Debt collection outside SOL

[Anonymous]

I received a letter from Portfolio Revovery Associates about a debt that they bought 5 years and 9 months ago (November 2014) from Capital One. The original account was opened in 2012, according to the letter. I have no recollection of this account, and when asking for proof that this is my debt, they provided my name and the amount owed. Also, for statements of payment on the account I need to reply to them again.

I believe this debt is outside of the SOL. The state I live in now is 4 years, and my previous state is 5 years. I also did not see this debt on my credit report.

How should I deal with this? Ask for more proof? I don’t want to ignore them and receive more letters (even though it took almost 6 years to even be notified of this debt).

[vntrsc]

The date the account was opened has no bearing on the SOL.   Check your state laws.  The SOL would begin on the date of default.  In some states, a partial payment made after default will reset and extend the SOL. 

Did default occur in your previous or current state of residence?

Exactly what "proof" did they provide to validate the debt?

[Brian_Earl_Spilner]

They can try and collect on it forever if they want. The only way a debt goes away is if it's paid/settled, included in bankruptcy, or forgiven. SOL just keeps them from suing you. Like mentioned above, the date of first default is the important one. If your concerned about phone calls, you can tell them you only want to correspond by mail. They can always sell that debt and you'll have to go through the process again with the new collection agency.

[Anonymous]

Make them provide you a proof of debt in writing, its what they must due by law. Don't speak to them further until they do send them a certified letter requesting the proof of debt also. POA is very good about reporting the collection thus this is most likely on your credit reports, pull your reports to find out the name of the original creditor from there you should be able to find out the SOL dates depending on the type of debt and state originated in. Chances are it's beyond the SOL if a credit card to be sued... they can send you letters for the next 100 years, you can, however, tell them not to call... if they cannot sue you all they have is the letters and the calls and on your credit report for legally 7.5 years but typically all 3 bureaus let drop off at 7 years. You are pretty close to the 7 years and a collection over 5 years old may be hurting your credit a little but not tons of points. If they can't sue you, you don't care if it's on your credit reports for another 1.5 years then ignore them tell them to quit calling and they must, they also must provide you with proof of debt from the original creditor file information. If you do care want the letters to stop, want it off your reports before that 7-year DOFD mark and/or feel a moral obligation... POA will now ( never did before) settle for lesser with you and delete but make sure you negotiate that pay for delete with them.  Whatever I missed (sure there is more) others will chime in...

[wa3more]

If the debt is really time barred , I would send them a letter saying please do not contact me anymore in any form. Then sit back and sue if they violate any provisions of the FDCPA. Sometimes, they are dumb enough to violate. Always send letters CMRR. 

[gdale6]

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@Brian_Earl_Spilner wrote:

They can try and collect on it forever if they want. The only way a debt goes away is if it's paid/settled, included in bankruptcy, or forgiven. SOL just keeps them from suing you.

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Actually you can still be sued past SOL, the SOL is a defense that you must use.

[wa3more]

Gdale , good point. One has to raise SOL as defense.