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How is this possible

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Anonymous
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How is this possible

I opened a Kay jewelers account back in 2005. Never paid. Haven't heard anything. I get a letter today that a collections office wants to speak with me. Is this even legal??? Could have sworn it went to collections back in 2005,2006. I want to know what they can legally do before I call them back.
Message 1 of 12
11 REPLIES 11
Anonymous
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Re: How is this possible

Also I had gone on an app spree at the same time, and all the creditors were calling me. It's been so long, nothing is on my reports, so **bleep** is this????
Message 2 of 12
Anonymous
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Re: How is this possible


@Anonymous wrote:
I opened a Kay jewelers account back in 2005. Never paid. Haven't heard anything. I get a letter today that a collections office wants to speak with me. Is this even legal??? Could have sworn it went to collections back in 2005,2006. I want to know what they can legally do before I call them back.

They can "legally" send letters and call you demanding payment. Thats pretty much it. You can send them a Cease Communications letter and they won't even be able to do that.

What state are you in?

Message 3 of 12
Anonymous
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Re: How is this possible

Nh, I have no collections on my report, and just cleaned it all up. I'm now concerned about this.
Message 4 of 12
Anonymous
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Re: How is this possible

My view is it's best not to call them back; screen your calls. If you do, expect more aggressive collection actions. However, if you feel the need to call, you can tell them to stop calling. Doesn't mean they will stop though. Often when one ignores such "zombie" debt collectors they go away. They paid little to nothing for the debt (assuming they even own it to begin with) and will move on to easier pickins who will respond.

 

Zombie debt is very old debt that is both out of statute of limitations (4-6 years in many states, but can be little as 3 to upwards of 10 in a few) and also upwards of 7+ years old, and no longer reportable to the credit bureaus. Statute of limitations (SOL) and length of time a creditor / debt collector can report are often different. For example in Pennsylvania, SOL is 4 years, but credit bureaus can report delinquent debt for ~7 years. When both SOL and credit reporting time are both exceeded, that's zombie debt.

 

A cease and decist letter can be effective, but you'll need to find out who the zombie debt collector really is - they often lie on the phone and/or evade the question. Also, they can transfer the debt, and the cycle begins all over again.

 

Unpaid debt can generally be pursued indefinitely, but there's a limit to the length of time (statute of limitations; SOL) a creditor / debt collector can utilize the courts to collect on the debt. Again, to reiterate, the debt itself remains a legal debt indefinitely and can be pursued. However, the vast, vast majority of creditors / debt collectors will reduce, and eventually cease, collection activities sometime after SOL and/or ~7 year credit reporting period has elapsed.

Message 5 of 12
Anonymous
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Re: How is this possible


@Anonymous wrote:
Nh, I have no collections on my report, and just cleaned it all up. I'm now concerned about this.

You're well past SOL, and CRTP, so they can't successfully sue you, or hurt your credit legally. I would send them a DV and if you hear from them again send a cease communications letter.

Message 6 of 12
RobertEG
Legendary Contributor

Re: How is this possible

If they were to report to a CRA, they are required to provide the DOFD on the OC account.

If the DOFD is more than 7 years plus 180 days ago, the CRA is required to exclude any collection from your credit report.

Thus, you should not be concerned with a collection showing in your credit report.

 

If the SOL has also expired, they cannot obtain a judgment.  The debt has become time-barred from legal action to compel itsd payment.

 

You can choose to ignore and send a cease communicaiton letter.

However, it could still be to your advantage to pay.  In your state, expiration of SOL does not discharge the debt. 

 

Settlement would discharge the debt, and thus remove any issue of having an unpaid, delinquent debt affecting your future ability to obtain credit.  You could, if you decide to clear the deck, make them a settlement offer at a very low percentage of the debt.

Message 7 of 12
Anonymous
Not applicable

Re: How is this possible

I'm on ssdi disability and a single mom of 3. No way can I afford to pay it back. Also there is not amount owed in the letter. Very odd.

"I must speak with you.
Please call this office. The law firm is open Monday-Friday from 8:30am to 8:30pm.

Payment may also be made via the Internet at blank. Through our ivr at phone number. When you choose to make a payment with your bank account via website or the ivr system and enter your cn number when prompted,you ate authorizing law offices blank to debit your bank account via ach in amount authorized toward payment of debt owed."
Message 8 of 12
Gunnar419
Valued Contributor

Re: How is this possible


@Anonymous wrote:
I'm on ssdi disability and a single mom of 3. No way can I afford to pay it back. Also there is not amount owed in the letter. Very odd.

"I must speak with you.
Please call this office. The law firm is open Monday-Friday from 8:30am to 8:30pm.

Payment may also be made via the Internet at blank. Through our ivr at phone number. When you choose to make a payment with your bank account via website or the ivr system and enter your cn number when prompted,you ate authorizing law offices blank to debit your bank account via ach in amount authorized toward payment of debt owed."

Kaylava, this is a junk debt buyer. They can't legally report this debt on your credit and almost certainly they can't sue you for it at this late date. These bottom-feeders buy old debt at pennies on the dollar then try to intimidate or arm twist people into paying them something, anything. Look up the statute of limitations in your state, but almost certainly this is something you can safely ignore.

Message 9 of 12
Anonymous
Not applicable

Re: How is this possible

I read something about it being 3 years. Does that sound accurate?
Message 10 of 12
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