How long can they attempt to collect

[Anonymous]

Hello,

In 1994 my ex boyfriend and I bought a car, jointly in Utah.  We later moved to TN and split up(1999).  The finance company began calling me.  I was told by finance company since he had the car if I signed a release from I would be released from the loan.  I did that in 1999.  The car was repossesed in 1999.  I heard nothing from them after I signed the release from until today.  The finance company apparently turned the account over to collections, who turned it over to an attorney.  The attorney sends me a demand for payment letter.  However, I want to know if they can still attempt to collect the debt considering the length of time that has passed?  

If so what should I do, I do not have the $ to pay the debt or any of the original docouments considering the length of time that has passed.

PLEASE HELP.

[moondog7324]

They can attempt to collect the debt forever (in most states)- What you really need to find is the SOL (statute of limitations) that applies. I'm not sure if its Utah or Tennessee. The SOL determines how long they have to sue you. If you are sued on a debt that is beyond SOL it is a defense that you must raise in order to get the case dismissed.

Is this still showing on your credit reports? If you are sure the SOL is up, and the attorney keeps contacting you, I would send him a nice FOAD letter.

[Anonymous]

According to fair-debt-collection.com site the SOL is 6 years in TN & UT while the MS SOL is 3 years.  I know they can attempt to collect forever, but it is annoying!!  Oh BTW it is not on my credit and has not been for several years. 

One more question, can they report it on my credit again?  If so what would I do at that point?

[RobertEG]

If it is not on your CR, and the SOL has expired, you can simply ignorre them.

You can deal with their harasment issue in sweveral ways. 

First, did their recent contact with you contain the required "dunning notice" under FDCPA 809(a)?

Maybe you have a dunning violation in your hip pocket.

Second, send them a letter in writing pursuant to FDCPA 805(c) demanding that they cease all further communication with you.

After that, all they can do is sue you, and with the SOL expired, they would be stupid to do that.

[MattH]

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@RobertEG wrote:

If it is not on your CR, and the SOL has expired, you can simply ignorre them.

You can deal with their harasment issue in sweveral ways. 

First, did their recent contact with you contain the required "dunning notice" under FDCPA 809(a)?

Maybe you have a dunning violation in your hip pocket.

Second, send them a letter in writing pursuant to FDCPA 805(c) demanding that they cease all further communication with you.

After that, all they can do is sue you, and with the SOL expired, they would be stupid to do that.

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Some will file suit anyway, hoping the debtor will ignore the summons and they can get a default judgement.  If they do file suit and Original Poster gets a summons then OP must show up in court to invoke the SOL.  

[Anonymous]

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bsbaby0704 wrote:

According to fair-debt-collection.com site the SOL is 6 years in TN & UT while the MS SOL is 3 years.  I know they can attempt to collect forever, but it is annoying!!  Oh BTW it is not on my credit and has not been for several years. 

One more question, can they report it on my credit again?  If so what would I do at that point?

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Where did MS SOL come in? Are you now living in MS?

You need to find out for certain what UT statutes are. From what little research I did, the time you are absent from UT does NOT count in the SOL period. Seeking advice from legal counsel would be your best bet.

78-12-35.   Effect of absence from state.
     Where a cause of action accrues against a person when he is out of the state, the action may be commenced within the term as limited by this chapter after his return to the state. If after a cause of action accrues he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.

If the debt itself is past CRTP, which is different than SOL, it can not be reported again. However, if a judgment was ordered, it can report on your CR for 7 years from date filed. Longer if it is renewed.

[moondog7324]

With what 'sidewinder' found, the best advice is to seek legal counsel on this one.

[Anonymous]

I do reside in MS now and have for the past 4 years. 

I have contacted the Utah Attorney General to find out the details of the SOL Laws in that state.

Thanks,

[Anonymous]

What is a CRTP?

[Anonymous]

Credit Reporting Time Period.

How long something can report on your credit reports.  Usually 7-7.5 years (with exceptions).  Usually begins from DOFD.

Be sure to read the frequently requested threads.  One of the threads lists all of the commonly used abbreviations.