Old Collection from Midland

[kcoett]

Ok - let me start at the beginning.  I had an account for Gateway computer purchases $3000 that became delinquent and was charged off by the OC.  I opened this acct sometime around 1999 - 2000.  While in college in 2005, I received a phone message from an attorneys office (Midland) stating I was going to be sued and needed to call the attorney back immediately.  So, being "uneducated" in the way of these scum collectors I called and listened to them harass me for 30 minutes begging me to commit to just a minimum payment.  I finally said I could send them $100 in a couple weeks.  At that exact moment the guy on the line said "Got Him" - and immediately I was transferred on the phone to another guy that said he was the actual attorney.  He then began harassing me asking why I was only paying $100 and that I better have it paid off within 3 months or I would be sued.  Regretfully, I sent payment and wound up sending about $500 within a couple months time before I stopped paying as I felt something wasn't right.  Never heard a word from them till I received a letter from another CA - so they sold it.  Now, it appears as if they have bought it back and I just received their letter last week stating that they were going to proceed with legal action.

Isn't that illegal what they did in 2005?  I'm guessing the SOL was either up or just about up and they made their last push which I fell for.

My question is - What do I do now?  Just don't answer the phone and throw their mail out and hope it goes away or what?  This account should be off my credit report by next spring at the latest.

Any suggestions appreciated.  Thanks

[Anonymous]

The first thing you should do is find out what your SOL is.

Then find out if your state allows payments to reset SOL, if those payments have to be made to the OC in order to reset SOL or if payments to the CA will reset SOL.

[kcoett]

I am in Kansas.  The SOL is 5 years I believe - but I don't know if it resets.  How do I find this out?

[Anonymous]

If you go to the Kansas Legislature's website, they offer a "hotline" to call and speak to someone. They may be able to answer this question.

Chapter 60, Article 5 states:

Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS

      60-510.   Effect of limitations prescribed. Civil actions, other than for the recovery of real property, can only be commenced within the period prescribed in the following sections of this article, after the cause of action shall have accrued.

The cause of action accrued when you stopped making payments the first time.

This doesn't mean that the cause of action is not restarted when you began making payments again.

I would try calling the hotline number and asking.

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kcoett wrote:

I am in Kansas.  The SOL is 5 years I believe - but I don't know if it resets.  How do I find this out?

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[kcoett]

Here is what I found, although I can't interpret it.

60-520Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS

      60-520.   Part payment or acknowledgment of liability. (a) Effect. In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

      (b)   Joint debtors. If there be two or more joint contractors, no one of whom is entitled to act as the agent of the others, no such joint contractor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any acknowledgment, promise or payment made by any other or others of them, unless done with the knowledge and consent of, or satisfied [ratified] by the joint contractor sought to be charged.

      History:   L. 1963, ch. 303, 60-520; Jan. 1, 1964.

[kcoett]

Any ideas?

Thanks

[Anonymous]

I would suggest filing reports about your experience, immediately, with the Federal Trade Commission, your State Attorney General, and the American Bar Association of the state where these 'attorneys' are located. You can also file with the Better Business Bureau.

Do it while it's still fresh in your head, so nothing gets missed.

That's on top of what other people suggest to you about finding out about statute of limitations and debt validations and proper procedure.

And don't talk with them over the phone. Send a letter that all communication must be by mail.