cancel
Showing results for 
Search instead for 
Did you mean: 

Old bill

tag
holhat
Regular Contributor

Old bill

Hello....I had a CA call this am threatening to garnish and/or sue me for med bill from 2002.  Isn't that too old?

 

Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Old bill

Whether it's too old or not depends on the applicable statute of limitations. Do you know what the sol is for your state, and/or the state where the debt was incurred? Here's a link: SOL

Message 2 of 4
holhat
Regular Contributor

Re: Old bill

Says written is 6 yrs and oral is 3.  Does that mean it is uncollectable or at least that they can't sue me? It's not even on my credit report.  Can the CA add it and then it begins a 7 yr stay??  ohmyg....so confusing.

 

Thank you for your reply!  Smiley Wink  

Message 3 of 4
Anonymous
Not applicable

Re: Old bill

If the DOFD was in 2002, then you have an absolute defense should they actually attempt to sue you, as long as you show up in court. It is past the statute of limitations.

 

No outstanding debt is uncollectable, unless the debtor has exited earth stage left, LOL! However, once you're past the SOL, and CRTP, you can tell the debt collector to FOAD. They no longer have any leverage to compel you to pay. Still, keep an eye on your credit reports in case they try to re-age (illegal) the debt. You never know what stunt a JDB might try to pull. No, they can't just decide to restart the 7 to 7.5 year clock, unless you do something (like make a payment) to toll the statute of limitations in a state that allows such to happen.

 

It sounds like  you were contacted by a junk debt buyer who was hoping to intimidate you into paying. Junk debt collectors frequently don't care about violating the FDCPA, because they can be hard to trace, and they'll almost never send you anything in writing. The FDCPA states that debt collectors can't threaten lawsuits and garnishments (amongst other things) unless they actually plan (and can) to go through with it. This collector is also obligated to send you a dunning letter within the next five days-- which probably won't happen, as they are unlikely to want a papertrail leading back to them. If your date of default is accurate, then they're liable to you for $1000 now, and in a few more days when they don't send the dunning letter you can tack on another $1000.

 

If you've got their contact information, send them a bill. Smiley Happy

Message Edited by LilMirth on 02-05-2009 08:44 PM
Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.