Statutes of Limitations?

[Anonymous]

I recently had a couple old (unpaid) collections fall off my credit report after it ran its 7 year life.  Today i recieved a letter for one of the accounts asking for a payment.  My questions is, can this reapear on my report even though its been 7+ years?  How does the statues of limitations work?  This is for an old credit card. I am located in illinois.

thanks

[gdale6]

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wrote:

I recently had a couple old (unpaid) collections fall off my credit report after it ran its 7 year life.  Today i recieved a letter for one of the accounts asking for a payment.  My questions is, can this reapear on my report even though its been 7+ years?  How does the statues of limitations work?  This is for an old credit card. I am located in illinois.

thanks

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Max time it can appear on CR is 7 yrs + 180 days from the DoFD but if they have already excluded it its gone. The only way it can come back is if they were to illegally reage it. The SOL is not the same as the time it can appear on your CR but it refers to each states time limits for a creditor to be able to use the courts to gain a successful judgment. You would need to examine the State of Illinois statutes on these to determine if they can still use the courts. You should also know the limit of times as there are those who would still sue and then it would be up to you to use the SOL as your defense. Welcome to the board

[Anonymous]

So do the SOL go from the date of initial default? It looks like illinois SOL on an "open ended account" (credit card) is 5 years.

[Anonymous]

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wrote:

So do the SOL go from the date of initial default? It looks like illinois SOL on an "open ended account" (credit card) is 5 years.

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The Sol is in your case five years from the DOFD. One way that could be renewed is if you made a payment less than full price or set up a payment plan. Then it can be renewed from that agreement. That’s why people say don’t make any payment agreements unless you plan to honor it. Because it can renew lawsuit periods.

[Anonymous]

Since you are past the reporting date AND past SOL - send a Cease & DESIST letter.
Include in the letter "please be aware that the statute of limitations has expired. Any action against me legally or by reporting this debt to any credit reporting agency will result in a lawsuit against your company. Your actions will also be reported to the CFPB, both my & your state Attorney Generals, and both my your state Consumer Protection Agencies. Also, an attorney involved Ed in any legal action will be reported to Attorney Grievance and sanctions, if not disbarement , will be requested.

[Anonymous]

IF you were sued and a judgment was obtained against you then SOL not really at issue unless you were sued past SOL then you may have an argument.

[RobertEG]

You can, at any time, including prior to credit report exclusion, or prior to any expiration of state SOL for initiating civil suit, send a cease communication letter to the debt collector, which will preclude any further communications from them after reciept of the notice.

FDCPA 805(c).

However, such a letter only applies to initiating communications (written or oral), and is not a total cease and desist requirment.

You cannot instruct or require them to cease and desist from other permissible collection activities, such as  continued reporting to a CRA or making inquiries for your credit report, that are otherwise permitted by law. 

A sample notice would be:

"This is written notice under FDCPA 805(c) that I wish you to cease further communication with me regarding your collection on the identified debt."

[Anonymous]

I would not send them anything. If this is SOL barred you want them to violate your rights and threaten suit. 

Old saying. Never correct your enemies when they are making mistakes 

[RobertEG]

Being outside of SOL does not per se raise any bar against their continued attempts to collect the debt provided their actions do not violate any other provisions of law.  Some states require that any communications after known expiration of SOL include notice to the consumer that they cannot be sued on the debt, but expiration of SOL alone does not normally require that they cease communications.

If you dont want any further calls or letters at any point, you can terminate by sending a cease communication notice under FDCPA 805(c).

[Anonymous]

Honestly, I'd prefer not to "stir the pot" any more then I need too.  As long as nothing can be done on thier end at this point, they can just keep calling or sending letters till they are blue in the face!