collection from 1985

[Anonymous]

i recently received a call from a local repair company that i apparently still had a balance. i live in missouri and wondering if the SOL applies in this situation since it is not thru a collection agency but are the 1st party collector, or the one who the debt is to. the bill is from 1985.

[Anonymous]

yes, i hear many people are also complaining the same issue.. why is this happening by the way?can someboby please share their thoughts?

Message Edited by llecs on 05-29-2009 01:36 PM

[Anonymous]

SOL is the same for an OC and a CA.  Since the debt is from 1985 I am fairly certain it is way beyond SOL.

[Anonymous]

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@Anonymous wrote:
i recently received a call from a local repair company that i apparently still had a balance. i live in missouri and wondering if the SOL applies in this situation since it is not thru a collection agency but are the 1st party collector, or the one who the debt is to. the bill is from 1985.

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There are two aspects to this. 

First, if this is legitimate (you really owed the repair company in 1985), then the debt is still valid and the repair company may continue to attempt its payment forever.

Second, the SOL only limits their ability to use the courts and obtaining judgement and garnishment.  It does not prevent them from continuing to ask you to pay a legitimate debt. SOL does not ever make a debt invalid.  It just limits the methods by which it may be collected.

Since this is the OC, FDCPA does not apply. 

[callawaygolfan]

Send them a cease and desist letter. Since they can't sue you because it is way past the SOL, then they have to stop contact with you if you c/d them. Guess they could send it to junk debt buyer, but for all practical purposes, their attempt to collect from you would become frustrated.

Under Mo

UCC contracts: 4yrs (sale of goods)

Written contracts: 10 yrs (probably where you fall)

Open Accounts: 5 yrs

[moondog7324]

If it's beyond SOL and you feel no moral obligation to pay a legitimate debt, then a FOAD letter is appropriate in this situaion.