Collection Agency Calling on 10 year Old Debt Past the SOL in California and Kentucky
in 2001 i lived in California and had a small credit card. i was hurt on the job and unable to pay. Today 1/09/2012 i live in Kentucky and a collection agency just contacted me.
Do they have to go by California law since that's where the debt came from. or since i live in Kentucky, does that change the whole process?
I lived in California 2001 had small credit card hurt on job unable to pay 10 years later collector me in Kentucky what can I do?
—kelly
Short answer
This is what gets called zombie debt: an account outside the statute of limitations for anyone to sue you over it, and old enough that it should no longer be showing on your credit report at all. With a 4 year limit on open accounts in California and 5 years in Kentucky, a lawsuit is unlikely.
Key points on this page
- Zombie debt is a debt the owner can no longer take to court, and that should have aged off your report as a charge off or collection.
- You can unknowingly reset the statute of limitations by admitting to the debt, or by making a partial payment.
- On open accounts such as credit cards, the statute of limitations is 4 years in California and 5 years in Kentucky. A move between states can pause the tolling.
- Caution: if you are not certain the debt is past the statute of limitations, a cease communication letter leaves the collector no way to proceed except by suing you. Consider other ways to resolve the debt first.
- To stop contact on a debt you know is time barred, send a letter stating that you dispute the debt and demand the collector cease communicating with you in any way. Send it certified mail with return receipt and keep the green card.
- If the same agency keeps contacting you after that, speak with an attorney experienced in collection violations. Many take these cases on contingency and are paid by the other side. Also check that the account left your credit report 7.5 years after the date of last payment.
The debt collector is trying to get you to pay what is likely a “zombie debt“. Zombie debt refers to a debt that is outside the statute of limitations (SOL) where the debt owner can access the courts and sue you in order to collect, and the fact that after 10 years, the account should not be appearing on your credit report as a charge off or collection. The debt is essentially the walking dead.
There are instances where you can unknowingly reset the SOL on a debt by admitting to the debt or making a partial payment.
There are also instances where the tolling on the SOL is paused due to the move you mention you made. With the SOL of 4 years on open accounts (credit cards) in California, and 5 years Kentucky, I find it unlikely the SOL can be established as still an active concern, and I doubt you will be sued. If you were sued, I would encourage you to connect with a consumer law attorney and discuss the situation at that time. In fact, I want you to be aware of a few things that may lead to you contacting an attorney with debt collection violation experience.
Debt collectors should follow up phone calls with a collection letter.
This collection letter will give you the address you need for the agency in order to send them a cease communication letter. It does not have to be a fancy or long letter. Just be sure it states that you dispute the debt and you demand that the collector cease communicating with you in any way. This means this particular collector should not be attempting to contact you again. Be sure to send the letter certified mail return receipt in order to get the green card back that proves the collection firm received it. If collection attempts by the same collection agency continue after that, you should connect with an attorney with collection violation experience and discuss how he or she may be able to assist you. Many attorneys with experience in this area of law will not charge you a retainer or request any fees from you if they represent you in this situation. They work your case on contingency, where if they are to be paid, it will be by the other side.
If you continue to receive calls on this debt by this, or any other collector, I would encourage you to reach out to an attorney. I can help you locate one if you post the name of a large nearby city.
I encourage you to check your credit reports if you have not done so recently and be certain that this negative account has been removed after 7.5 years has elapsed since the date of last activity (last payment). Any collection agency reporting related to the account should no longer remain on your report either, but collection accounts do often reflect a more recent and therefore inaccurate date of last activity.
Sending debt collectors a cease communication letter if the SOL has not expired.
Anyone reading this who is not certain that the debt is outside the SOL for legitimate collection efforts using the courts, who sends the cease communication letter in an attempt to stop collection calls and letters, will be leaving the collector no alternative to communicate unless they want to proceed with collection by suing you. There may be better methods for resolving the debt you should consider instead.
Any reader with questions or concerns regarding debt collection and the statute of limitations can post them in a comment below for feedback.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I live in California and SOL is four years. I have credit card debt that was last paid on 9/26/2010. I got a letter from a debt collection agency that stated that the debt was old. I sent a cease communication letter. I just got a call from Convergent Outsourcing. What is your advice.
If it were me, I would wait for Convergent to send a follow up written communication, as is required.If they do, I would then send Convergent a cease communication letter to them certified mail return receipt requested (keeping a copy for my records). If Convergent Outsourcing does not send the required written notice, I would probably talk all of that over with an experienced FDCPA attorney in California. I can help you connect with one who offers no cost initial consults, and takes debt collection violation cases on at no charge to you.
Debt passed the SOL to sue does not disappear, so be ready to send a few cease communication letters.
Hi,
I just got a “letter” from Dynamic Recovery with a Bealls debt of almost $700. I had this credit card around 1993 or 1994. I was unemployed and stupidly stopped paying anything on the debt around 1994. I lived in Texas at the time but moved to ND in 2001.
The letter gives me an option of settelling the debt for around $250 by a certain date. Or pay in payments.
Do I just need to send a cease communication certified back to them?
Thank you!
If I were dealing with a zombie debt (cannot be sued, and no longer can appear on my credit reports), I would do just that. Be sure to send with a return receipt request too. And keep a copy of the cease communication letter, and green card you get back, in a safe place.
I live in Kentucky i am getting unclear answer of what the statue of limitations are here. Recently was informed local constable was trying to serve me with papers from midland funding for credit card debt in amount of about $1,000. Its has been 6 years since last payment September of this year 2014. Should i pursue a resolution on the debt or let it ride?
Midland Funding likely has data about your account that suggests to them that the SOL has not expired.
Who was the original creditor that sold the debt off? Who is the attorney for Midland?
How comfortable will you be doing the research needed to file your own answer to a summons with the court (raising the expired SOL issue)?
I live in orange county of California. 90621. I have a debt over the period of 7 1/2 years for a car reposession. The original collector sent this account to another collector. They evaluated me for a hardship settlement but I do not want to take advantage of the offer because of the taxes I will have to pay for the debt. Can I get the new collector to stop reporting on my credit report because of my original date of delinquency???
Who was the original creditor, and do they appear on your credit report still? If so, what date do they show you first stopped payments?
Who is the debt collector now? What is it they show on your credit reports?
I have an old charged off account by XYZ Bank. The account was sent to collections. The date of last activity for this account was roughly April 2006, making the SOL 2007 at the latest. In the last 7 months I have received 3 collection letters from the collection agency. I’m ready to take them to court because I feel I’m being harassed for a debt that is far passed the Statute of Limitations and they are violating my FDCPA rights with their continued collection attempts. For the record, they are not reporting this on my credit report. At this point I’m only receiving letters. What are your thoughts on the situation?
Debt collectors get to call and send collection notices through the mail even though your states SOL to sue may have expired. You generally have to request all communication to cease in order for those letters they are sending to reach the level of collection harassment, or where you would have great success bringing an FDCPA violations claim.
Have you sent this particular debt collector a cease communications letter? If not, and you choose to, be sure to send your letter certified mail return receipt, and keep a copy of your letter and the return green card you get back in a safe place. If collection calls or letters occur thereafter, post an update about them.
Zombie debt does not go away. But you can block the zombie debt collectors from your life.
Hello,
I have some old debt that is past the SOL for my state but I received a letter today from a company that says they purchased it. They now want the “outstanding balance” and want to work with me to pay it off. They even acknowledged in the letter that they cannot sue me but they will continue to report the information about my account to the credit reporting agencies. Do I just need to send them a cease and desist letter? Someone tried to sue me for this account last year before the SOL ran out but they gave up their fight and I didn’t have to pay anything. I just wondered if a cease and desist was enough or if I needed to ask for verification of the debt. The agency I received the letter from is Calvalry Portfolio Services. Thank you!
A cease and desist letter is typically all that is needed in a situation like yours. Be sure to send that certified mail return receipt.
If they can no longer legitimately sue, they are left with credit reporting as their only leverage. Do you have any credit or finance goals in the time left before this collection agency drops from your credit reports?
What do you mean by credit or finance goals?
Do you plan on applying for a home loan, auto loan, anytime between now and the collection falling off your credit reports?
No, I have no plans for that in the immediate future. I’m just trying to bide my time right now until they fall off.
Okay. My concerns for whether you were going to be applying for new credit before this collection falls off your credit reports would not apply. Your cease communication letter would prevent any additional calls and collection notices.
If anything should occur after you get the green return receipt card back, post an update and lets go from there.
Sounds good. Thanks for your help!
I live in Ky and have many health problems had to retire and live on disability now. I received a call yesterday from a collection agency on a Capital one bill dating back to 1999 there was a discrepsence at that time. I thought this would have been off my credit years ago ? What options do I have my health is poor and they are very pushy and rude I just don’t need the stress. The agency was Convergent.Thank You
Convergent buys up really old debts on the cheap and tries to get you to pay. A debt from 1999 is too old to be on your credit reports, and you can no longer be sued legitimately. You can send a cease communication letter to Convergent where you clearly identify yourself and tell them to stop all calls to your numbers, and send no notices to your addresses. Pretty much a “dear John” letter for collectors.
Have you looked at your credit reports to see if they are reporting anything, or if any other collection agency is?
Hi my name is Candice and I was contacted today saying I was going to get a summons to court . I had no idea what about so they gave me a nimber to call to find out. So I call and this legal agency says I have a $1000 over draft fee with us bank. Now we are talking over 9 yrs ago. They said they been trying to get a hold of me. This is the first time I received any notice on this. I only over drafted $200. And then closed my account. I disputed with blockbuster who did this to my account and they quit charging me. I was told by us they would take off the charges but didn’t. So I closed account and they sold debt to someone. Its been 9 yrs and im receiving threats of taking me to court. They r trying to sue for over $1000 on a 200 debt. Can they do that and what can I do. They say I have 24 hours to tell them if im going to pay half of it or im going to court. I dont knkw what company and have never received a letter .
Candice – If you do not know the company name or phone numbers, wait for them to call back and if you are up to it, try to play along and get as much info as you can without giving them any personal info of your own. Post the names you can gather, and phone numbers, as an update comment here. You could also just tell them to pound sand if you hear from them again.
Legitimate debt collectors would never tell you to pay half or you are going to court. Scam debt collection outfits do that, and I suspect that is what you are dealing with. I would like to get as much info about them and expose that if the shoe fits.
Does anything about this debt still show on your credit reports? If so, what is on there now?
I have a debt with Capital One with the last payment being 11/24/2009. I live in TX where the SOL is 4 years. Account Discovery Systems out of NY contacted me and said that the last payment was 11/24/2011. I have the credit reports with proof that the last payment was indeed in 2009. They have threatened to sue us in civil court. What should I do? My zip code is 76310 Archer Co. TX.
Your next step would depend on what your goals are. Most folks who are certain about their state SOL for a legitimate lawsuit passing, would then look at what financing needs they have until the old Capital One account drops from the credit report entirely (keeping any eye that Account Discovery Systems, or any other collection related to this account, drops at the same time).
You could send them a cease communication notice (use certified mail return receipt).
You could contact an experienced debt collection rights attorney and talk to him/her about filing a FDCPA violation action against the collector. If the attorneys opinion that the threat to sue was something Account Discovery Systems knew they would not follow through with, it is a phone call worth making, as lawyers with a practice focusing in this area will often not charge you anything to take up the case.
I can email you contact information to some attorneys in your area if you like?
I just want ADS to realize this debt is past the SOL and to leave us alone. My husband and I are both 65 and live off of SS. Please send some names of attorneys for Archer Co., TX
I sent you a half dozen attorneys to choose from. None of them are all that close to you, but distance does not have to be an issue in these situations.
Hi,
I was contacted the other day by a collection agency stating that they were representing cashnet and that cashnet was going to report me to telecheck and file charges against me for not paying. I had a checking account that was attached to a merchant account for a small business many years ago. This was the account they stated it was for. I agreed to pay the money as I thought it was legitimate. I used my CC to pay a small fee and agreed to pay the balance later. The lady on the phone stated this was from March of 2007. This was all happening while I was in the process of moving. The next day when I was settled I contacted Cashnet and found out that this was a payday advance type of company and that the company I was speaking to and agreed to pay was not representing them. I contact my CC company and told them about this and they said nothing had been charged to my card from the company. They put me in contact with the fraud department and issued me a new CC. I am now trying to research if someone used a check on this account or did something fraudulent with it seven years ago. I have not contacted the company I spoke to on the phone yet. They sent me an email stating the payment plan but everything about their company is murky and does not seem to be on the up and up. Any advice?
Legitimate debt collectors do not tell people they are going to file charges against them.
File a debt collection complaint with the CFPB and provide all the details that you can here: https://www.consumerfinance.gov/complaint/
At the age of 17, I obtained a private student loan from sallie Mae with the help of a cosigner who is now deceased. That was in Texas in 2006. The loan didn’t have to be paid off until I quit attending school. I took 07-08 off and had to begin payments in fall of 07. The last payment I made was in late 07 or very early 08 like jan or February. I went back to school in fall of 08 and contacted sallie Mae to let them know in late 2008. The lady I spoke with was very rude and said that if a payment was not made that the loan would default the next day. When I tried to ask further questions she became more rude and I hung up. Haven’t talked to them or their debt collector about the debt since that time. The only adress I had outside of Texas was one in Kentucky for 3 months during this time. That was in 2012. After that short time I moved to arkansas in late 2012. Haven’t got a phone call for about a year (which I haven’t answered) until they called an extended family member in Kentucky the other day. How that number was at all associated with me is beyond me. It was an automated message telling that person to have me call a certain number. I wish I was in a position to just settle or begin large payments but I have a low paying job and three dependents. What state SOL would apply? What is best to do since the SOL is so close or would have passed? Not sure when the loan actually defaulted. Please give any advice you can.
I would talk about which SOL applies, and if that has expired, with an experienced debt collections defense attorney. Post the name of a nearby city and I will email you contact info for ones I know nearest you. My sense is that you are passed being sued, but that does not mean the debt goes away, and it is growing.
How much is the loan balance?
Little Rock
The original loan was $12000. Not sure what it is now. Fixing to try and wade into it all, just wanting to be prepared before I contact them so I don’t get side swiped.
You are way ahead of some folks who are more like – fire, ready, aim.
I sent you an email with contact details to an experienced consumer law attorney you can talk with about your next step.
I know this is nearly a year later than the original comment but, I wanted to share what I did last year with regards to my own defaulted student loans. There are 2 options to get out of default/collections : consolidate or rehabilitation. Rehabilitation requires paying what is owed to date. Many people in are financially not able to do this. Consolidate is easier. It puts the student loan back into active status and not in collections or listed as default on your credit report. The best part is that you can then request a income driven payment instead of the standard payment. Based on my current income, my payment on the $50,000 that I owe for undergrad and 2 grad programs is $14 per month. You reapply for income-driven every year. I think that this information will save a lot of people in this situation from the stress and worry of dealing with horrible collection agents and their tactics.
I live in calfornia I received the credit card debt in the mail today which was from 10 years ago if I call the collection agency to dispute the The credit card debt will I be responsible if I contact them even though I’m past the statue limitations to denies the debt Will they be over to reactivate the statue limitations just buy the contact
Not based on what you shared.
What is the name of the collection agency? Why are you thinking about calling them?
Is there a collection item related to this debt appearing on your credit reports?
Hello, I received a collection letter from an agency trying to collect a more than 10 yr old debt. I live in FL where the SOL is 5yrs. How should I reply?
Who is the debt collector?
Convergent Outsourcing is the collection agency.
If you are certain the SOL to sue is passed, I would send a stop contact letter certified mail return receipt. Save a copy of the letter you send and the green card you get back in a safe place in case they continue to try to call or send collection notices later on. More on that here: https://www.consumerfinance.gov/askcfpb/1405/how-can-i-stop-debt-collectors-contacting-me.html
I am sure the SOL has passed. Thank you for your quick response.
I was first asked if I had a reloadable debit card which I don’t, but gave them credit card # which I called bank and had that card canceled and they are issueing me another card #, it was suppose to thru on this coming Fri.
You are out of the woods it sounds like. And will probably hang up on the next debt collection turkey that tries to lay on anything like that again.
What was the name of the debt collection company, law office, or attorney? It would be good to post that here so that others can be warned about the same thing.
After much research, I’ve found a settlement paid release letter on this debt which was paid in April 2007. The debt collection company is Steinberg & Assoc. 4533 MacArthur Blvd. Ste. 278 Newport Beach, CA. tel. 855-871-9879. What action should I take other than calling them and say this was paid? Something need to be done to scammers like these.
I would first suggest you talk about all of what has transpired with an experience debt collection violation attorney in your state. The consult would be free, and if they see clear cut violations of state and/or federal collection laws, the attorney may go after the debt collector at no charge to you as well. What is the name of a nearby larger city? I will email you contact information to attorneys with the experience you want, and you can talk it over.
I live 10 miles from Mobile, AL. thanks for your time and help.
I was contacted a few days ago of a credit card debt of at least 15 years ago, they said they were with a lawyers office and threatened me with all kinds of legal action. I’m not sure if it was paid or not but I was unemployed for 15 months around that time. I know its outside the SOL but i made the stupid mistake of agreeing on a settlement of $300 due to their high pressure scare tactics. What should my next step be?
How was the payment remitted, and when was it set to process, if not already?
Have you contacted your bank about what you can do once you realize you have been victimized by a scam?
Hi. Just wondering if you would know if the SOL continues to hold true if the original debt, before being sent to the collection agency, was a debt to the Superior Court of California for traffic violations and failing to make payments / therefore going to collections? It’s been 7 to 10 years, I’ve gone to court ( & jail ) many times, and none of the Superior Court judges were able to allow me to make payments, etc., as the fine was already in collection. I think that I stood before 5 or 6 judges, who tried everything that they could to give me some kind of break. I haven’t been able to drive to work or make any money, due to the DMV hold, so I’m unable to pay $3,000.00+ in full. I haven’t gotten any letters or calls from them for quite some time, though the collection calls continued to come from the court, even after being sent to GC. I may be wrong. I’ve never been arrested on any warrants for this. I think that they told me that it would be taken out of any tax returns. Anyway,…I wanted to ask your advice on this because those types of debts don’t show up on credit reports. I was going to look it up on the DMV website as I wrote this to you, but I know what DMV’s answer will be already,…” If you want a print-out,…$15.00 “–probably $30.00 by now. My friend actually told me to go to “Homeless Court”.,…10 years ago I was “House-less”, so…that’s why I couldn’t even send in $1.00 to keep it from going to collections I realize my question seems so obvious. I just had to ask. Thank you for your time and expertise.
I am not positive of the answer regarding the SOL for court fines in California. I sent some questions out to professionals in California who would likely have the answer, and will post what I learn as soon as it comes in. Sorry for the delay.
I recently received a call from a debt collector that stated I owed over $4K on a BofA credit card opened in 1999. He stated that my last payment was made 07/2007. I told him I was certain that I paid this off through Bank of America. He responded with there’s no way I could have done that, that I would’ve had to pay the agency. I told him I would look into it and get back to him. I also told him I check my credit report frequently and I know this is not on my report. He said even though he can sue me he can call me everyday for the next 30 years and proceeded to tell me that some people are just irresponsible in the college years and ignore things they have messed up in the life into their adult years. I was very offended because I had been polite to him the whole time, but I wasnt surprised. Now the agency has called me literally everyday since then, sometimes more than once. Would I be able to send him a cease communication letter in this instance. Please advise.
Stephanie – If it were me, I would send the cease communication letter. What is the name of the collection company contacting you?
Diaz & Associates out of Santa Ana, CA.
Thanks. I wanted to know in the event your reply raised any other concerns. It doesn’t.
Hello,
Thank you for this information. I received a debt collections notice for a phone bill dating back to 2003/4 (unsure) it is now 2014. Should I simply write them the basic cease and dissit letter? Any advice would be appreciated!
Additionally, this is not showing on my credit report.
Thank you in advance.
Carol – What is the name of the collection agency that sent you the notice? What state do you live in?
Zombie debt!! The last agency to call me has stated that my case qualifies for Civil Litigation for Non Payment of a phone bill from 2004, my name, but a shared phone. They “offered” me an out of court settlement if I would pay a portion and set up payments. My statements back to them were how could I have a debt like this and not know about it? NEVER did I receive a bill from the phone company that went unpaid (Maybe the roommate did but didn’t send to me?!) My husband got on the phone and got their address and told them we’d wait to be “served”. Since you asked Carol who the agency was…I’m including this. Jackson Ray & Associates, 25060 Hancock Ave. Ste B103-148, Murietta, CA 92562.
I would talk over the situation with an experienced debt collections violation attorney. Telling you the case qualifies for civil litigation, but when the alleged debt is more than ten years old, could be a violation.
Let me know if you need help locating an attorney that does this kind of work and I will email you.
Thank you Michael Bovee! I really thought they could not file a CL against me but wanted to research and be sure. They tried really hard to “scare” me into giving them a payment..but something kept telling me it wasn’t “right”! Not sure I want to charge them with violating the law by threatening me with litigation (certainly something to think about)…but surely do want them to stop!! I have started screening my calls! I would gladly pay what was originally due to the phone co., but they can’t even tell me what that amount was…it’s now $805.00!! I will talk this over with my husband and see if he wants to pursue anything…and I’ll be back in touch. Thanks again for your advice…I appreciate it very much!
Something similar happened to me with sprint. However I have never had sprint in my life. Can you let me know what the outcome was? I agreed to pay because they threatened to garnish my paycheck but after speaking to different people I was told that they are just saying that to scare me. I am confused, not sure of what to make of all of this, the bill is from 2002. Thanks!
I bought a truck in December 2000 the truck was a complete lemon and put three transmission in within 4 months, i quit paying on the truck in june 2001 and let them come get it. I went to prison in Jan 2003 and got out in oct 2010, been doing great got a good job and got approved for a home loan in april 2014, when out of the blue i received a letter from a collection company saying i owe 9 k on that old repo, it is past the sol which was 6 years, the collection company did provide proof of the debt. Should i send the collection agency cease communication letter?
John – I do encourage people use a cease communication letter to stop collection calls and letters from coming in on old debts that are passed the SOL for legitimately collecting in the courts. This one should be too old to be showing on your credit report too.
Send any communication like this using certified mail return receipt requested. If you hear from the debt collector again, after you know they got your letter, post an update and lets go from there.
thank you very much for answering my question. Would tolling i think its called be used in this situation due to the fact that i was in prison for 8 years
I doubt it, but talk to an attorney in your state with a practice that focuses on debt collection defense to be sure.
Ok will do. One more quick question if i send them a cease letter and they decided to take me to court do they have to come to my state? The state i bought the truck was in tennessee the collections company is out of ohio and i live in montana. Do they have to come to Montana to go to court?
Probably Montana,but talk to that same attorney about this question too. How long have you been there?
Since Oct 2010
I would think Montana.
Hi michael . Thank you so much for all the help you provide with this forum. I have recieved letters from local attorneys saying i have been sued from american express centurion bank. They included a case number. Also a friend of mine called me to say someone have been asking for me in my last adress with some papers in hands. . This account is 7 years old and i have not made payments or talk with them for 7 years. In fact the account have been erased from my credit report. I spoke with several consumers lawyers today . One of them tell me they can use the statue of limitation That shows in the contract i have with american express. I live in florida the contract say they go by the laws in the state of utah. . Utah have longer SOL but even there the open acounts are 4 years and closed 6 years. So i believe they have no time to sue me. How should i handle this with a lawyer or myself? . Several consumer lawyer in my city are trying to made me file for bankruptcy. I don’t agree. Can you recomend me a lawyer in miami fl? Thank you. Alex
I will email you some attorney contact details that cover the whole state. Let me know how things go.
Need urgent help!. In 2003-2004 had a credit card debt with orchard bank. Made arrangements to pay at office in Queens,NY. Paid in full!! Around 2010 and again in 2013 started sending letters/collection letters again. A free attorney on line sent MIDLAND LLC a letter in reference to SOL. Just recently received a class action settlement card,stating I’m liable for same debt. From another debt collector. This issue is now 13 years old. Please call any day after 10am. [edit: removed phone number] as soon as possible. Trying to get over the passing of my Stepmother 3 weeks ago.. Please get these people out of my Life!!. REMINDER 13 year old debt. PLEASE CALL/Need Free HELP. Ms. Motley
Thank you so much. God Bless You
I would suggest sending a cease communication letter to any debt collector trying to get you to pay a debt this old. Use certified mail to be sure they got it.
If the same debt collector writes or calls you after that, post an update and lets go from there.
How do U address this letter?. I’ve never done one. The free online attorney did it for me in 2014-15. My other cell phone broke with all the info on it. I think the name that sent the card about the class action suit was Sykes & Sykes LLC, But I never sent the card back to them! I got it about 2-3 weeks. People are telling me these new people bought it out from Midland LLC. The attorney, that answered to Midland LLC told me to let them know if they bothered me again. Here they are again this is from 2003-4. Can something be done now a 2nd time. I am really fed up with this. I’m truly pissed. I’m tired, just lost Our Mother. This is way over the TOP. THEY owe me with all this aggravation!! PLEASE FORGIVE ME..
It does not appear to be Midland trying to collect, so you typically have to look at this as starting over with a new debt collection agency.
The cease communication letter is as simple as identifying yourself clearly (name, address, phone). Identify the debt at issue using any internal numbers they used. Include a clear statement like “Do not contact me about this debt in any way ever again. I want all communication to cease”. Sign and date it. Send certified mail.
You can use the CFPB letter titled “Wants the debt collector to cease any and all contact” found on this page: https://consumerrecoverynetwork.com/question/aes-student-loan-debt-collector/
hi my mom had a credit card back i think it was 2000 any way we lived in KY at the time but moved now we live in IL but my mom got a call from a collector but he side he was an attorney well now we live in Chester IL 62233 and he says my mom well have to go to court if she dose not pay it up i am just wandering if it is past the SOL in KY she was told it was 15 years when everywere i have read it is 5 years she is in grate need of help she is in bad health and can not take the stress of this problem.
mark – When did you move to Illinois? The SOL in IL may be the one that applies. Can your mom remember when she last made a payment on the account in question? If so, when was that?
Who is the debt collector trying to get her to pay and threatening a court action? Who was the original creditor?
Post a comment reply to my above questions and I can provide better feedback that will likely remove the stress you mom is feeling about this.
she had the credit card in KY but they are tring to get her now and her health is not so good now and it is to hard on her i don’t know what there name is but i think the SOL is long past but i don’t know i do know if it is a credit card the SOL is 5 years because it is classed as an open contract.
and we moved to IL in 2001 2001 if i remember right.
I live in Jasper, TX 75951. I was contacted by a debt collector in California ( I have never lived in California) for an outstanding acount with Citibank. If I owned this card it had to be back in 2001 (only time I ever owned a credit card), I resolved all my accounts and dont believe this is my debt. They have contacted me through my employer and are prepared to take me to court and garnish my wages. I requested last recorded activity; they stated 7/2007. I know this is not legitamate, as I didn’t have a credit card then and no record of this appeared on my 2008 credit report. They want to find me to serve me papers to appear in court. I cannot afford to appear in court in California. I contacted the attorney who is trying to serve me advising I have no record of every owning this debt. My oldest copy of my credit report is 2008 and this dept does not appear. What rights do I have and how do I resolve this matter? I dont want to settle this account ($3600); even for $500, because I am affaid any activity will initiate a hit on my credit report; which is perfect. I want it to go away. If I assume responsibility, I assume the dept and the damaged credit report.
Hi Lndsay,
Several things jump out at me given the detail you provided:
If the debt was yours and you last made a payment in 2001 the debt would be beyond the 7.5 years for legitimately reporting it on your credit report.
If the debt is yours and you last made a payment in 2001 then the debt would also appear to be outside the statute of limitations for them to legitimately use the courts in their collection efforts. A collection agency or collection attorney could file a lawsuit to collect this far down the road, but your response would be that the debt is now time barred from bringing a civil claim. You should speak with an attorney to understand this more fully.
Can you respond with another comment and outline how the collection attorney is contacting you through your employer?
What threats of garnishment have occurred?
What was the nature of the communication shared with your employer? Was it a letter that was sent to your job, or a phone call?
Who is the collection attorney?
Who is the debt collector or debt buyer they are collecting on behalf of?
If you are worried about your credit report, settling an account that went bad on your credit report does not allow a whole new 7 years of credit reporting. The 7 years starts from the date you last made a regular payment.
Depending on the answers you have to the questions above, I may recommend you contact an experienced attorney in Texas about your rights when it comes to collection abuse.