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
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.
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, and is a regular contributor to several personal finance websites.
I had a private student loan debt that was in collections 5 years ago. I disputed it with all 3 credit bureaus and won it has since been completely removed from my credit report as if it never existed. Just recently I have received a letter from a collection agency regarding this loan. I live in Pennsylvania but I required this loan at a college in West Virginia. Not sure how to respond to this agency.
Hello , I was recently contacted regarding a 1300 dollar debt from 19 years ago They left a voicemail claiming the clerk needed to validate my address so they may have my signature. For legal action. To be honest I don’t remember the debt . I do t recall receiving any notices. I called them back and I asked how old was this debt . She explained it was from 1999. I said 19 years ? I don’t remember having this account 19 years ago. I then stated Isn’t that past the SOL ? She responded with something about a “towing” law that allows them to collect . I asked for her to send more documentation. I finally received a letter and it’s basically a collection letter . I am replying via a certified letter to validate the debt (letter I found of the web to dispute old debts ) . The letter I received did not include any additional information. Other than them trying to set up a payment plan. I checked my credit and have no collections listed . Have you heard of a “towing ” law ?
I received a call last September stating I owed USBank for overdraft fees for an account that was closed back in 2007. I closed the account then and never received any letters stating I owed them. I have lived in the same home since 2008. Never received anything in the mail. Today I received a call from another attorneys office stating I have a pending lawsuit and they were going to serve me with papers. He said the charge off date was from 2014. But the account was closed in 2007. Is it still legal.
It sounds like a debt collector scam to me Bradley.
I lived in Hawaii from 1999-2001 when I incurred the debt and defaulted (SOL 6 years) then moved to Texas from 2011-2004 and now I live in Florida. Received a phone call and they threatened legal action. Has the statutes of limitation passed in this situation?
Way passed the SOL to sue or credit report.
The threat of legal action, when none can legitimately be taken, may be a violation of your rights.
You may want to talk to an experienced debt collection consumer law attorney in your state about options you have that may be worth pursuing.
About 4 years ago I was sued by a debt collection agency. Due to the “lack of standing” the judge ordered that I was not responsible for the debt. Several months ago I began receiving letters from a different collection agency concerning the same account. I wrote a letter, sent a copy of the court documents as well as where they could find the original documents if necessary. They still won’t leave me alone. What other steps do I need to take so they realize they were sold a resolved account from another agency?
Who are the collection agencies or debt buyers involved?
I do not see too many judges dismiss a collection lawsuit where they clearly and unmistakably write in the order that you are not responsible for the debt.
I just saw the video, thanks how do I find out if my debt case previously went to court and a judgement was made? Also if I check my credit report and neither creditors are on my report,I send the new bill collecter a cease communication letter.Is this right? Because I’m stressing over this..
You could search the civil court records in any counties you lived in for this period of time. You can also call the collector and ask if there is an existing judgment, and if so, in what court, where you can then go look it up.
I typically recommend sending a cease communication letter on zombie debt. Here is a really good resource for identifying your rights and needs when dealing with debt collectors.
Hello again Mr Bovee, well I did as you suggested, I pulled my credit report from 2 sites Experian and Equifax, the 3rd was down for some reason we couldn’t login? But the printout say I currently have no collections in my file, currently no bankruptcies, no judgements and no liens. I do have a soft inquiry from Asset recovery associates on 1/26/17 that’s also the day they called and harassed me at work saying they were bringing the sheriff to my job to arrest me on Friday The 27th. They never showed up. What should I do? I’m sorry for bothering you but your the only person that has any knowledge that can help me. God bless.
If they are collecting on a judgment debt, it may be too old (7 years) to appear on your credit reports, but still valid. I would look up your name in the county court house and see if you can find where you were sued for collection. You could also request debt validation from Asset Recovery Associates.
I’m from California.I received a collection letter, from ARR collection in Villa park Illinois stating I owed another credit company a $20,000 + debt ,and this company purchased the debt? The last time I made a payment on the original debt from the original creditor was in 2003,I went to prison in 2004,I was released in 2007, and this year is 2017
Was there ever a judgment entered in court for the debt?
I never even went to prison for that,I was in a car accident and killed a man (vehicular manslaughter), that’s why I failed to make my credit card, payments.this is the first time I’ve personally received a letter addressed to me.14yrs later.should I write them a cease communication letter.,I haven’t contacted them yet.
I understand that. I want to know if there was ever a judgment on the debt because that is likely the only way the debt has legs. If there was no judgment to date, this is likely zombie debt (watch that video). And in that case, I would send a cease communication letter certified mail if it were me.
But if this was already a judgment, it can be renewed, and sometimes over and over, and will still have to be dealt with.
How many people get sucked into the wanting to make good on their part debts but in the end, only end up hurting themselves more or again?
Fewer than you would think. Late stage debt collection has an extremely low margin of success.
I just got a call from a collection agency for a debt that was from 2009. I am currently trying to get my credit in order to purchase a home. I know this debt was still on my report but i also dealt with a lot of past debt from my past amd wasnt sure if this was really one i had already took care of. I told the lady that i fealt this had already been addressed and that i wanted a break down of the debt in writing but In an attempt to make good on my credit report figured I should attempt to settle the debt. I agreed to a payment not to come out until 2/10/17 so I could try to find my info showing it was settled. I looked through my stuff and it wasn’t settled but this debt is scheduled to come off my report in April 2017. I immediately called cancelled my payment and told them I did not authorize anything regarding this account. Did I just reset the time of this account being on my credit report? I’m freaking out thinking I just screwed myself by trying to do good by my past debtS. Please help.
Who is the collection agency and creditor you are dealing with?
My best friend of 50+ years tells me that a collection agency contacted his wife about a $3,000.00 debt from 1999. My friend is not sure if the debt was his his wife’s or both. There had been no action or contact for over 10 years. My friend received a certified letter demanding a the payment of $10,000.00 for the original loan cost and interest. The letter stated that the collection agency would start a garnishment against the wife’s wages and report the debt to the credit bureaus. The wife contacted the collecting agency to dispute the debt. After numerous threating letters and telephone calls my friend gave in and started making monthly payments of $200.00. What’s very upsetting to me is that they are paying $200.00 per month on a demand of $10,000.00. From what I have read it’s my understanding that the SOL has been reset since a payment was made. What’s confusing to me is that if the SOL has run its course. In New York the SOL is 6 years. One would think that if the SOL ended after 6 years collection agency’s cannot come after you. It appears that this is not the case. Did my friend re-set the SOL by making a payment 18 years later? It would make sense that the SOL clock would re-set if an agreement or payment was made during the 6 year SOL period but not 18 years later. Since a total of 3 payments have been made can the collection agency notify the credit bureaus about this debt? If my friend were to stop paying because she cannot afford the $10,000 can the collection agency file a court action? If payments are stopped can the collection agency have negative information placed with the credit reporting agencies? My dear friends have no idea that I am writing about this. My dear friend of 50+ years is totally disabled because of cancer. His wife only works part time earning just $200 per week. It’s very difficult paying a $10k debt $200 per month on a salary of $200 per week and a monthly Social Security check. Any advice is greatly appreciated and I thank you in advance.
George C.
If it were me I would file a debt collection complaint with the CFPB. They were tricked and deceived into paying, so not sure the reset of the SOL would stick.
I received additional information from my friend today. It was not a collection agency that sent a letter to my friend. The letter was from a marshal in New York. It was a NOTICE OF GARNISHMENT. The notice stated that a judgment has been entered against the above named debtor. It read as follows: Judgment Creditor, Capital One Bank, AAO Citibank vs Donna Doe. (It listed my friends true last name) Judgment Debtor ( I put Donna Doe.) The notice is dated December 5, 2016. The notice also stated, IN ADDITION, INTEREST FROM 12/05/16 will be calcite don a daily Dasia’s. You will be notified of the final balance due when your payments approach completion.
JUDGMENT……………………………………………… $4,312.17
STATUTORY MARSHAL FEES………………..$0.00
POUNDAGE…………………………………………………$453.65
EXPENSES…………………………………………………………$7.30
INTEREST……………………………………………………$4,753.57
TOTAL………………………………………………………….$9,526.69
The notice states that all payments should be marked with your name and this docket number: G12311 and payable to Marshal Stephen W. Biegel.
I could be wrong but I don’t believe the docket number is really a court docket number. The number G12311 appears to be a short number for a court docket number. I believe docketbnumbers usually contain date.
Any advice as to what my dear friend and his wife can do at this point? I mentioned before that 2 payments in the amount of $200.00!each have been made.
Thank you and advance for your knowledge and advice.
George C.
Connect your friends with an experienced debt collection defense attorney in New York. I can email you several dozen with the experience you need if you like?
Thank you for the advice. Please email the names of debt collection attorneys.
I wrote you just a few minutes ago about my friend of 50+ years. I forgot to state that the debt is in New York.
I have read many comments on your website where you had given good advice to many people now I’m hoping you can give me some good advice
I have a very dear friend of 50+years. My fried had taken out a loan for $3,000.00 back in 1999 18 years ago. A few months ago a collection agency contacted my friend demanding payment of $10,000.00 for the original loan interest and other cost. I only learned of this today. My first reaction was to tell my friend that I believe that may be a statue of limitation on collecting a debt that old. I explained that I had heard years ago that so long as no payment was made the they may not be able to collect. My friend said that due to repeated calls and letters and threats of having his wages garnished he decided start paying $200 per month. My fried has excellent credit and was afraid that the credit bureaus would be notified and his credit would be ruined. Am I correct that the SOL clock has started again since three $200.00 payments were made? Most important, can the collection agency notify the three credit bureau’s on a debt that is 18 years old? A better question would be can the collection agency now notify the credit bureau’s on this 18 year old debt since payments were recently made? Can the collection agency bring a court action since payments were made 18 years later? Any idea as to what would happen if my friend stoped paying at this time?
Thank you in advance for any help you may provide.
Talk things over with an experienced debt collection defense attorney in your state. A debt this old was likely passed the SOL to sue and for credit reporting. Nothing can legitimately restart the credit reporting, but payments can reset the SOL in many states. But my concern is that your friend could be dealing with a scam debt collector.
Thank you for your response I too thought it might be a scam collection agency.
Hi,
I had a voluntary vehicle repossession in March 2008 from citibank. Yesterday I received a local call from a law firm about de $17k debt. They wanted to set up payments and I declined, then the asked for my mailing address and said they’ll submit my file as refusal to pay. Can they come after me almost 9 years later? (I live in Arizona).
Check out this video about how debt collectors use pressure words and phrases to get you to pay. Refusal to pay is one of my favorites and I cover it in the video.
Just to be sure, were you sued on this debt in the past?
No, I was not sued, and a couple of years ago I hired Lexington Law Firm to clean up my credit from old accounts and such, and this account was not showing in my credit report. Last year I only had 4 collections and they were all under $200.
The SOL in Arizona is 6 years from when you stopped paying. If they file in the court your defense is will be simple (and you do have to respond to the suit).
Thank you so much!
If they sue (I hope they don’t), I will share that information in here as well.
Hello,
I appreciate your time. Recently I received a call from a a guy at xps. Not sure how he got my work number but he told me that sprint pcs has filed a lawsuit against me for cell phone charges. I never heard of nor owned the account. I don’t have the money for an attorney up front for several reasons but I need help. I can hardly sleep at night because of this. It’s either a scam or someone stole my identity. I filed a complaint with the ftc but have yet to receive a response. Thank you for any help that you can provide.
Have you checked your credit reports to see if anything is amiss? You can pull your credit for free once every 12 months from this site http://www.annualcreditreport.com
You will also what to review this page about debt collection scams.
Thank you. I will certainly do both of those things today. I pray that it’s a scam.
Hi,
I have a hispanic employee ( of about 20 years), who has had his wages garnished. I am witholding 25% of his weekly pay. The situation is he claims he doesn’t owe the debt (which after I contacted the collection agency that got the court order) is actually 2 debts – one for about $5,000 for a supposed furniture debt and another for about $13,000 for credit card debt. According to my employee, he only had a credit card for about 2 weeks, years ago, paid it off and never has had another credit card. He did purchase furniture years ago at the furniture store, one of the receipts stated PAID. The bottom line is I feel sorry for him. I believe he is the victim of identity theft and when the collections agency took him to court, he ignored it! This was back in March of 2013. I said at the beginning he is Hispanic because I believe that plays into his ignoring the court summons. Back about 6 or so years ago, there was another person in our town with the same name who also assumed his identity (by claiming my employee’s residence was his, etc.) He dealt with that right away, with my help and was able to get the business man to admit my employee wasn’t the same person that owed him money! Do you have any ideas that could help him?
Where are you located? I will email you some Spanish speaking legal resources you can connect him with.
Hi there. I had a situation that left me behind on payments on a truck I had back in 2011. Bank of america was the lender. I was behind a 2 months then made a payment so then I was only behind a month. Two weeks after that payment they took the truck …. I tried to settle with them … and we couldn’t find a payment icpuld afford… they sent me to collections I tried to settle with them but they would. Ot take anything less than $5,ooo… I ceased contact with them as I just couldn’t afford that. Flash forward to 2016 The account has been closed off on my credit report now for a while … bank of America called me today trying to collect the debt of the truck and for even more money than before ….. not sure what to do … I’m in California
They cannot sue passed 4 years in California. If it has come off your credit reports, there is little left to compel you to pay anything, let alone the inflated amount.
Make sure and confirm the last time you paid anything on this was more than 4 years ago.
Knowing all of this, are you still motivated to settle this old debt with Bank of America?
Someone just called for a credit card debt that was made 2002.I live in Tennessee.
Did you get any additional information from the collector?
Yes it was for a MasterCard.They want me to start paying.
What bank though?
I would not start paying on an account from 14 years ago.
Ok I got a phone call saying they were summing to court for a bill that is 17 yrs ago can they do that.
Check out my article about debt collection scams. It is highly likely that is what you are dealing with.
I have an old debt that I co signed with my Ex husband past the SOL just now showing up on my credit report. I have tried to contact the credit agencies which did not remove them from my credit score. Also, it is listed in the Divorce Decree that he is responsible for the account. What actions should I take? My Ex husband has already made one payment to the new collectors. I did call the original account owners who informed me that it had been sold.
Who is the collection company involved now? What credit or finance goals do you have in the immediate future? How long ago was it that the regular monthly payments were stopped to the original creditor?
Hi. I just received a call from a collection agency regarding a past credit card debt. I was able to get this debt taken off my credit report a couple years ago but reappeared a few months ago, They are trying to settle at half or make monthly payments. They also threatened to file a 1099C with the IRS as this will be considered income. This is quite distressing as I had the impression that they can’t take action when the debt is 10 + years old.
I would appreciate your feedback
Thanks
Laura
Who is the collection agency?
What state are you in?
Are you certain the last time you paid anything was more than 10 years ago? And if you are, I would immediately file disputes with the credit bureaus about this debt being too old to be on there.
Old credit card from 2003…getting calls from a company threatening to take to court. Is this legal? Haven’t received anything other than 2 phone calls.
It sounds like it is a zombie debt. You may be dealing with a debt collection scam. Read that article for some options.
I’m not sure that I have this old debt with HSBC.
I have two collection agency contacting me about HSBC accounts two different amounts. One company provided me with an account number the other gave me an eight digit number. Neither matched. How do you get old account information if you want to resolve this debt?
None of these accounts are on my credit report.
Did you ever have some debts that went unpaid? If not, have you ever confirmed you were a victim of identity theft?
A company is claiming that an old checking account from 2006 is the source of a pending lawsuit. I have asked for them to verify the debt, but they insist I verify the debt with Wachovia (now Wells Fargo). If I don’t pay, then they say they will send it to litigation.
I have received no written notice from the company. Only a phone call that I returned to start this nightmare.
I live in Atlanta, Georgia, and I have been a resident of Georgia my entire life. They claim tolling now allows them to tack on an additional 10 years beyond the SOL.
Any advice?
This has the hallmarks of a scam. The tolling comment is sophisticated, no doubt, but not accurate.
They are called allied financial solutions from irvine ca.but i dont see nothing about them online just scams.
And you did not provide them with any bank account or other payment information?
I gave them my debit card# but i cancelled it from my bank as lost or stolen.
What if i signed the email they gave me? Feeling really dumb.
Are you talking about a read receipt or an esign document? Post more of the details of your situation.
They sent me a esign cuz i owed a debt back in 2003 but they want triple the money they said they want to file a lawsuit, i called the client and i dont owe them anymore.
I have a collection agency that has called my father in-law and my mom saying I owe an outstanding debt to Sprint from 2001, it is now 2016. The thing is I did not even have a cell phone in 2001. I do have a current plan with Sprint and have been with them for nearly 8 years now and they have never once tried billing me for a party account or contacted me in any way. My account with Sprint is current and paid, so I don’t understand where this collection agency is getting that I had an account in 2001 or how they got my father in-laws number, who I didn’t even know until 2006 or my moms number. If they’re working on behalf of Sprint, they should have all my current info, phone number, address, etc…and not be contacting and harrasing my family members.
It is likely a scam. Do you have the collection agency name and contact details you can post?
Hi. I had a vehicle repossessed in 2003 in California. In March of 2010, while living in Hawaii, I was harassed and fell for scare tactics and made one payment to a collection company. I realize this restarted the statute of limitations. I am now back living in California and received a call from another company saying they represent the collections company I made the payment to in 2010. This happened yesterday 9/19/16. Seeing as this is past SOL for both California and Hawaii in regards to March, 2010 should I be in the clear? I told them on the phone that I lived in Hawaii in 2010 but that they had the wrong person and the debt is not mine. He asked if I was back in California and I said yes. He said they would investigate and get back to me. When I said it was not my debt repeatedly he seemed to kind of lose interest. I am trying to gauge the seriousness of this. Any help would be great. Thanks
Oh also he asked if I dispute the debt and I said yes.
It sounds like you are in good enough shape. Double check to see this is not appearing on your credit reports.
Since I am on disability I am paying off my private loan very slowly! But the other I haven’t got a chance to pay for anything for several years, they don’t tell student loans will equal what you make on your first job.
Do you need credit card debit or just any debt including medical bills my last surgery was only 2 years ago so I know that won’t count. But I have much older medical bills from doctors, neurosurgeons, pain management doctors, and places that do scans which I have had many I just got on a site to get my updated equifax paperwork.
Then when I purchased my new car because my other was dying lol I paid off some creditors completely and they promised to completely remove it from my credit report but I had a major anxiety attack when I went to deal with price for my car when I noticed they were still there but I did make them send me letters that I paid the debt in full.
Then one of my old credit cards written off the death finally and a company called ARA called me and said they will file a injunction against me if I don’t pay the debt. I called capital one legal department and they said they didn’t sell it to them but these companies just buy bad unpaid debt like my mine and take them to court even though I am on disability which doesn’t pay enough for living cost they said they would take money out of my disability check. Which seems there should be a law against and teaching seniors in high school should be taught that they will be bombarded by credit cards which is intensifying to young 18 & 19 years old. It’s sad how many people my age are living with their parents again because of this type of situation but at least mine is for medical reasons!
Any debt collector threatening your to garnish your disability is likely running a scam. Read this article for more on what you can do about debt collection scams.
If you are rebuilding your credit after collections and other setbacks, check out this page about resolving unpaid bills to repair your credit.
Hey there, I loved and learned much from your article. I got married right out of high school and as you know credit card offers come in fast and by the truck load. I was dumb and nieve I signed up for many credit cards and my ex husband as the co-signer and when we got divorced 3.5 years later when I caught him cheating with another woman thanks to my friend who called me I went and caught him red handed since I was 6 months pregnant with our son (2 child), I filed for divorce and I wanted all the debit divided evenly since we both used the cards but of course the judge left me with all the debt.
With being a sing mom of two beautiful kids and all the many credit card debits to deal with, his repo truck I purchased him for his birthday when married which he was ordered to pay but didn’t pay and that debit got added on to be as well, and to make things worse I am on disability now after I had 9 lumbar surgeries with more to come and a tumor inside my spinal cord growing larger killing nerves permanently as it continues to grow; which of course adds tons of medical debit which I was always told couldn’t be added to your credit report but that was wrong. Since I went to college and worked as a single mom all on my own I had no extra money. I am sure you can guess that I also now have student loan debt which is not close to 7.5 years and as well as some of my medical debit.
I have been trying for several years now trying to correct and fix my credit score but even though some of the old dedt I paid off and have copies of me doing so they are still on my credit reports which gave me an anxiety attack and made cry because I worked so hard and they promised it would be removed years before I had to purchase a vehicle.
It really bothers me cause the only thing I ever wanted for my children and I is to by our own home, but it doesn’t seem like it will happen ever or until I inherit my parents home when that awful day comes.
If you can give me any advice and some I can contact for help that I so desperately need that lives in Webster, TX or Clear Lake, TX I would really appreciate it and put you in my prays forever!!! I am tired of seeing my cheating ex-husband buy a home, new truck, new gun and safe and separate safe for the ammo, having a child with his new woman before our divorce was final, bringing her in my labor & delivery room which sent me into anxiety attack and stress and my son was born a month and a half early because to stress of catching him red handed with this other woman, and my life besides my wonderful kids and my Dachshunds being crappy and just spiral down and down.
If I can get these 16 year old debits of my credit reports and see my score go up I would just jump for join, not only did I get all the debit but I only get $400 in child support for both Iof my kids and seems like my lawyer should have gone after Alimony and now if I want to pay to take him to court I could get him to pay something because I became disabled.
Thanks In Advance,
Alisa
Please list each old debt that is on your credit reports. Include the date you stopped paying on the account; whether that original creditor is still showing on your credit, or if it is a debt collector; and also the balance owed.
When did you stop paying on your student loans? How many are private and how many federal? What are those balances?
zombie company trying to collect on 13 year old pizza debt of about 20.00$ they just started calling me 2 weeks ago. I told them to kiss my ass so now they said they will turn it over stating refuse to pay.should I be worried or tell them again.
I just posted a video about this little trick debt collectors use when they say you are refusing to pay. Watch that back.
Hunt & Henriques Attorneys At Law 151 Bernal Road , Suite 8 , San Jose , California 95119-1306 ,
Phone : 408-362-2270 .
Did The Following Fraud :
Orchard Bank Card ! This debt was paid in full on 2/17/08 via Account Secure Plus ( card protection insurance ) due to the death of my husband .
A contractor was working on my vacant house and was served a court summons that was filed against me on Dec. 10th 2009 for my bank card that was paid off . There was No court date on that summons and when I called to find out what was going on , that same day ….the court said a judgment was entered on me for failure to show up in court . The hearing was 4 days prior to the summons being handed to my contractor , I never knew or received any notice about any of it and that judgment is still sitting in the court . Apparently no one pays attention to card insurance at all after a card is paid off due to circumstances beyond ones control .
I am 70 and tired of threats by mail , harassment and the phone calls . The above law firm has been dealt with by many attorneys to withdraw illegal judgments against innocent people .
Have you consulted with an experienced debt collection defense attorney about any options?
Have you filed a debt collection complaint with the CFPB?
How can I assure that I will get proper credit for paying money to a debt collector? I have several debts from credit cards because of economic hardship. I want to pay them off and judging by the way things are going it looks like I should be able to. The problem is that debt collectors send me letters with up to a 50% discount on the original debt, but they don’t list which debt they are collecting for. So how do I know they aren’t just making it up. How do I know that they really own the debt and how do I make sure that when I pay them that I will get proper credit for satisfying the debt. I’m afraid that I will pay the debt and then years later some other debt collector will come along and try to collect for the same debt after I paid it.
One thing I forgot to mention is that if I try to contact them I’m afraid I will restart the time for the Statute of Limitations. Obviously these guys know all the tricks. If I try to contact them they will say that I was trying to negotiate with them and therefore restarted the SOL.
Who is the collection agency you are dealing with that is not properly identifying your account?
When did stop paying on these accounts?
What state are you in?
Is there any way to stop the cycle/death loop? I have a zombie debt that I don’t own and no company has ever been able to make good on. It seems they sell me to another bidder every six months and the process of cease and desist letters has to start all over again. They claim the original debt was from 2006, Texas SOL is 4 years, that’s about when the calls and “criminal litigation” threats started. 6 years later I’m still in the death loop. Any suggestions?
Who is the collection agency you are dealing with now?
You may not be dealing with a new agency every 6 months, but a scammer willing to ignore cease communication laws.
I just recieved a phone call from a company called representing Unified Processing Services. The company representing them was calling to verify address as well as work address so they could send me a summons for court on an outstanding debt. When I asked what it was for he said he didn’t know but would give me the number to Unified so I could talk to them directly and gave me a reference number. When I called they stated it was for an account in 2003 with Sprint totaling $1,353.oo I have not had Sprint since February of 2002 when I moved out of the state of Virginia to North Carolina. So here we are 14 years later and they are saying they are taking me to court. When I asked her about the Statue of Limitations she said Sprint had kept the account open and had been trying to contact me for all these years. Which I find hard to believe, unless it was through another collection agency. I asked her to email me the documentation for the charges. I have yet to see any email come to me. She said they could settle the account for $502. I told her if I decided to settle I would not be able to pay it all at one time. She said they could split it into two payments since I had never recieved notification in the mail from them or Sprint. Something doesnt smell right here. Would the SOL be in my favor on this one?
The SOL would certainly apply. I would smell something too. Read my article about scam debt collectors and follow those suggestions that make sense for you.
Hi there, my husband received a call today and texted me the phone number of the debt collector who called him looking for me. I called the number as I’ve paid off anything negative on my credit report and was curious what this was about as my husband was very upset saying I needed to be home within an hour as I was getting served. I called immediately and some guy answered stating he was in the legal office and wanted to know if I was home so they could serve me. I told him no, I’m out of town and he asked where so they can serve me there. I told him, that I want to know what this is all about as I’m not disclosing any of that information until I get more details. He asked me what my ss# was and it matched his records. He stated my name (maiden name) and then my married name plus my husbands name and said I owed Kay Jewlers credit card which I haven’t had in over 12 years. I’m a FL resident and was told years ago it was charged off and showed $0 balance. About 12 years ago an ex stole my credit card(s) and I called the companies to let them know and to see if I needed a police report but was told at that time since he was an authorized user I couldn’t do anything because technically he was authorized. Long story short, he was a liar and a thief I was 19-20 and broke up with him after all of this. I found out later he was in jail for similar things and had a 10 page wrap sheet. Anyway, I proceeded to explain this to the guy from the collection agency and he just kept interrupting me and said I need to pay or return the merchandise!!?? I told him that I did not make the purchase and I don’t have the merchandise and have no idea what was bought. I asked him not to call my husbands number as this has nothing to do with him as we have only been married 2 years. I told him he is in the military in training and can’t be bothered with these calls. He had an attitude and said yeah and if he doesn’t pay and we sue he will be discharged dishonorably. That made me furious and I wasn’t even able to let him know I haven’t been able to work over 1.5 years due to disability and don’t have income as I’m waiting on the courts. He hung up before I mentioned that. It was maybe a $500 credit card but said I owed $3,000. That’s hard to believe.
Can my husband be responsible for this? Can he make that kind of ungrateful threat about him being discharged? My poor husband is already footing the bill for everything now and we can’t afford to pay $3,000 and especially on something I didn’t charge which I know, unfortunately, supposedly I’m responsible for since I was the primary card holder. I was so upset my blood pressure shot sky high and my husband is worried sick that his career could be in jeopardy and I could go to jail (served) that was his words but he over reacts at times.
The CC was opened in Florida and we are FL residents.
I plan on calling back tomorrow and ask to speak to someone different. Will me being unemployed and in the middle of filing disability help them put things off? If it goes to court and a judge sees my past=clean vs my ex of many moons ago and see he’s s con artist, wouldn’t that count for something? I’m the victim here. I had the card paid off, he knew it, stole the card and charged God knows on it.
If this is for FL and the last payment was over 9-12 years ago can they still sue me? I don’t care about calls, those can be ignored but I’m terribly scared of going to court. Why would my husband be involved when he didn’t even know I existed back then? I hope you can help me as all this is new for me and I’m already dealing with health issues. I just want some piece of mind and some light shed on the subject. Thank you.
You and your husband will want to read my post about dealing with debt collection scams. You are being victimized. I would encourage you to follow all of the steps I outline in that article. And I would not take any threat seriously moving forward.
My son had borrowed money from CheckandGo in Alabama in 2010 400.00. He could not pay it so I paid an amount around 550.00 in 2010 at checkandgo. He got a call out of the blue yesterday from a collection agency saying he owed 1700.00 but would take 500.00. I called them and they were brutal and rude. I was check Alabama sol and it is 3 years. He has NEVER received even any mail since 2010. What should he do?
What is the name of the collection agency you are dealing with?
MCM sold my debt to another collection agency. Per my credit report the date opened was 9/1/2009 and as of October 2015, it has fallen off. I’m in Arizona and the SOL is 6 years. on the letter the new collections agency sent me,it states, “The law limits how long you can be sued on a debt. Because of the age of your debt, our client will not sue you for it.” Even when MCM was sending me collection letters, they said, “The law limits how long you can be sued on a debt. Because of the age of your debt, our client will not sue you for it, we will not report it to any credit agency, and payment or non-payment of the debt will not affect your credit score.” I just checked my credit report and nothing has shown up. However, I did start to make payments on it last year but the collection letter still states I won’t be sued. And I believe it can’t be put back onto my credit report correct? Did I just restart the SOL? They keep calling me on this trying to collect. Should I just leave this alone?
If you started making payments on the old collection account that had passed the SOL to legitimately sue, you could indeed have restarted the SOL to sue. And if that is the case I would not ignore this.
Your payment would not restart any credit reporting limits, so you are good there.
I have received a demand for payment and have 60-days to go before this debt falls under the statute of limitations. What is the wisest choice for me? Start asking a bunch of questions to validate the debt, or let it quietly sit.
Who is it that is trying to collect? If it is not someone known to sue I would sit. If it is someone who regularly sues in your courts I might look to an administrative time drag like requesting validation.
Greetings Michael,
I have a credit card debt that is past the California sol. If I send the debt geek (MCM) a cease communication letter, is there any benefit or detriment to telling them in that letter that the account is beyond the sol for CA? Is that an acknowledgement of the debt so they could potentially try to reset the sol? The debt is over a year past the sol at this point.
Hope you had a great holiday!
Thanks.
Midland Credit is typically going to know that your account is outside of the SOL to sue you. But point out the expired SOL in your cease communication should not hurt you or reset the SOL. Just be sure you are sending a general cease communication notice, and not some mumbo jumbo letter that includes anything but the fact you would like all communication to stop. Send certified mail and keep a copy for your records.
If you are thinking of going for any home loan financing between now and when Midland Funding will drop from your credit reports, you may want to rethink your current approach.
As with anything where you are concerned about your legal rights, contact an in state attorney for a consultation (talk to one with debt defense experience).
Hello.
I have a debt for dillards that is NOT on my credit report. It has fallen off about 3 years ago. However, someone at Thomas and associates in California has now brought the debt. They are now calling multiple family members.
How do I get them to stop calling my family members and leave me alone as this debt is not even on my credit report???
Call 866-393-5918 and talk to an experienced debt collection violation attorney in California for free. Find out what they recommend and post an update.
Hi Michael,
I went to school for a Graduate Degree – MBA in San Jose, CA. I started in Jan 2013 and left the school around 1st Sept 2013 after taking a semester break.. I paid all my fees in full when I was attending classes. Since it was getting expensive to travel to San Jose, CA (I was living in Atlanta, GA at that time). The school stuck a $200 technology fee + $50 Registration fees on 12/06/2013 even when I didn’t Add/Drop any classes. Since two years, they have been contacting me via email or mail. Recently, they sent a letter asking me to either pay up or they will leave a derogatory remark on my credit report. Can they do that even though I didn’t attend school? Can I sue them for harassment? My current status is that I’m on H1B Visa and my green card process is under way.
Are you saying the fees the school is assessing are bogus to start with? Have you ever disputed the debt or fees with the school in writing or verbally?
Hi Michael,
I recently received a collection notice for an account that I believe belonged to my ex wife before we were married. The notice is addressed to me. The amount owed is around $3500. I check all 3 of my credit reports every year and have never seen this account listed at all, let alone as delinquent. On the notice I received, the creditor is listed as lvnv funding, the original creditor was listed as citibank/sears, and the notice is from first national collection bureau. The notice says due to the age of the account, they cannot sue for the debt and the creditor (lvnv funding) will not report it to any credit reporting agency. I believe my ex wife stopped paying on the account in 2006, and we were divorced in 2007, so I think the debt would have been past the 7 1/2 year mark anyway. Hopefully this is enough background info for my question. My question is, can this now be reported against my credit by first national collection bureau? Should I write a letter disputing the debt, should I ignore it since it’s so aged? My most recent credit reports from this past weekend don’t have a any delinquencies or judgements listed, and I would really like to keep it that way. Any advice would be greatly appreciated. Thank you.
Kris
A debt this old is likely passed the SOL to sue in order to collect, and also too dated to legitimately appear on someones credit reports. The fact that the debt at issue was never yours to begin with makes all of this doubly so.
If First National Collection Bureau were to show on your credit reports post an update and lets go from there.
You could send them a cease communication letter and also let them know they are contacting the wrong person about the debt, it is not yours. If you do decide to send a letter to FNCB sent it certified and keep a copy of everything for your records. If they respond to your letter in anyway post an update.
I had a vehicle repossessed in Jan 2008 and subsequently sold at auction in Mar 2008, leaving a balance of almost $6000. I initially got a bill and did not have the money. I recall receiving phone calls and a letter from a collections agency…then nothing I have lived at the same address the entire time and have heard nothing. Then out of nowhere I received a summons dated August 2015 stating a judgement will be made against me if I do not respond. I’m wondering what my options are? I have heard nothing and honestly had forgotten about it. I have bought vehicles since that time and didn’t even realize it was still on my credit score. I’m trying to clean up my credit and really don’t have the money to pay off this debt, but do not want a judgement against me. If I ask for a settlement, are there payment options or is it dependent on the company summoning me? Can I ignore it since it’s outside of 7 years?
What state do you live in? What is the name of the plaintiff that is suing you?
The repossession may have happened long enough ago that the lawsuit can be dismissed for having passed the statute of limitations to legitimately sue for collection. You do have to formally put this in front of the court by filing an answer and raising that defense.
I have been served a summons for a Chase credit card that has been passed the SOL. In my state the SOL is 6 years. The collection attorney’s office has mailed me paperwork stating that I paid in 2011 but my credit report is stating that the last payment received was 2009. I have since filed a response with the court and also mailed a letter to the collections attorney. This has obviously been a case of re-aging. What is my next step prior to going to court to avoid this suit?
The suit is active so there is nothing to do to avoid it. It will be up to the debt collection attorney to prove the debt is not time barred. You will want to stay on top of this. Have you consulted with your own attorney?
Who is the plaintiff and who is the collection law firm handling the case?
Hi Michael. I’m just curious about something and hopefully you might be able to enlighten a friend and me a little. My friend had a debt with a credit card company and they sold it to collector. It has since passed beyond the 4 year statute of limitations in our state. She noticed on all the requests the collector sent after the sol had passed had the statement ” The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it.” Now today she has received yet another request for payment from the same collector for this same account and this statement is missing. We are just wondering, can you think of any reason why it might have been omitted on this latest request?
Thanks for all your information and your time to freely share it. It is a blessing to us in the general public to have a source of knowledge and information that we can trust.
There are many reasons I can come up with for that disclosure to missing on the second collection letter. Here are a few:
The disclosure was never required in your state, and that was figured out and deleted from the follow up letter.
A bulk mailing glitch.
Human programming error.
A recent court decision that caused the collector to change its letter and collection notice practices.
Who is the debt collector? What state are you in? Was there any communication with the collector between letters they sent?
I thought I sent you a response a couple of days ago but apparently it didn’t go through for some reason. Sorry about that. The collector is MCM, California and no communication ever with them.
Thanks!
California has a newer law, the Fair Debt Buying Practices Act. The Act applies to debts purchased after January 1st 2014. I cover some of the major highlights of the FDBPA on another site: credit.com/2013/11/new-debt-collection-law-means-for-you-71019/.
The relevant sections of California’s law read as follows:
(2) When collecting on a time-barred debt where the debt is not
past the date for obsolescence provided for in Section 605(a) of the
federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681c):
“The law limits how long you can be sued on a debt. Because of the
age of your debt, we will not sue you for it. If you do not pay the
debt, [insert name of debt buyer] may [continue to] report it to the
credit reporting agencies as unpaid for as long as the law permits
this reporting.”
(3) When collecting on a time-barred debt where the debt is past
the date for obsolescence provided for in Section 605(a) of the
federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681c):
“The law limits how long you can be sued on a debt. Because of the
age of your debt, we will not sue you for it, and we will not report
it to any credit reporting agency.”
This is pure speculation, but it is possible the Midland Credit Management started out with the disclosure on debts purchased prior to 1/1/14 with an abundance of caution, and later decided pre 2014 portfolio purchases did not require it, or developments in your state since enactment suggested the disclosure was something they could leave off.
What is the goal for this account?
I have a credit card dating back to 2000 (a citibank mastercard) and I had an unspecified amount of money left on it when I moved to England 10 years ago. I have recently been contacted by A L & Associates (debt collection agency?), who rang my brother and told him to tell me to ring them saying I need to pay $5000 to settle with the credit card company for the unpaid debt. As this is 10 over years old, am I still liable to pay it? I know the unpaid amount was no where near $5000 when I moved but I’m not quite sure how much was on it. They say I have a court summons regarding the debt…. Am I legally responsible to pay this debt after 10 years? I know that this company bought this debt from the credit card company. Any advice would be greatly received, thanks.
It is not as much a question of if you are legally responsible for a debt after 10 years of nonpayment as much as there is little debt collectors can do to force collection through legal channels after so long.
The threats of suing you now are a concern to me. I now suspect you may be dealing with a debt collection scam. Read that article and get a good sense of why I suspect that, and some things you can consider doing from here.
Hi, thanks for that. I just phoned the court house in the county where I lived in tx, and they don’t have any record of a court summons for me… does that mean this IS a scam? The company who contacted me is based in California, they couldn’t have a summons there could they? However, if its genuine, could they sue me when I’m not living in the country? I have an email they sent me with, a contract they want me to sign saying I’ll pay $5000 as a settlement, its done with ‘docusign’. Thanks for all your help, I’ll pay if its real but if not, no thanks!
Read that scam article I linked to in my above comment and tell me if any of that sounds familiar.
The docusign bit is not typically something I see with a scammer, but they are getting more sophisticated.
Hi Michael, yes some of it does sound familiar, we were doubting there legitimacy pretty much from the beginning… they told my brother I could have problems getting back into America or even problems at the UK embassy… when I confronted them on this, they backtracked their statement. Also, they had a sense of urgency about them and wanted me to agree to some sort of payment straight away and said if I didn’t pay, I would be summond to court and my credit rating would be affected, but if I paid straight away it would be cleared from my credit report. Also, they have a couple of different addresses (one is actually listed as a post office in CA) and you can’t find them on Google, they gave me their website which is very basic… https://www.abel-lyonn.com/ the website name doesn’t match the company name of ‘A L & Associates’ I don’t know if all these things add up or not, but they did call me tonight, in England at 11.30 pm :/ thanks again
It all adds up to appear as a scam to me.
Hi Michael. We are still getting phone calls, and they keep offering us reduced amounts to settle the debt. They have now told us that it is about to pass the statue of limitations, and that a payment had been made 6 years ago (that we never made, and have no record of being made). I have asked them to prove chain of debt, and they said that they weren’t allowed to. Is there anything we can ask them that they can give us to prove their ownership/ legitimacy of the debt. Thank you for your help
File complaints with the CFPB. Next time they call let them know you filed the complaints and that you will wait to hear back from the CFPB about how they responded.
How long after the statute of limitations expires until a debt is considered “zombie” debt and how long are they allowed to continue to try to collect? I have an account that passed the sol more than 6 months ago and the company that bought the debt is starting to call me again on it.
Zombie debt is generally understood to be collection accounts that are passed the SOL to legitimately sue you for collection in your state, and that can no longer appear on your credit reports.
The SOL to sue in court varies by state. What state are you in? What type of debt is it that you are dealing with (credit card, personal loan, deficiency balance from a repo, etc)?
There is no hard stop date limit that causes a debt to disappear like you may be thinking. Debts passed the SOL to sue, or to appear on your credit reports, can still be collected. Debt collectors can still call you and send letters. But you can put a stop to that.
it’s in CA and it is credit card debt. Are you referring to a cease communication letter to stop them calling/contacting me regarding the debt? If I do that, won’t they most likely just sell the debt to someone else and I have to start dealing with it all over again? Do you have a good source for a cease communication letter format?
Thx
The SOL to sue legitimately in California is 4 years. Credit reporting limitations are for 7 and one half years starting from when you stopped paying the account.
I would not say it is most likely that your account is resold after you send a cease communication letter, but it certainly can and does happen. You will want to send additional cease communication letters if that happens.
There really is no need for a template letter. You simply write to the debt collector using certified mail and say “I am requesting you cease any and all forms of communication with me”. Anything much more than that is overdoing it. Make sure you identify yourself and the debt at issue clearly in the letter.
also one last thing…if the SOL has expired, in CA, is there any chance that anything I say or do could restart the SOL?
In some instances a written acknowledgment of the debt can reset the SOL to sue in California.
In 2014 I received a 1099C from Chase on an account that I had with them that was charged off. If they send the 1099C it is a debt cancelation form indicating I have to show that amount to the IRS as income. If they sent me the form, they have effectively forgiven (cancelled) the debt. How are they still able to show it each month on my credit report as a charge off, instead of a closed account? I know that it falls off the credit report after 7 years but if they have cancelled the debt shouldn’t it be reported as such?
Thanks for your input.
The cancelled debt and 1099c is to meet IRS guidelines. The credit reporting of a charge off, whether forgiven or cancelled, is still legitimate.
I regularly speak with people who circle back and pay or settle with Chase on old cancelled debts that are not old enough to drop from their credit reports. The main reason is in order to qualify for a home loan or refinance.
Portfolio Recovery just called me to collect on a debt that fell of my credit report in 2012. I live in TN. I told her I wasn’t about to pay them a dime because that debt was beyond sol and she should read up on fair debt collection practices. She assured me she knew all about it. I’m going to send a c&d, and I told her if it reappeared on my credit report I’d find a lawyer. Anything else I should know about or do?
If you send the cease communication letter to PRA be sure to send certified and keep copies. If they do call or write to you again after that, post an update and lets go from there.
Debt collectors are not violating the FDCPA by contacting you after the SOL expires (whether credit reporting limits reached or they can no longer legitimately sue).
Hey…I just found out that Sprint has filed a lawsuit against me. I haven’t had service with them since 2006! When I switched carrier’s I thought it was a one year contract. I just found out that it was a two year contract. I have never been contacted from Sprint before. What do I need to do?
When was the lawsuit filed?
What state do you live in?
What is the name of the plaintiff suing (should be a debt buying company)?
My wife was called by a collection agency about a debt past the SOL here in Texas. Not knowing any better I think she verbally acknowledged the Southwestern Bell debt on the phone, does that reset the SOL or does the acknowledgement have to be in writing?
Verbal acknowledgement of a debt in Texas would not typically reset the SOL to legitimately use the courts to collect. Written acknowledgment can reset the SOL in TX.
Good deal, thank you brotha!!!!!
How do I stop an 11 year old credit from currently trying to go onto my credit?
I live in Florida, and brighthouse networks is trying to place an 11 year old debt back onto my credit. Is this legal? I am sure it is out of SOL. How do I stop them from doing this?
If it was on my credit 11 years ago, it would have fallen off by now.
I am not paying this, and I want to know how to wnd this mess.
Please help! Thanks!
Read the original reader question and my feedback at the top of this page (I moved your comment to this page from where you entered it).
Most derogatory credit entries are going to drop from your credit reports after 7 and one half years, and cannot legitimately go back on them.
Have you checked your credit reports?
Yes, I checked all 3 reports this morning and there is no sign of said debt.
My issue is that they are basically telling me that they want something showing proof of my address from 11 years ago to drop this debt from my account. I have an issue with that. From the looks of it, it was never on my credit to begin with. But NOW they are saying that it “may” go onto my credit report.
How is that possible???
I have an account with them now that I will be closing very soon within the next two months. It has never been late, and it current. Is it possible that they are trying to attach this 11 year old debt with my current account once I close it WITHOUT the proper documentation?????
I want to know how to avoid this going on my credit at all even if it is 11 years old.
Thanks so much
Your present account confuses this a bit for me. And the threat of doing something that they cannot (place something too old on your credit report) is likely a violation of fair debt collection laws.
Post the name of a larger city near you in Florida and I can email you some contact information to experienced fair debt lawyers in the area you can talk to for free.
It confuses me also.
I asked them why wasn’t this brought up two years ago when I opened up my new services, and no one had an answer. All he told me was that it was a charge off that they now want me to pay.
I had them remove it from my current bill back to whatever or wherever they found it and pulled it from….however, that is when he proceed to tell me that it could possibly end up on my credit.
He is asking for something to show documentation to clear up the old debt. I have informed him time and time again, that I do not.
He is saying that the collections dept. is unable to clear my account . Again, this is from 11 years ago.
I am tempted to tell them to close my account now.
Would it help if I send a cease communication letter?
I live in Tampa, Fl.
I greatly appreciate your help.
I would not do that if it were me. I would wait the couple months until my current account closes, and the final close out bill paid, before deciding my next move.
Michael,
I just got 2 collection letters in the mail from 2 different accounts and collectors.
I looked at the original accounts they say they are for but do not see any in collections or any account of them on my credit report from free credit report.com.
I am pretty sure It has been more than 7 years since anything has been paid on them. I have been at my current job for 9 and do not remember making any payments to either since I have been here.
Thanks
Ben
It is not unusual to get collection notices in the mail, or collection phone calls, for debts that are this old. Debts do not go away per say, but after your state statute (SOL) that limits how long you can be legitimately sued, and after the limits for derogatory credit reporting are met (7.5 years in most instances), the debt is not really all that collectable (unless a judgment).
If it were me, and I was sure it had been more than 7 and one half years since I paid, and was certain my state SOL for being sued had passed too, I would send the debt collectors a cease communication letter using certified mail return receipt. This should prevent them sending any other letters or calling you to collect.
If these accounts change hands again you could get another collection letter, which you could then repeat the process.
Thank You, Do you know of anyway I can check to be sure of when I might have last made a payment? Being that I do not see anything on credit report it is hard to say when I might have made last payment and I am pretty sure it has been at least 8 years
Also I live in GA and I think the SOL is 7 years but I am not sure.
SOL for legitimate credit card collection lawsuits in Georgia is 6 years.
Old bank records are something many of us toss out. If you have any stored, look those over. You can sometimes pay for older records with some banks.
You can try calling the original creditor to confirm when they sold or charged off the debt.
You can request the information form the debt collector too, but those requests are often treated as disputes.
Who are the two debt collectors in question?
One of them is Ge money bank/lenscrafters which is now owned by LVNV. I do not remember the collection agency who has it now. and the other original is HBC I think which was best buy and is now with Hsbc or this maybe backwards. Hope this makes sense. I will try to get you exact info when I get home later this evening.
Let me know what you dig up. LVNV is not all that difficult to get information from.
I hope you can offer me some reassurance. Yesterday I received a call from some type of agency telling me that someone is during me and I need to call a certain number to speak with someone about a debt. I called the number given that it was for a company called LTS group. The woman told me that I owed money from an old Verizon bill back in 2003. She threatened legal action and to report this negatively to my credit. Being that I was at work I became very flustered and asked what I could do she offered to settle the debt if I paid right now for half of what it was. Let me also say that I thought this was legitimate as she had my birth date, last 4 of my SS and my current address. I paid with a credit card and called it a day. When I got off of work about 15 minutes later I realize something seemed very fishy so I called Verizon. The CS rep said there was no record of the debt and what happens as once the SOL passes (I’m in NY so that’s 6 years, making it 2009 for me) they sell it to another company. He also informed me that what they told me it was illegal as they could not take legal action against me. He recommended me to call them and get my money back if I could. I called my credit card company right away and canceled the card. It was already put through. I called LTS group back and demanded my money back as they are liars and can not sue me nor legally do anything including report it to my credit report as its been over 12 years. The woman was very nasty and said that I misunderstood her. In the end she claims that I was breaking the contract that we agreed on with me paying that fee and that I owe the full amount. I said send me the court papers and hung up. My question is this by agreeing originally to pay that fee but then declining it and wanting my money back that I reset the debt time limit? This worries me. Even though they fully lied when I was on the phone with them about taking me to court and reporting a negative action on my credit report. Any info on this is appreciated. Side note when I called back the second time I screamed and yelled about them being a scam and the woman got very nasty again but had nothing to say to me about it. I did notice today that I was credited payment. If you could offer any advice, I’d appreciate it.
You did the right thing notifying your credit card bank about this and getting the charges reversed.
I would encourage you to follow all of the tips and advice I give about dealing with fakes and scam debt collectors. Like I suggest in that article, make notes about the dates, times of day, phone numbers that called you or that you called, names of people you spoke to etc. Follow the advice with the CFPB complaint, and I would also recommend contacting a debt collection violations attorney too. I can help you locate one and send contact info to you via email if I knew the name of a nearby larger city?
Thank you so much. I live in Queens, NYC.
Today, I saw that the charges on my card were actually changed to pending. I submitted a dispute and fraud claim to my CC company as well as submitted a complaint to the FTC and the CFPB.
My question is did I restart the SOL by paying toward it even though I’m looking to cancel it out? It’s been ineligible for judicial collections or negative credit impact since 2010. This was the first I have ever heard of it.
I sent you an email with contact details to 3 different experienced debt collection consumer law attorneys. Call one of them for a no cost consult about their impression of whether your rights covered by New York state law, or the FDCPA, have been violated.
Generally speaking, making payments on a debt can reage the SOL to legitimately sue. But being coerced and threatened into making a payment can make all the difference in the world. But get that feedback from one of those attorneys.
Please let me know what the result of your CFPB complaint is.
I noticed on my credit report that Midland credit purchased a debt that passed the California SOL. It’s a 9/2010 debt. They can’t sue me so will it come off my credit report in 2017? I have not acknowledge the debt to Midland.
When you say it is a 9/2010 debt, is that about when you first missed payments to the original creditor? If so, and because Midland Credit (and the original creditor) could stay on your credit reports into early 2018.
Good Afternoon Mr. Bovee,
I hope you can direct me in the right direction… I just notices a phone number calling my work phone every 10 min.. So I called it and it was for a “Midland Credit Managment” in San Diego, CA.
I spoke to a women “Kelly” who immediately threatened to sue me if I didn’t pay my debit. I asked her what the debit was for and she said it was for a unpaid balance from 2004 Dell, Inc. of $ 1,388.00 but now with interest it’s $2,8k!!
I told the women I NEVER had a Dell, Inc. account. Only Dell computer I ever had was from my parents who bought and paid for it in full back in 1997-1998.
I then asked her to fax/email me all the info and she said in the state in CA its illegal to do that and I corrected her and told her it was not. But requested for her to mail me the documentation to see what the heck was going on.
I asked her why was I being contacted NOW and not back in 2004? Its been 11 years! And she became silent once I asked the question TWICE. So I was polite and told her to have a good afternoon as hung up on the call.
I have no idea why I have a Dell, Inc. under my name. My wallet was stolen way back in 2001 but I was able to cancel credit cards and get a new CA ID.
SOrry for the long winded message… Isn’t there a SOL after 7 years in CA??? I know I never opened a Dell account ever. The women said I had to go to my local police department to file a police report of proof that the Dell, Inc. account wasn’t mine so I can dispute this debt or get an affidavit stating the debt is not mine and my identity was stolen.
I am just scared out of my mind about being sued for something that is not mine. ANY advice would be greatly appreciated!
All My Blessings to you. Thank you in advance.
I would not worry overly much about the debt collector in your situation. You can quickly put them in check on a debt that is not yours; is passed the 4 year SOL to sue, etc.
I would be immediately worried about identity theft and any damage that could still linger from that.
When is the last time you looked at your credit reports?
I just received 2 out of the 3 companies reports last week and I have them with me and there is nothing unusual at all. Dell or the MCM are not on these 2 reports. I am just waiting for transamerica’s report sometime in the next few weeks.
Continue to check for anything else you do not recognize regularly.
As far as Midland trying to collect an account you do not recognize, you could send a debt validation request letter. If you do that, be sure to send your request via certified mail return receipt requested. Keep a copy of the letter you sent, and the green return card you get back in your files.
Given the nature of the debt (not yours and/or passed the SOL to sue), and were it me, I would sen the collection agency a cease communication letter so that I would not have to hear from them again at all. Midland is not much of a reseller of collection accounts, so the debt may just end right there.
I was contacted by Diaz and Associates claiming they were going to serve me papers for a debt that I did not know existed. It was an overdrafted bank account closing rom 2007.
I checked my credit report and it has been removed from my credit report already and it is well passed Mississippi’s statute of limitations. Should I send them a cease and desist letter?
Given the circumstances you shared, it is what I would do. Have you have any trouble opening bank accounts since 2007?
Hi, I was just contacted by a collections agency for a debt that was last made in 2003 by sprint cellphone. I was told that I was being sued for $1062.00. I check my credit report every month and there’s nothing about sprint. I live in California. I thought after 7 years it doesn’t matter? Now they are suing me for this? How will i get rid of them from calling me?
It sounds like you are being contacted by a debt collection scam. Read the tips I give in that article for some options.
I just received a phone call from a “Risk Management” Company stating that I am about to be served at my place of employment for a law suit from a Discover debt that is nearly 13 years old (last payment in or before 2001).
I mentioned that I do not recall the debt they speak to which they responded that I will be receiving an itemized listing of charges made.
This far beyond the statutue of limitations, how can they take me to court? I am currently in Oregon 97330.
It is highly likely this is a scam debt collector. I would encourage you to read that link for suggestions on what to do from here.
My wife just received bill from firm that’s she owe debt more then 10 years ago. It’s not showing on her credit report. My question please can they sue my wife for this debt after all this years. Also can this debt will show on her credit report again. I didn’t contact this firm or call them to tell them under FL state limited they shouldn’t send us anything about this debt. But should i call or send them a letter or just ignore them. Thanks
You could send them a cease communication letter certified mail return receipt, or ignore it all together. But first, who is the debt collection agency calling?
asset recovery solutions.
So this debt can’t go back on the credit reports due to time over 10 years
Neither the creditor, nor Asset Recovery Solutions, should appear on her credit reports for a debt this old. And she should not be sued for collection for something this old either. If they were to sue, which I highly doubt will happen, the process for dealing with that would be fairly simple.
Hi,
I have a debt that I have been paying a collection company for years on and have barely made a dent. The monthly bill now states something like this – due to the age of this debt, we will not sue you or report this to the credit bureaus . It is $19k. I don’t even know who the original creditor was – they list another collection company they obtained it from. All the old debt is off my credit report and I lost all old documentation in a flood over a year ago. I live in GA and probably first went delinquent on the CC in 2004-2005. Just wondering what I should do? Continue paying the $60 a month I have paid over the last few years? Don’t pay, etc?
I can offer better feedback with some additional details from you. Who is collecting now? Who was the debt collector they obtained the account from? When did you start paying the 60 dollars a month?
Last online bank statement I have was March of 2014 – I think I have been paying it since 2013 though. I am paying to MCM and Maryland Nat’l Bank is listed as the prior – maybe not a collection agency like i thought.
What was the beginning balance and what is owed as of today?
Is your goal to resolve the debt? If you stop paying, it is highly likely you could negotiate a lower lump sum pay off with Midland Credit. Can you pull together a good cash offer quickly, or will it take you some time?
I believe the balance of that card was $8500-$9000; maybe $10k at the most? My goal is to resolve it. We are in the process of selling our home which will net us some money. This is the last debt we have. That will be my only hope of getting together enough cash to settle it. I am unsure of how low to start on that offer as well? I would hope that only paying $50 to $65 over the last 2 years will show I am cash poor!
Check out the tips and tools for negotiating a settlement with Midland Credit. The comments on that page run deep.
Most of the better settlements I see are when payments are not up to date. If you fell behind with those, I would target 30 to 40 percent of that days balance.
I will do that. Thank you SO very much!
I canceled a cell phone contract in NC (where I still live) in 2007 (or maybe late 2006). I did not pay the final bill with the cancellation fee. This item is not on my credit report at all.
I recently received a collection notice on this bill and want to avoid it showing up on my report as I have just gotten all the negative items off/aged out and want to keep my good score.
Should I ignore the notice, ask them to cease communication, or what? The amount is not significant, but not cheap ($250) and just don’t want it to show up on my credit report. Any help is appreciated.
Thanks,
Brian
If it were me, I would send a cease communication letter (certified mail return receipt). I prefer being proactive. Ignoring the collection notices is not a big deal, at least for most, unless or until collection calls start in. Many will find those inconvenient, and then decide to send a letter to the collection agency.
Hi, I’ve just been made aware of a $80 Sprint phone bill I failed to pay in California back in 2001. R&J acquired the debt somehow and is now calling me. The person I spoke to said the debt was charged off in 2009, and if I don’t pay it they will start litigation for $614. Let me add that I never made a single payment, or responded to any previous correspondence in regards to this debt. I’m a correct in thinking that I can ignore this collection attempt?
Thanks in advance, Mikey
Based on what you shared, you could ignore it if you like.
You could be proactive too. Sending a cease communication letter (use certified mail return receipt requested through USPS). If that collector contacts you after that, post an update and lets go from there.
You could also contact an experienced FDCPA attorney to pursue collection violations for being threatened with a lawsuit where one is not likely to be file. Many consumer law attorneys that focus in this area of law take these kinds of files at no cost to you. I can send you contact details to some that offer no cost consults if you like? Are you in California still?
Thank you for the speedy response. Yes, I’m still in CA and have never lived anywhere else 🙂 I found this article which eerily sounds very much like my situation, as I’m in the midst of a home refinance. Darn debt vultures!
https://veritasnews.com/r-j-consulting-another-scam-debt-collector/
Call and consult with the attorney in California I sent you contact information to. Let me know how that goes.
Hi Michael! Wow, this thread is long-standing, and incredibly helpful and relevant. I have a VERY old debt from a credit card from 2000- it’s been passed through the hands of several collectors, but still shows on my credit report as “last deliquency 2013” which is utter hogwash. I DID call them to tell them my latest address and phone number (they’ve been phone-stalking my step-mother for 15 years): would that reset the clock? If I send them the cease communication request, are they forced to drop my account and take the info off my credit report? Thanks in advance for your advice. You’ve been incredibly helpful.
The cease communication letter you send certified mail return receipt generally has no impact on credit reporting. It is designed to protect you from any additional contact from the collection agency. Phone calls and collection notices should stop, but credit reporting on this old account may persist.
You can dispute the entry on the credit reports with the credit bureaus as too old to appear. If that does not take care of it, post an update and lets go from there.
What is the name of the debt collector calling and showing up on your credit reports?
Looks like the same as the previous woman- Portfolio Recovery.
What can I do about a collector illegally reporting ancient debt? I am so incredibly frustrated. I want to buy a house in the next few years.
I would skip filing a dispute with the credit bureaus as a first step, and file a credit reporting complaint with the CFPB. That should get this off of your reports.
I would still send Portfolio Recovery a cease communication letter certified mail return receipt. If you, or anyone you know, gets calls after you know they got your letter, post an update and lets go from there.
Hello. I am living in PA and have been here on & off for most of my life. Most currently I have lived here for the past 8 years. Many years ago (from 1998-2001) I had a bit of credit trouble: Delinquent credit cards & auto repo. Everything has been either paid off or has dropped off my credit after enduring the 7.5 year hit. My credit is thankfully very good at this point and I work hard at keeping it so and being responsible.
I received a call today from a collection agency (Portfolio Recovery) about a Capital One credit card that has been closed by grantor/ inactive/off my report for many years, but seemingly still has a balance of over $1000. This has to be finance charges on top of the (roughly $400) balance from circa 1999 because I know it never had that high of a limit. I also know that I never settled this account; I endured the hit on my credit for over 7 years and it eventually fell away. My credit has been clear for at least 8 years.
What to do about this agency calling me? Do I have to do anything, pay anything or even talk with them? I politely refused to engage with them on the phone today and was able to obtain the website and a password to go in and look at the account from the representitive. I haven’t looked yet because I don’t want to do anything that would claim this debt after so long. I certainly don’t want to harm my credit, but I feel like 16 years later is a stretch to keep coming after me. What should I do?
Portfolio Recovery should have long ago given up on collecting this old of an account.
No, you do not have to do anything at this point if you choose not to. But if it were me, and I was dealing with a debt collector on an account so old, I would send them a cease communication request in writing via certified mail return receipt. PRA should honor it by not making any additional collection calls to you. If Portfolio Recovery Group does call after you know they got your notice (hence the certified return receipt), post an update about it and lets go from there.
Thank you, Michael, for your quick response. I will do as you suggest and hopefully it will be enough.
Hello. I live in florida I stopped paying my credit cards in 2009. I became a homeless at the same time so I have not had comunication with the creditor since 2009, now I am trying to start a new life. I checked my credit report and there is not judgement. The same in my county clerk. Is it posible for them to toll the SOL because they were not able to comunicate with me due to my homeless status? Thanks
SOL tolling would not likely be triggered by your not having a steady address.
It also sounds like you do not have long for the collections to simply age of your credit reports.
Thanks you this is a great site
Thank you so much for taking the time to answer me in these busy christmas days, you have given me peace of mind, than you again.
Hello,
I just received a letter from First Step Group LLC saying that they purchase my debt from CACH, LLC. The original creditor was Bank of America, and the amount owed at the time I stopped paying was around 3000, now they are asking for over 11,000! This debt is more than 7 years old and the statute of limitations has expired. The letter says “the law limits how Long can you be sued on a debt. Because of the age of your debt, CACH will not sue you for it, and CACH will not report it to any credit reporting agency. But on the reverse says that “unless you within 30 days after receipt of this notice, dispute the validity of this debt, the debt will be assumed to be valid by us. If you notify us in writing that this debt is disputed, we will obtain verification of the debt or a copy of the judgement against you and such verification will be mailed to you by
Due to an illness, I’m unable to pay this, and I want to know what would happen if I don’t respond to this letter? Would that restart the clock on the debt?
Any help is very much appreciated, thanks.
Yours is a BofA zombie debt now owned by Cach LLC. Cach can do nothing to collect from you, other than what amounts to begging you to pay. If it were me in your shoes, I would tell them to keep begging for payment they have inflated by nearly 300 percent, but silently.
What I mean to say is, you cannot be sued; the debt cannot show up on your credit report; there is nothing for Cach to do to coerce you to pay. If you write back and demand they cease communicating with you, they must. If they do make continued collection efforts after you send your written letter demanding they stop (send certified mail return receipt requested), post an update and I can help you take them to task for violating your rights.
Not responding to the collection notice on this really old debt will not result in a restarted clock to sue in court, or to report on your credit. Not responding just means you might hear from them, or some other debt collector, in the future.
I just received a collection notice from a company named TOTAL CARD INC. out of Soiux Falls,SD it states that they represent PINNACLE CREDIT SERVICES, LLC and they puchased a circuit city credit card debt from 2004. I was in a bad motorcyle accident an lost everything. I acquired the debt and have always lived in California and since re built my life and am doing well with great credit and a good job. They say I owe $772 but will settle for $145 if I pay now. It also says right in the bottom of the notice :
Because of the age of the debt, pinnacle LLC will not sue you for it and will not report it to any credit reporting agency.
So what do I do? I appreciate any info and help.
You could pay the debt (settle for less with Total Card Inc) if you feel an obligation to do so. You could also ignore this collection attempt on really old debt, or even send them a written request to cease call communication with you, as you are well passed the SOL in California to be legitimately sued for the debt.
What are you inclined to do?
Thank you. Convergent called my number but didn’t leave a message. So, l am waiting for written communication to send out my certified letter. I will let you know if I need further assistance with the FDCPA.
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.