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etell06@sbcglobal.ne... | Can I be sued for a ten year old debt? |
I have an unpaid debt of originally 700 dlls with a phone company formerly knonw as Pacific Bell in California. That company eventually became SBC and now ATT. I just got a call from a collection agency claiming that I owe about $ 3000.00 (interest added). My credit is clean now because it's been taken off my credit report. What kind of legal action can they take against me? can they prove I owe that money after ten years?? Im scared. Help |
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SPIFIMAN1
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Don't worry this debt is past the statute of limitations there is nothing they can legally do to you and win.
Simply send them a certified letter return receipt requested stating that you are aware of your rights and demand both validation that this debt is your and proof that it is not past the S.O.L., you will never hear from them again. |
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SlimMick
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This debt is outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.
Technically, a debt collector can come after you forever...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, which includes:
- a copy of the original signed contract with my signature
- validation of the original "Date of Delinquency" for this alleged debt
- validation of the "Date of Last Activity" for this alleged debt
- validation that this alleged debt is within the statute of limitations.
Per the Fair Debt Collection Practices Act, I am requesting that you cease all verbal communications with me about this alleged debt. Receipt of this letter is officially being time-stamped by the USPS.
-----------------------------
* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name. |
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Sgt Big Red
|
Well to answer you, so far only 2 have even come close to the correct answer, Spifiman and SlimMick. The others are out in left field and should understand the FDCPA.
If the debt is truly "time barred" (beyond your states statute of limitations), then no legal action can be taken. Some collection agencies may still file a suit figuring you may not show up and they would win by default. It is not up to the court or the court clerk to verify if the debt is time barred. You would have to use the defense that the debt is beyond the SOL to get the suit thrown out.
HOWEVER! a court ordered judgment is treated differently then an open ended account. In most states a judgment or lawsuit has a SOL of 10 years and can be renewed again. If this debt is NOT a judgment, then they can go pound sand!!
Check your states SOL at this link
http://www.bcsalliance.com/statute_of_limitations_on_debt.html
Pennsylvania, South Carolina, North Carolina and Texas (depending upon the debtor's circumstances). do not permit wage garnishment.
Here is a sample letter you can use (you fill in the blanks)
Your Name
Your Address
City, State, Zip
Date:
General Revenue Corporation
Address
City, State, Zip
Re: Acct #XXXXX
To Whom It May Concern
This letter comes in response to your [letter dated xx-xx-20xx] (copy enclosed) or [phone call from xx-xx-20xx], concerning the collection of the above referenced account.
First, I want to inform you that I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and applicable State laws. Having said this, I hope to save both of us a great deal of time by informing you that I formally dispute the validity of this debt. In addition, I am aware that the time period limiting legal actions to enforce this type of debt in (insert your state or the state in which the contract was signed) has expired. Furthermore, I am aware that any attempt to bring an action in court that is time-barred may result in sanctions for filing a frivolous claim.
As of today, I consider this matter closed and demand that your agency and affiliates immediately cease and desist contact with me regarding this matter except to advise me that your debt collection efforts are being terminated. Further communication attempts of any form or substance are prohibited by the Fair Debt Collection Practices Act, 15 USC 1692a, et seq. I plan to report any such violations to my State Attorney General and the Federal Trade Commission and, if necessary, to take whatever legal action is necessary to protect myself.
Thank you for your prompt attention to this matter.
Sincerely,
Your Name
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
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bdancer222
 |
Don't bother asking for validation. Just send a certified, return reciept letter telling them to cease and desist all contact as the debt is over 10 years old and beyond the SOL. They have to stop but will probably sell the debt to another zombie collection agency. Just send the new collection agency another cease and desist letter. |
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Steve L
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It noncollectable under the law it part of a scam of debt pedaling. They are hoping you will make a payment to them so they can reset the clock. Do not make a single payment nor talk to them they are playing on your fear. Relax Take a Deep Breath and go on with your life |
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saved_by_grace
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Yes they can prove that you still owe the debt. They cannot put it back on your report. I don't know if there is a statute of limitations in that state to file it in court. They will use any scare tactic they can to recover the debt. |
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Debbie
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If you receive another call from this collection agency you must tell them to send you something in writing. How do you know for sure that they are a legit company and that they have the authority to collect the so called debt? With all the scams out there today you need to protect yourself by not giving any information over the phone. Once you tell them to send something to you in writing by law they cannot contact you again for 30 days. Always make sure you write down the persons name, company name, company address, and company phone number. Also write down the date and time that they call. Keep a log. If they call within the 30 days tell them you are going to report them to the FTC (Federal Trade Commission). If you receive a statement from them send a letter back asking them to validate the debt. If it goes any further try to get a hold of me for more information. |
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src50
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You're scared? You're the one that created the situation by not paying your bill. |
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IPRZHM
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Why dont you just pay the debt you know you owe.....There's no such thing as a free lunch.....and Americans wonder why we are in a fincial crisis!!! |
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Dannygirl
 |
they can still go after you for the money in 50 years. Pay up before interest increases. |
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Doug Van
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Yeah, you can get sued for it and they can garnish your wages. The best way to take care of it is to call them and get a SETTLEMENT IN FULL. You could probably talk to them and just pay the original $700 and get them to go away. Don't ever pay them until you have paperwork that states your bill is settled in full- don't give them a check over the phone, no access to your checking account, nothing like that. When you get the right paperwork for the offer, send them a certified check or money order or something like that. It's the safest way to go.
They really don't expect you to pay, so they probably want to settle. It saves them court costs and it gets them money they weren't expecting anyway. If they do pull you into court they will get a judgment against you, as you do owe the loot, but it may not be for $3,000. Whatever the judgment amount is, judgments suck hard.
As for your credit score, on our scale we'll use 1-10. You're at a 10 as a worst case scenario- you have a long term unpaid debt. Paying it off would be like a 4 because it still goes down as long overdue, but paid in full. Settling will be like a 6- it is paid, it took a while, it was settled (not paid in full), but you did pay it and both parties are satisfied. Getting a 1 in this scenario would have been not having it been late at all.
All this aside, it's not a really big deal if you get it paid off. It looks a hell of a lot better to have paid off stuff on your credit report than unpaid stuff, and the worst is repo and bankruptcy, so in the grand scheme of credit reports, 1 being super mega on time and 10 being full of repos and bankruptcies, you're sitting at like a 3 or 4. It's not too bad, and if there is enough good stuff around this one band thing it will seem as an isolated occurance and not a big deal.
Remember- get a settlement in full and get the paperwork for it before you do anything else. If you give them access to your bank accounts they will take as much money as they need to clear the debt. If you clear them to take $50 and give them access, they are still entitled to their $3,000 and they will clean out your account. |
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