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What do I do about collection agency filing law suit over over credit card debt.? |
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Paypal and Ebay? |
HI,
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What to do with check? |
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How can i figure out if someone used my ss number to get a credit card? |
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Can a 15 year old have a check card? |
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Bankruptcy and pets? |
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Credit cards?? |
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Will my credit improve from paying off medical bills that were delinquent? |
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KAREN B | Can a credit company claim repayment if they have not been in contact for 9 1/2 years? |
a collection agency has suddenly out of the blue requested payment for a credit card from 9 1/2 years ago when the company themselves haven't been in contact requesting payment. can this happen and am i still liable? |
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patrick
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The statute of limitations is 6 years. However, there are exceptions. If the original debt was taken to court within that timeframe, and ajudgement was issued, then they can either try to recoup the funds, or sell the judgement. You would then be responsible to pay the judgement, and they can lien your property for payment.
You need to ask the collector if they have a judgement. If they say they do, ask for them to send you a copy. Tell them you will review their claim, and will respond in writing. Also tell them that all future communication with you must be in writing. Tell them that if they call you again, you will report them to the Attorney General's office. Ask for their mailing address, and send them a certified letter stating all communication concerning said debt must be in writing, and that you are invoking your right to not receive any telephone calls.
If they have a judgement and it was issued within the 6 year time frame, you are liable. You can however, negotiate an amount to settle. The collection agency purchased this debt at a steep discount. likely less than half.
Finally, make sure you tell them that this debt may not be reported to a credit agency, as it is greater than 7 years old. Tell them that should it erroneously be reported you will file a complaint. |
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Landlord
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You are liable until you pay back the money you spent. So yes, they can contact you, and your estate after you.
You no longer need to worry about criminal persecution, they can no longer press fraud charges against you. |
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claimbankchargesback
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They can request you to repay the debt, as a debt is a debt and if its not paid back you will always owe it.
HOWEVER, there is a rule called the "Statuate of Limitiations" which states that if there is no contact between the lender and debtor for a period of 6 years, then the debtor can no longer be taken to court to get them to pay.
This effectively means that if you don't pay, theres nothing they can do about it to force you to.
You have to be carefull how you proceed, as if you write to them acknowledging the debt then you can actually reset the clock and they can take you to court again. If you do write to them, put "WITHOUT PREDJUDICE" at the top of the letter, add in that you don't acknowledge the debt, and don't sign the letter.
Legally, they can chase you for the debt however, as you do owe them money, but they can no longer take you to court, so its down to you how you wish to proceed. |
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ChocLover
 |
I have always been lead to believe that if they have not contacted you within 6 years then you are no longer liable but don't take my word for it, I'm sure there will be someone more qualified than me along soon with the proper answer for you! |
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celticexpress
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Sounds similar to the situations discussed in this article about "zombie debt collectors":
http://articles.moneycentral.msn.com/SavingandDebt/ManageDebt/ZombieDebtIsHardToKill.aspx?page=1 |
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Ask M
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they are called junk debt buyers and no you are not required to pay them, I'm sure they are past the statute of limitations
for your state. First you send the Credit Agency a Method of Validation letter, wait for their response, usually takes
about 30 to 45 days. You can get the letter here
www.creditinfocenter.com - under debt validation CRA's |
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ralph
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Each state sets the rules. In California it is four years. After that, if you pay something or acknowledge the debt it resets the clock. |
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Bob D
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they can try. But you arent liable. Debt is over seven years old. Do not send them any money nor claim to owe the money. That will make the calim against you current and then you may owe them. Expect them to threaten, bully, and lie. |
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Stew
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On any legal matter a lawyer should be consulted in regard to local laws. Specific debts are timeless and will continue to haunt your credit report.....especially medical. In this case I can't help but wonder why your concern revolves around culpability instead of responsibility. If you spent their money I would think repaying it would be in order.... |
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