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miguelin | Debt collection letter to pay an old credit card from 1999, should I pay it? |
I received a letter from a collection agency to pay an old credit card debt from 1999. I recently got my credit report this year and this debt did not show up on it, should I pay it? Will this affect my credit score eventually? What should I do? |
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OC1999
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A negative item is removed after 7 years so there is no way it will show up on your credit report as long as you don't do something like start to pay on it again. Also, with the exception of a couple of states, you are well beyond the Statute of Limitations for being able to legally claim the debt. Rhode Island is 10 years and Wyoming is 8 years for open ended accounts(which a credit card is considered). So if you are in one of those two states you may need to pay the debt.
After the SOL has expired there is nothing that says they can not continue to try and collect, but they have no legal grounds to make you pay. You can send them a certified letter to basically tell them you do not know what this debt is and they are not to contact you again. Do not admit to knowing about the debt or that you may still owe it.
Dear Sir/Madam
I received a letter dated <date> about a debt I supposedly owe. I do not know anything about this debt and do not want to be contacted about it from this point on.
<Account #>
<Your Name>
Sent it certified with return receipt. If this company does contact you again you can file suit for violation of the FDCRA in small claims court for $1,000. However, if another agency purchases the debt, you will have to do this again with the new one. As the letter only applies to that agency. |
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The Iconoclast
 |
You need to send them a "drop dead letter"
Go to http://www.clarkhoward.com and look up sample drop dead letter. In the letter, explain that the debt is NOT yours (don't ever admit to a debt) and that you want no further contact regarding your supposed debt. make sure you have it notarized, and keep a copy for yourself for your records. Send it registered mail.
If they report it to the credit bureaus, you need to ask on how to sue them for this infraction. |
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echo
 |
I agree with The Guru and OC1999
I wanted to add that the collecting SOL for Rhode Island is 4 years for credit cards.
There is a paragraph in the RI statutes that has been misinterpreted by some sites that list SOL's by state - the misinterpretation is for a store card breach of warranty 10 year SOL - which is actually for legal action on defects in the products etc., and is not for the open account collecting SOL.
If it is from 1999, it would be illegal for them to place it on your credit reports.
You might read over the SOL letter on the following link
http://whychat.5u.com/nottoca.html
You can also go to the bottom of that page and click on the home page then scroll down near to the bottom of the page and click on the link to find the SOL and SOL statutes for your state to use in the SOL letter.
If you have any questions on how to use the SOL letter, you might click on my profile and go to the last link listed and ask your question in the credit forum. |
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bayoubabe75
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NO!!! They are probably making one last attempt to collect before they are not allowed to even call you anymore. If the collection was on your credit report you need to dispute it because it can only stay on your credit for 7yrs. |
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eric h
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The collection company can put the debt up on your credit record if they don't mind shading the truth (and they usually don't).
Check the Statute of limitations in your state and see how long civil actions may be filed.
If they can't sue you for it anymore. legally its not a debt.
You can probably ignore the collection agency. |
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Jess
 |
DO NOT pay anything on it. This is called a zombie debt, in which a collection agency finds old unpaid bills and then sends you a dunning letter. The moment you pay them anything, the debt is reactivated, and that will reflect on your credit report. After 7 years, it disappears off your record, so keep it that way. Ignore them--they can't collect on it. |
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Jack S
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Past due collections only affect your credit score for seven years. After that, they roll off. Whether or not you pay it is really up to you. |
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skeeter195848
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Nothing after 4 years and they have gotten their money as a tax deduction someone is makeing a big comission on collecting old debts that the company has already been paid for I WOULD NOT PAY IT |
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cwald888
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Was it discharged previously in a bankruptcy? If yes, then technically you are not required to pay it. If not discharged or paid previously and you owe it, pay it. |
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Joey's Girl
 |
that is how most companies keep it on ur credit report it might have not shown up when u got it but its probably there now everytime its almost time for it to fall off they send out another letter and it stays for another 7 years so my advice is to pay it or call them and see if they will take a settlement |
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thirsty mind
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There is a 3 year situate of limitation clause regarding debt. UNLESS you have had them peruse the date in writing during this time. |
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Jim G
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If you owe the money pay it. Simple. |
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