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househunter | HELP! what is the max time a creditor has to collect on a debt.? |
I had a creditor contact me via mail regarding a passed due balance from 1990. to be honest I don't know if I ever even had an account with them.....They are threatening to attach my credit if I don't pay balance,late fees, and interest. How long can they go back? and what sort of proof do they need that I made the charges, or is burdon of proof on me? |
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Studly
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Let me explain the law to you. Don't panic....
In the state of Ohio there is a Statute of Limitation. That means that after 6 years, starting on the date of default, you no longer have a legal obligation to pay the debt. Now this does not mean the creditor can not come after you, harrass you or bother you. They can still try to collect the debt. However, they can not legally sue you in court to recover, or take any other legal remedy.
You need to do two things right now.
First, check your credit reports and make sure these scumbags didn't put any negative reports on your history. Go to the first link below and order a copy (for free) of all three of your reports. While you are at it, check it over carefully for other errors too.
If there is anything on the report, send the credit reporting agency a protest letter and request an investigation of the report. They have 30 days to do this. Use the sample letter templates in the second link.
Send the creditor a "demand for validation" letter. As explained in the previous messages, this is a legal demand to the creditor to supply you with copies of contracts, bills, receipts, and anything that was used to calculate the debt you owe. They must prove you have a legal obligation to pay them. They have 30 days to give a response. Use the letter template in the link below.
Be sure to also enclose wording to the effect that they must not contact you again. This is a "cease and desist" demand. If they contact you again, you have grounds to file a lawsuit.
Finally, GET ARMED! Knowledge of the law is your only weapon. They get away with this because you don't understand your legal rights. So ARM yourself by reading the other links I've supplied, especially the Fair Debt Collections Act.
If you do all of these things, the problem should go away. Keep copies of all letters you send, and make sure you send them by certified mail.
If they continue to bother you, file a lawsuit. It should be pretty open and shut, and can be done in small claims court.
Contact me if you need more advice or encouragement.
Don't panic...you are in good shape here. Toss in a few cuss words when you write to them..it will make you feel better. |
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auntb93again
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The statute of limitations only applies to filing lawsuit, not to an attempt to collect a debt. However, they can no longer force you with a lawsuit; no statute would go back 15 years. (They are different for different circumstances, and in different states.) And your comment about "don't know if I ever even had an account" is exactly why. It is very possible this is a fraud. If I were you, I would make a copy of their threatening letter and send it to the District Attorney's office with a cover letter asking if this is a fraud. If you include your phone number, it's a good idea. |
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tnroadwarrior
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The statute of limitations on the debt has expired. (In the US anyway) The only way that debt could still be owed is if they pursued and got a court ordered collection or garnishment prior to the end of the statute of limitations. It is probably just a scam or an attempt at intimidation. Tell the person to no longer call you and if they continue report them to the better business bureau. |
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princess1226
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the proof is on them. unless they can prove it your in the clear. call them and ask them when this was and where and all that. let them know you have not heard a thing until now. I have heard of creditors trying to get money YEARS later even if the company has gone out of business. do not give them one cent till you know exactly what it is and if it was you. it could be a scam |
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OneRunningMan
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"The Statute of Limitation will be calculated from the date of last activity on your debt where it actually originated. Since the said account took place in the state of Ohio, the SOL for it is six years. So, as per the SOL in your account, it is within the collection period.
I feel that you should have taken immediate actions after disputing the account with your creditors. Now, that the account has been sold to the collection agency, the creditors might not be showing much of the interest in your accounts.
Since the debt has been taken over by the collection agency, please ask them to validate the debt so that you can proceed ahead lawfully. Replying to your debt validation letter, they are required to bring down the following points:
The details of the account.
All the calculation should be shown of the amount that is owed.
Any copies of the papers to be furnished that shows the payment agreement.
Provide a verification or copy of any judgment if applicable
The original creditor needs to be identified.
The Statute of Limitation needs to be proven for the collection of the debt.
The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
If they fail to validate the debt, you can strike back stating that the said debt has not been validated by the collection agency. Thus, the company needs to remove all the negative markings put on your credit file by them.
If they can validate the debt, you can negotiate with them for a suitable payment plan. Make sure that the account in collection has a very bad impact on your credit report. So, try to get it settled keeping your interests protected. "
Also: Please be careful because there are a lot of shady collection agencies out there. I know of an individual that come to find out had a $20 (aprox) utility bill from Texas from several years ago and the collection agency was attempting to collect $300 (aprox). They ended up communicating directly with the utility company, which had no link to the collection agency. They paid the $20 with the utility company and informed the collection agency basically to cease or face legal action. |
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maltonge
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10 years
but if they can not find you they there is nothing they can do.
if bailig comes to your house just say you only moved there a week ago and you do not know the person.
hope this helps |
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bburdet2000
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Click the link below, send email with more info:State,debt type(credit card,mortgage,etc)
We can help. |
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Clara Bow
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Do not ever let a creditor or a debt collector bully you. They have no right to do so. I am not sure of your state but, in CA, there is a 7 year limit.
A lot of times, they are just trying to scare you.They cant garnish your wages or any of that crap unless they take you to court, this almost never happens.
The people that are calling you are not the people you originally owe the debt to. Let me illustrate.
Say I am your dentist and you owe me $200. If you don't pay me, I will sell your debt to a collection agency for $100
If the collection agency collects the $200 bucks from you, they make a profit of $100 for harassing you. A lot of times they have some name that makes them sound like an attorney so you get scared and pay.
If they contacted you via email, it may be a total scam and you really owe them nothing.
So.... What to do. First of all. Do not contact them. Get your information first so you arnt going into their territory unarmed.If you do actually have a debt that hasn't fallen off your credit report and you say anything that they can interpret as a promise to pay, Then it is like it is a whole new debt and you will have to wait however many years your state says before it falls off.
I suggest you go to WWW.freeannualcreditreport.com
It is free to check your credit report each year from all 3 credit reporting agencies. Take a peek, is there an outstanding debt? If it is not on your report, it dosen't exist.And you can tell them to F*** off!
I REALLY suggest a book my mom gave me by Benjamin Dover. He wrote a few on the subject. I have bought replacements because people have borrowed mine. I know his name sounds like a joke but try it. Debt Collecters love the fact that we as consumers know virtually nothing about the Fair Debt Collection Laws.
Did you know you can fire a debt-collecter and go to the original person you owe?
Did you know that you should never pay a debt collecter unless they agree, in writing to remove the debt from your credit report? They will lie and say they can't but they can. They just don't want to.
Don't let them push you around, you have more right s than you know. I urge everyone to check their credit reports and to check the website I listed below. Buy the book, It will have you headaches.
My mom had debt after her divorce and when she fired the collection agencies (it is Your debt so, under the law, they work for You, Its crazy but true. It is fun to tell them that because they get all furious that you know their secret) and she negotiated with the original people she owed the money to, they will usually knock 1/2 off the debt.
Anyway, I have never heard of a state that it takes more than 7 years for a debt to fall off. So, check your credit report, I am pretty sure you have nothing to worry about!!! |
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ericeick
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There is no time limit for collecting on a debt. Generally, the black mark will be erased from your credit report after seven years, but that does not negate the debt- that still remains.
The burden of proof is on them- they have to show that you do indeed have an unpaid debt. |
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Zac
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It all is dependent on what your states statute of limitations is set at. I would find out this and then make a decision. If it is out of statute, then tell them this and tell them that to never call you again. It is against the law for them to keep bugging you if you have told them to stop. If they continue to call you after you have asked them to stop, try to record the phone call via answering machine. Then you have the option to sue their pants off.
For more info on this go to clarkhoward.com |
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coca_cola_kid_321
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Hi.I think all debts go back 5 years. If they cant find you by post or phone they will put you on search with electoral roll. If you are wanting to dispute the debt, then you have to find the proof that it wasnt you. Speak to them and try to sort something out, they are most often quite helpful. |
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