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Additional Details
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schmorgisborgnfleega... | Hey, what are your legal obligations to pay back debt that is over 10 years old and has been sold off.....? |
to a collection agency, its not that much, and I was young and forgot about the whole thing. Now I have these vultures calling me at all hours and making me crazy they are rude so Im rude back- probably shouln't be....oops! what is the deal what can I do to get them to stop threatening me? how do I get rid of them. just pay it? I know I should but they are such assholes!!! |
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Studly
 |
Looks like I have been away for way too long. This is the worst collection of answers I've seen in a while!
I'll keep my answer short. If you need more help contact me.
1) Every state has a Statute of Limitations. If the creditor fails to pursue legal actions against you within that time, they lose their legal right to collect. That time starts from the date of the last transaction. See the link below for more info. Bottom line, if this debt is 10 years old they can not legally sue you for it.
2) BUT....the creditor still can ATTEMPT to collect the debt. The just can not SUE YOU. All that's left is their calls and harassment. They are nothing more then a barking dog with no teeth....annoying but they can't do anything to hurt you.
3) BUT....you can muzzle these guys very easily. Read the Fair Debt Collections Act and you will see that by sending them a CERTIFIED LETTER demanding that they stop communicating/calling/mailing to you, they must stop. If they continue to bother you, you can file a very simple small claims lawsuit against them for $1000 (plus court costs). This will stop their harassment and they will go away.
Remember this. Collections agents depend on the fact that consumers do not know their rights, and do not know the law. Once you do, and make them know it, they will crawl under their rocks and leave you along.
Read the Fair Debt Collections Act laws! |
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Future Citizen of Forvik
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My advice to get rid of them is to pay them off. If it is not serious enough to go to bankruptcy court then pay them. It will make your life much more sane and you won't dread picking up the phone as much. |
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hasdad62
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You are not legally obligated to pay them. The s.o.l. has expired, and the can not legally collect! Tell them not to call you anymore, and they must leave you alone. They may still write you. |
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ab dominance
 |
tell them politely they must stop calling immediately..... that is the law and they must oblige. work out a pay plan and send them a few bucks a week.
if they fail to stop calling, then call the state atty. general for help. |
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Zookie
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Ask them to provide you with written proof of the debt including any contract, receipt's, etc. and something with you signature. Demand that they only contact you via mail, not by phone, |
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jmorritz
 |
You owe the money, just take it as a lesson learned and pay it off. |
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Sandy Sandals
 |
Still gotta pay it.... |
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mikey3cc
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If you're in NY or NJ, it's past the S.O.L. Next time, instruct them to PROVE that it's your bill. After ten years, believe me, this 3rd party collection company does not have any paperwork to support this. If in the rare event they do, tell them to prove it in court. At that point, it'll be written off, because it's much too expensive for them to chase down a 10yrold debt.
Search "AskAsa " of the New York Daily News. He addressed this very same issue about three months ago. Don't pay it. Learn your lessons and try to be more responsible in the future. |
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gvh
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Don't pay them. They bought the old debt and are trying to scare you. Go to Clarkhoward.com and look for the drop dead letter. Send it to them. It basically says " I don't owe you any money and don't contact me anymore." Each state has a time limit on these old debts but the sharks pay no attention to the dates. The letter is covered in some federal law that makes it illegal for them to call you again. |
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LT
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Ten years or more old.. I'm not sure they have much legal grounds to do anything... but may depend on what the debt was for. You do have the right to tell then not to call you anymore and they are suppose to quit calling. That is not to say they won't sue... best to talk to a lawyer and find out your rights. I had one place try something like that on me and made it sound like that had me... wrong.. and they gave up because their case was weak like yours.
They also know if they sue you and lose.. then you have an air tight case against them that you won't lose. |
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jimcote1
 |
screw them - don't pay |
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nonldsinutah
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I am sure the debt is past the Statute of Limitations. That is probably why they are hounding you.
What ever you do STAY OFF THE DAMN PHONE!!! budhibbs.com and debtorboards.com has really good info on how to deal with JDB's (junk debt buyers).
Again, STAY OFF THE DAMN PHONE!!!!
Let your answering service take their calls. Hopefully they will say something threatening so you have it recorded. DO NOT ERASE IT if they do. When you file your lawsuit having their sewer mouths on tape will force them to defend their actions. Hint: They won't be able to and you could collect a nice check!
Anyway, go to the above mentioned websites. You will find a lot of information and help there.
Good luck!! |
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Vic Q
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legally after 6 years the debt becomes bad and is written off, but if a debt collection agency like mackenzie hall contacts you dont admit to owing thr debt as the 6 years start again just ignore anyone that asks youfor any money and if you cant just tell them to bog off. remember never admit to owing the debt. |
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wrkey
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You are still obligated to pay it back. Depending upon the size of the amount and the tenacity of the collectors, you could find yourself in a lawsuit. Here's my suggestion: Turn the tables on them. Collectors want the upper hand their objective is to get as much from as you possible. They will make deals that they can easily back out of and then ask for more. Soo.... becarefull.
Here's what you do.
Wait for their call and then ask them what the minimum acceptable amount is. Bargain this amount down to as low as you can. Now you have an amount. Tell them you need a day to consider and ask for a number to call them back.
They will ALWAYS try to tell you that the deal is only good for today.. or by some date in the VERY near future. Don't buy into it... if the debt is that old... a few more days won't matter.
You decide what you can pay back and what rate (all up front or x-amount per month). Make sure it's affordable for you! Then call them back with your decision.
Give them your numbers and tell them that's the deal. If they don't want to do it... say.. ok... I can wait another 10 years.
Once you have them agreeing on the phone for the deal. Ask them for a letter on their company letter head with the appropriate signatures that spells out in detail the deal. Make them include the account numbers, their and the original account company's name and account number. Most will be reluctant to do this.. because if you have it in writting they can't 'back out' and ask for more money. If they refuse, say you can wait another 10 years.
Keep the upper hand.. always... you have the money... they want.
When you get the letter, proof read it and I bet you'll find in accuraccies and ommissions... such as a SIGNATURE. Wait for their call.. then tell them they didn't do what they were supposed to do... make them do it again. (A little payback is fun!).
In the mean time, get a current credit report for yourself and verify the debt is on there. If it's not... tell them to kiss you butt. If it is.. make sure the account numbers are EXACTLY the same... if not... wait for them to get it right.
After a while.. they will either get it right.. or give up. However, if it's on your credit report.. you will have to take care of it sooner or later.
I followed the exact method described above and it took me 1 full year to get it right and even then it was a 'flakey deal' but it was resolved to my new mortgage companies satisfaction.
Just remember, get the upper hand and keep it. Demand they produce a LEGAL document with the deal details correct. In my case they actually delayed sending me the letter so that I would get it the day before the expiration date and then they wanted me to wire them the money and then stated that if they didn't get it 'recorded' soon enough.. it wouldn't make the deal date.
Soo... be diligent, be careful and be nice... until it's not time to be nice anymore.
Good luck and I hope this helps! |
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poet1b
 |
After the statue of limitations has passed forget about it. These companies rip people off all the time. Tell the collectors to stop calling, they have lied to you about your obligation. Deny that you owe anyone any money. It was written off long ago. Any money you pay will go only to the debt collectors, and those guys deserve nothing.
Any credit companies that list the debt, send a letter telling them it does not exist, and you have no record of such debt. They must then show proof that the debt occurred within the required time frame. |
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sicrmaniac
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Make a lowball offer and they'll take it. But get it in writting before u send any payments. |
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essentiallysolo
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you made the debt, you are obligated to pay it back. |
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Barcadcadacada
 |
Send them a letter, tell them the debt is between you and the debtor and not to contact you. Alot of companies are buying these old debts because if they can get you to make even 1 payment your back on the hook for the whole thing even though statute of limitations is run out. They have nothing to stand on.
Also according to the fair credit reporting act they can't call at all hours and they can't harass you. |
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murphyrr
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no way to get out of it that I know about. I had a similar problem. It sucks, but do what ya gotta do. |
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BILL S
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DON'T PAY IT. CHECK ON THE STATUTE OF LIMITATIONS IN YOUR STATE. |
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Barrel Bottom
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If it is a debt owed to the IRS there are no statue of limitations.
Otherwise the question is how consistent has the debtor been with trying to collect the debt. If they just started to try and collect after 10 years, it is not collectible in any of the 50 states.
If they have just recently given the debt to an agency for collection you can probably tell them in writing to go pound sand. If they continue to harass you then you need to consult an attorney and you may even be entitled to some damages. If you are in California, you are in luck but each state has laws in place that limit the ability of collection agencies to pursue you. |
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ready2go67
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You owe what you owe.. if the credit co paid off your lenders now you owe them.. there is NO time restriction.
I'd suggest you pay up or your credit will be effected indefinitely. |
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