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susuze2000 | I am being chased by debt collectors for a debt that i paid off 14 years ago! Is this legal? |
I was a cosigner in an apt. We had to break our lease so paid the $540.00 reletting fee and moved. Instead of actually subletting the apt, the apt complex left the door open to squatters and they trashed the place and the apts charged us $1400.00 for repairs. As a cosigner, i paid half of that fee, and they said (on tape) that they would not hold me responsible for the remainder, but after I made that last payment, they refused to honor their agreement. and now for the last 14 years they have sold this "loan" (which it isn't) to different companies over and over and each new company says that they have a new 7 years to collect on it. |
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Sgt Big Red
|
This is totaly false, they (which ever collection agency now holds the note) CAN NOT list this debt on your credit report as per the following:
RE-DATING OF THE DEBT IN VIOLATION OF
[CITE: 15USC1681s-2] § 623. Responsibilities of furnishers of information to consumer reporting agencies
a) Duty of furnishers of information to provide accurate information
(1) Prohibition (A) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
(B) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if-- (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.
If this debt is on your credit report dispute it immediatly.
Even though the debt is beyond your States SOL on proceeding with civil action, they can still annoy you and ask for the $$$ but can not garnish wages, place liens or take legal court action.
If you have anything in writing to show what the original agreement was with the original creditor and that you have met your end of the deal, send them copies with a "cease and decist" letter. If all you have is a tape recording, contact your local court clerk and see if they will transcribe the tape and make it a legal document. (you may have to pay a fee).
As to those who tell you they have a new 7 years to collect, tell them to go pound sand. Advise them you are aware of the above mentioned section of the FCRA.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice. |
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christian B
 |
That is way past the time of being legally collectable, They are just trying to give you misinformation, the collectablity of the debt is based on the inital time of debt, it is irreleveant that they sold the accounts. I have had the same issue with past debts, that seem to resurface every now and again, however none show on my credit reports, cause they can not provide documentation within the legal time frame. I would consider this harresement and inform them of such, and let them know you will sue them for harresemnt if they continue.
By law they are required to stop attempting collections, once you have informed them that they are harressing you about a debt that is no longer collectable. Let them know that you are willing to get an attorney if need be, and you will sue them to the full extent of the law.
Regardless there is no legal action they can take against you, so I wouldnt worry about that part of it. If This debt does appear on your credit report, disupte it and once the credit company researches it, and finds out how old the debt is they will be required to remove it. |
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jdub310
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Try to get a copy of that tape. You should dispute it with all three credit beaureaus and get it taken off your credit report. Each credit beaureau will hold an investigation into the matter to deem if you are liable for the money. If there is a tape, let the credit beaureaus know of this in your letter to them and they will ask for it as evidence. If the company cannot prove that you owe the money, then they have to remove the disputed item from your credit report. |
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Cecilia M
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You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt |
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stan c
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The SOL ran out. Just send a cease and desist letter, 1 regular and certified and make a copy. if the certified comes back un-signed, do not open it because that's the only proof the letter was sent |
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SlimMick
 |
Nope....unless they got a judgment against you, there is only ONE seven year cycle...this cycle CANNOT be re-started by new debt collectors buying the account.
Send a certified letter with return receipt to the collection agency and state:
Per the Fair Debt Collection Practices Act, I am requesting:
- written validation of this alleged debt
- validation that said alleged debt is within the statue of limitations
Per the Fair Debt Collection Practices Act, cease verbal communications with me. |
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Iceman
|
hmmm, your royally being screwed over which you obviously can tell. Well you could of taken this to court 14 years ago but now that its been 14 years ago, its most likely useless to even goto court to settle this....ever thought about getting a name change and a Private phone Number and rarely give the Number out....its how i have stayed away from bill collectors for years and if any are able to find your number yet even as private then you better check with whom you have been giving your Number to to find out whom is giving it out.
hope i helped some... |
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mike1942f
 |
Sounds like you need to start with the district attorney and maybe a private attorney and get a court order to stop them. |
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Carl F
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Just because somebody says you owe them money doesn't mean that you do. Tell the next caller you have already paid the debt and if their records reflect something different, tell them to sue you. Practically speaking, most companies won't sue to collect a debt less than $1,000. It just isn't worth it.
As for the harassing phone calls, I suggest you contact the Better Business Bureau (rather than the DA, as suggested above) to see what they recommend. If all else fails, change your phone number and pay for it to be unlisted.
Different companies buy "receivables" at a discounted rate in an attempt to collect them. In accounting circles this is called "factoring receivables." It is a flyer on their part and what the new companies are trying to do is basically bully and intimidate you into paying. Stick to your guns and fight back. Don't cave in to them! |
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happypants
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i got this from another person from a different question:
"There is only one 7- year reporting cycle...this cycle cannot be re-started for any reason...regardless of how times the debt changes hands from various debt collectors.
FYI: The 7-year reporting cycle is separate from the statue of limitations. The statue of limitations refers to the amount of time that a creditor can take legal action on a debt. The 7-year reporting cycle is the time allowed for for credit bureaus to reporting negative info on your credit file. This 7-year cycle can NEVER be re-set....The statue of limitations can be reset by making a recent payment or acknowledging the debt as valid in writing, for example."
so, if you have paid them something, it can be re-set, base don what that guy is saying |
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cubanchongo
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You shouldn't have even agreed to pay any portion of the 1,400, it wasn't your fault..plus that "loan" is past the statue of limitations |
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Manda79
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That stinks, and it sounds really shady. I think you need professional help on this one, but I'm not sure who from. That's a long time, and a long, twisted path. It's got to be one messy paper trail. You might need a lawyer? The apartment complex should be sued, for sure. It's their fault, and their mess. There's no way you should be held responsible for that. |
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Crazyjester9
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I'm pleasantly surprised that we actual have a group of good solid answers this time, including Slimick and Sgt Big Red, who are always giving good advice.
I'd do like suggested and send a demand to validate letter. Chances are that will be the last you hear about this matter, but feel free to email me if you need any help. |
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koji n
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depends on country's laws, some may be "prescribed" or elapsed in statue of limitations |
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R Garnet
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Don't pay them. They are in breach of contract and you are not liable to pay if they are in breach of contract. |
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