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cz73kz | If he doesn't pay will it show up on his credit? |
My boyfriend just got a phone bill in the mail from 9 years ago. He didn't even know anything about it, and when he did a credit check a few months ago for something else, that wasn't on it.
His credit isn't all that great, and we are trying to pay off other things to try and get back on track. I said we should just blow that one off..
I would think after that many years it already affected his credit and couldn't do any more, could it?
Do they even technically have the right to collect after so long? |
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Curtis R
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no collection agency are like id theft rings the more information they get the more they use against you
call a attorney have him write a letter |
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Andy U
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Below is a link to the statute of limitations for unpaid debt for each state.
I am not familiar with what state you are from, but what it sounds like 9 years is more likely than not past the statute of limitations for collecting debt.
I would check out the link listed below for more information. This is probably a collection agency sending you this letter, tell them they are wasting their time.
Hope this helps! |
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OC1999
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Several answers are mixing up two very important items.
The Statute of Limitations is the period of time a creditor has to file a suit against you. This varies by state, but if this is a 9 year old debt he is outside of the SOL in just about every state. If he makes payments on this at any time that COULD reset the SOL.
The other is the amount of time it can be reported on your credit report. This is 7 years and does not vary by state or can not be re-aged reguardless of if you decide to pay it. So even if you happen to pay it now, it still will not appear on the credit report.
Now, until a debt is paid a company can "technically" attempt to collect the debt. In your case this was bought by a Junk Debt Buyer who hopes that people do not know there rights and pays the bill. Even though they are no longer legally bound to do so. All you need to do is send this company a Cease and Desist Letter stating it is beyond the Statue of Limitions and the time it can be reported per the Fair Credit Report Act(FCRA). That they are to no longer contact you about this debt. Send it by certified mail and if they contact you again, other to say that they will stop, you can sue them for $1000 per violation of the Fair Debt Collection Practices Act(FDCPA) |
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Lady Rhianna
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They can collect on it. It's a bill he made and he owes it. I applied for electricity and found that I owed a light bill that was 21 years old from when I rented an apartment. My brother was living there when I moved out and and he said he would take care of it, but he didn't. I paid it because I owed it, it was in my name.
This didn't affect my credit but it could have if they had turned it over for collections. |
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Craig T
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"Do they even technically have the right to collect after so long?"
That depends. If they went to court and secured a judgement from a court of law, that never expires. If no judgement from a court was secured, the statute of limitations has expired and while they can attempt to collect you have the absolute defense of outside the SOL |
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robert w
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visit daveramsey.com to learn ur hard lessons from others mistakes.
DO NOT pay the bill until They provide proof of the bill and contract that HE signed.
this is a new way of scaming people who don't owe the bills. |
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Christopher H
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This would have only stayed on his credit for 7 years from the date it became delinquent. The company should have already charged it off. This did affect his credit score for 7 years, but no longer does. The statute of limitations is generally 3 to 6 years, so this company probably can't still collect it, however they may still be able to depending on other factors.
Is this a new notice or the actual bill from 9 years ago? If the notice is recent, then your boyfriend should contact the phone company to discuss the matter. If the bill is 9 years old he might still want to contact the company, however the name has probably changed and he might not be able to find someone with any record of his account, in that case I wouldn't worry about it. |
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Matthew B
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while the statute is in place, the key date is the date of last acknowledgment of the debt. So if your boyfriend talks to them and he admits that it is his debt, that can be acknowledgment and the clock starts ticking again.
The best thing to do here is to dispute the debt (the notice is required by federal to state how and where) in writing and state that the debt is out of statute and keep all copies of the correspondence. If the collection agency is ethical (now stop laughing, most of them are), they will back down, if they don't you may have to refer this to the FL Attorney General's office. |
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Sgt Big Red
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This is an attempt to collect on a time barred debt. Many junk collection agencies will post his to a persons credit report just to make them pay.
You have a right to contest this entry and have it removed. There are procedures you can do yourself to get rid of this problem.
Here are some links to find what you need to do and find sample letters.
The clock on debt will reset if you pay this charge off and will remain a negative for seven years from date of last activity (the date they receive payment).
If you decide to ride it out, then the clock is considered to start from the last month/year of delinquency (last missed payment).
Check your states Sol at the following link
http://www.fair-debt-collection.com/sol-...
If this debt is time barred, then just let it ride out.
http://www.fair-debt-collection.com/index.html
I invite you to join the following Yahoo group "DontGetRippedOff" dedicated to helping those in financial trouble, Here you will find information to help you with debt collection agencies.
http://finance.groups.yahoo.com/group/dontgetrippedoff/ |
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