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SWIFT PAYMENT CENTRE
IKEJA LAGOS-NIGERIADATE: 13TH /04/ 2007.
ATTENTION OF MR. JOHN JONES
I WISH TO REMIND AND ALSO TO INFORM YOU THAT THE REQUESTED FEES FOR (COT) WILL BE... |
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jenna s | SOL with credit card debt? |
I had a discover card had a balance of 4k with a last payment in july of 2000. i got sick and was unable to pay. I am getting threating calls by a lawyer that works at N&CO that he is going to sue for 9k with all of the intrest and fees. He did say too that he will come with the athorities and conficate things to sell to satisfy the debt.
I knew right away this sounded fishy, changed my phone # and talked to a friend they said that there are Statue of Limitations with these things to prevent actions like these. When i took our the credit card and got sick i lived in Iowa, now i live in Minnesota if that helps.. I dont know what to do i havent heard from anyone about this in 6 years
Thanks |
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Studly
 |
I love to point out bad answers...but gosh! So many of them!
jimbobbighouse, Russ D, do your research! Yes there is a SOL on debts. Yes, this debt is beyond it, and there is no legal obligation to pay it.
Should he? Well.....
Six years ago the contacted her and gave her a choice. Pay the debt, or they will trash her credit report for 7 years. Well, she has now had this debt on here credit, it's ruined her credit history....and you expect her to pay it again???
The SOL was put into a law for a reason. The creditor has only 6 years to go to court and file a lawsuit. If, as you say, they were just too busy and didn't get around to it.....what kind of excuse is that? Can I use that as an excuse for not paying my bills?
They screwed up...so now they lose their chance to sue. That's how the game is played.
Jenna, you need to keep an eye on your credit reports, and occasionally check with the court in both Iowa and Minnesota top make sure they don't try and pull a fast one on you. There is NO law that says they can not sue you after the SOL runs out.....but once you go to court and give an "affirmative defense" by stating the SOL has expired, then they will immediately dismiss the lawsuit.
The problem is if they file in Iowa, they are real good at falsifying court papers, and they will show that you were notified of the lawsuit. If you fail to show up, then they win a default judgment against you.
So what you need to do is send the collection agent (and the credit card company) a "demand to validate" letter. Inform them that the SOL has expired, and that any further attempt to collect will constitute fraud under the Fair Debt Collections Act. This letter will a also make it very easy to contest any lawsuit they may win by default in the future.
You need to understand the law, and understand your rights! Do some research. Start with the link below. |
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Cali-Gal
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Studly is absolutely right on the money! However, The Scorpion must be too busy hiding in some closet keeping himself in the dark. "No statute of limitations"........OH PLUHEEEEEZE, give me a break. Studly's link that he provided tells it all. My advice to Scorpion.....get out of the dark, click the link and see the light!!!!! |
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SPIFIMAN1
 |
The statute of limitations on credit cards is 5-years in Iowa and 6-years in Minnesota.
If this time has passed, tell them to pound sand. There is nothing they can do to you legally. They can call and bug you, but they can not take you to court and without being able to do that, you have nothing to worry about.
Additional information. There is no such thing as restarting the S.O.L. when it's up, it's up period. Same is true for the time that the accounts can show on your credit report. This is all explained in the Fair Credit Reporting Act. |
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AnOrdinaryGuy
 |
Dear Jenna,
If you get any more calls or letters threatening a lawsuit over the credit card debt you should contact the Minnesota Attorney General's office (below). I strongly suspect the statute of limitations has passed. Normally, it starts to run from the date of the last payment, and normally it's about 3 years. However, the applicable law might not be Minnesota's--it might be whatever state is specified in the original credit card agreement. If the debt shows up on your credit report, and it's more than 7 years old, you can contact the credit reporting agency and ask to have it removed under the Fair Credit Reporting Act. |
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Ask M
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Quit talking to them on the phone. Get everything in
writing.
Write a Cease Letter and a Letter to Validate.
They are just trying to get you to pay and just because
they are from a LAW OFFICE, they are ACTING as
debt collectors.
www.creditinfocenter.com |
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∞infiniti∞
|
You have no legal obligation to pay this debt. In order for the debt collector to put liens on you property or garnish your wages, they will first need to get a civil judgment against you. Se them a "cease and desist" letter and include a paragraph stating that you are aware of your rights as a consumer and that the Statute of limitation has expired. If these scumbags should decide to sue, you must answer the summons to avoid a default judgment. Use the Statue of Limitation as an affirmative defense. The lawsuit should be dropped.
Good Luck! |
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Russ D
 |
My first question to you is do you desire to settle the debt, or are you just trying to get out of your obligation to pay them back for stuff you bought? If you actually want to settle it, just get in touch with the card company and tell them what happened and that you want to settle at X dollar amount. They'll be happy they got something and you'll feel a whole lot better about yourself, not worrying about what if. |
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todamnlovable
 |
Ring the credit card company and ask them where it has been passed to.
Make sure that guy was legit.
Then ring that company and make an agreement to pay a certain amount off each month.
You will have a nasty credit rating, but worth paying it off, because if you ever need to borrow money again it will help so show that you did pay it off |
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Kris
 |
I found a wonderful list of statute of limitations on the Suze Orman website when questioning my issues.
If the Minnesota laws are longer year wise, they may be going off of that and I think they can.
More than likely, you are about at the END of your statute of limitations which is why they are now contacting you. if they can get you to promise to pay or anything like that they that starts the statute of limitations all over again.
So go to Suze Orman's site and see what your state laws are. Then write a letter of cease and desist. Then if it is over the statute of limitations, I think there is a letter to use as a guide on suze's site too to get them to stop contacting you if it is over the statute of limitations.
Discovers collectors are nastier than hell. I was paying them and they STILL sued me and I was paying MORE than the minimums. They are jerks (people can say what they want and call me names but they don't know what you are going through till they have been there).
BUT I dealt with NCO on another account and they are ruthless. I can say the person who kept trying to get me to refinance my house was not nasty but was very nice to me in turn. BUT I was filing bankruptcy and just dealt with it till they got the stay order for my bankruptcy.
BUT like I said NCO can be nasty.
They can try to sue you but I will bet that it would be a civil case first off, then they will try to mediate first if it goes that far, then the representative for them and you have to agree to something with the mediator. If that fails, then it goes to court where a judge can either issue judgment or dismiss it all. You never know. Depends on the situation, the debt, the judge etc.
BUT I would bet they are trying to rattle you to get you to recommit to the debt so that they can start the statute of limitations all over again. Don't let them get to you.
Make sure your phone number is unpublished and private or they will in time find you again.
edited to add: I take it you just did not pay it. If you filed bankruptcy then it is illegal what you are doing and they are forever barred from collecting from you and can not contact you or they are going against federal court orders and can be sued in turn. |
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jimbobbighouse
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But... i mean, you got sick, weren't able to pay - but then figured you just didn't owe the money anymore?
$4k is not a lot to Discover, so maybe you were on a list of "people to collect from" and it has just taken a while for you them to get to you -- or maybe they couldn't find you since you moved...
To do - call Discover. They should be able to tell you if they think you owe them money, or if they sold your debt to a collection agency.
I'm very surprised this is coming up after six years, but I don't think there's a statue of limitations on paying back debt, and I don't think you should just ignore the situation and hope it works out -- what if they do seize your property or come with the police? |
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The Scorpion
 |
No there is no statute of limitations, collection firms can keep selling this debt to other agencies as long as they want to so that theoretically it never goes away and as long as that's the case it will stay on your credit report also. These firms have no ability or desire to actually sue you, that's just a threat they use hoping you will pay. You should get a copy of your credit report and see if this debt is on there, my guess is that it IS on there and it is then of course hurting your credit. There should also, maybe, be a phone number on the report or somewhere where you can call and negotiate a settlement. You don't necessarily have to pay the entire debt but as long as a settlement is made and paid, this will remove it from your credit history. |
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