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Mario W | What are my rights when a creditor calls to collect a ghost debt from an account I had over 13 years ago? |
They said they purchased the account and I had to resolve it because they purchased it from the original creditor.
It's been longer than seven years and it should not be on my credit report. Am I still obligated to pay this account? |
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∞infiniti∞
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Legally, no you have no obligation to pay after the Statute of Limitation (SOL) has run out. For your State's SOL check the link below,
http://www.cardreport.com/laws/statute-of-limitations.html
Send them a "cease and desist" and include a paragraph informing them that you are aware that the SOL has run out.
Debt collectors can attempt to collect on a debt forever banking on your ignorance of the law. |
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J. W. H
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there is a federal law that gives you the right to be free from the calls.. but you must put it in writing.. if they call you again.. get the address and send them a certified letter and tell them that they may no longer call you.. they still have the right to contact you by mail.. but they cannot call you.. if you make the mistake of paying even one penny on the account.. you will reopen it and it then can be reported on your credit file.. DO NOT PAY THEM ONE CENT.. it has gone beyond the statute of limitations.. tell them to shove it.. good luck |
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Beth
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I think some loans don't have a statute of limitations, and also I think they begin counting the 7 years after you've been reported to a debt collector, but otherwise you should not have to pay this. |
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Dr. Deth
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13 yrs ago - tell them to pound sand and watch your credit report. If it all of a sudden appears on it, write to the credit bureau and explain this debt was 13 yrs old and someone just bought - I can't believe a company would even attempt to try and collect on something that old - usually businesses would have written if off to bad debt expense and erased it from their accounts receivable and no one in the future would even know it existed |
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UntilTheMorning
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If the first delinquent date was 13 years ago & not the date that you opened the account – Tell them to hit the road. Send a formal letter through the mail with delivery confirmation. Advise the collector that the debt is over the statue of limitation & to cease communication with you. |
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Dewey K
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Tell him to get lost or you will report him for harassment.
Read the information here:
http://www.1-800badcredit.com/credit-card-debt-counseling.html |
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David in Madison
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No. That should be ancient history. There are some exceptions, like college loans and in some states, medical bills. If it is a credit card or store card bill, only your conscience will determine if the bill gets paid. The courts couldn't care less after all these years. Tell the caller to cease and desist or you will take a restraining order against them. |
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twv23512653
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A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than $75,000 a year; and information reported because you've applied for more than $150,000 worth of credit or life insurance. Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.
What to do if you are contacted by a creditor and the debt expired under the Statute Of Limitations?
The only thing you need to say to the collector is, "I have an absolute defense because under the Statute of Limitations, the debt has expired."
Just remember that The Statute of Limitations does not cause your debt to disappear after it has expires. If a creditor files a civil lawsuit, the person has an absolute defense to use against the creditor in court. They must present the new evidence in the court to avoid a potential judgment. You file the proper papers to the court to support the claim of a absolute defense. If the creditor tries to sue ,in a court of law and you do not prove to the court that the Statute of Limitations has expired, then you will have automatically lost lawsuit and a judgment will be issued against you. |
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CHRIS V
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It depends on what state the debt originated in, they are all different. Yes, the trade can drop off of your credit report, but the statute of limitations is usually much longer to pursue a debt. For example, the state of Ohio has a 15 year statute of limitation. So...the debt can be pursued for 15 years. |
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Richie D
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There is nothing legally they can do to you. State to them that the debt has been previously satisfied & to CEASE & DESIST from ever contacting you again in regards to the matter. That should clear everything up. |
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