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 Posted: Tue May 09, 2006 12:40 pm Subject: a collection call for someone else |
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Recently, I received a call from a company trying to collect on a bill that my boyfriend has leftover from his young and doesn't have to pay anything days a few years ago. Since he just paid off a card, I'm sure it made this company take notice. Since my phone number is on the report (as he was using it for a brief time) they called me. I instructed them that this was not his number and gave them the correct number. However, it's been a few weeks and he has not received a phone call. We want to work this out with them and would like for them to call. Is this something we should find the collection company's contact information on or wait until they finally decide to call again?
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Ehwin
Joined: 11 Apr 2006
Posts: 147
Debtcc Points: 3903
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| Posted: Tue May 09, 2006 1:51 pm Subject: |
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Hi
You are not responsible to pay the debt unless you have jointly signed for it. You can help you boyfriend come out of this debt by showing your presence to him. 
The collection agency has to put the complete details of the debt in writing before you send any money or make a commitment. The original creditor must be identified along with calculation of the interest rates till this period.
I will also like to check the SOL period in your state before paying anything. If the debt is past the statutes, you can legally refuse to pay anything. You just have to send a written statement mentioning the expiry of the SOL. The SOL usually expires after 4 to 5 years depending upon the state laws. This is calculated from the time last payment was made on the said account.
Considering all the above factors, the collection agency has to put the complete details in writing. If they have not sent you anything, you can send a debt validation letter from your side. Send the letter through certified mail with return receipt requested. You need to have everything documented in a file for your own records.
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curlycarl
Debt Samaritan
Joined: 21 Jan 2005
Posts: 636
Debtcc Points: 12067
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| Posted: Tue May 09, 2006 2:14 pm Subject: |
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let me try that again... Interesting about the SOL period. Does that apply to the state you currently live in or the state the debt was incurred. He lived in Seattle at the time and it is for an energy bill. We now live in Arkansas so would I need to look up the laws for WA or AR? Once the SOL expires, does it completely fall off of your record?
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Ehwin
Joined: 11 Apr 2006
Posts: 147
Debtcc Points: 3903
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| Posted: Tue May 09, 2006 3:09 pm Subject: |
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Ehwin,
SOL of that state is taken into consideration where the account originally took place. You will have to look up the SOL of WA. In WA, the SOL expires after 3 years from the date of last payment activity. Make sure that there had been no payment made on this account in the last three years before you bring up the statutes of limitations.
Negative information will stay in the credit report for a period of seven years from the date of first delinquency. Once the debt is past the SOL, you can't be forced to pay it and no legal actions can be taken against you. But it will still stay in the file for the stated seven years. However, paying off the account will improve the credit scores even after the expiry of the SOL. Be sure to check the state laws before you apply the statutes. Let me know your take on this after discussing with your boyfriend.
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curlycarl
Debt Samaritan
Joined: 21 Jan 2005
Posts: 636
Debtcc Points: 12067
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