I have just recently started getting calls from a debt collector, regarding a bill that is over 4 yrs old. I have asked them to show me proof that this is my bill and in which they have submitted that to me. Do I have to pay this? And what do I do from here?
Debt Samaritan
Posts: 5223
Credits: 71531.316580171 Send message to OhioGal1
What state do you live in and have you received anything in the mail?
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
I live in Maine. The statue of limitations in my state is 6 yrs. No I have not received anything by mail. They had submitted the bill to my email address.
Debt Samaritan
Posts: 16534
Credits: 288574.80668969 Send message to SOAPLADY
What did you receive from them??? Proof of the debt? Something with your signature on it?? If yes, then you do have to pay it or at least legally you should.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Are you still there?
Thank you.
Debt Samaritan
Posts: 5223
Credits: 71531.316580171 Send message to OhioGal1
What kind of debt was this?
You received an email? This sounds fishy to me. Was this a payday loan?
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
Posts: 16
Credits: 296 Send message to mrconsumerprotection
I am sure I will get some opposition from OhioGal, as she seems to think I am full of it.
If it is a debt, it really doesn't what kind of debt it is, you're still legally supposed to pay it. The first thing I would ask is did you really have a debt with them or the original creditor? Second, who is the debt collector and where are they located? Third, is this account charged-off and if so, what is that date? Forth, were they hired or have they purchased the debt? These questions as you see are a bit more detailed yet makes a big difference of how you might go about things. Running a consumer protection center I am a bit more aggressive with collectors than the ladies are.
If the debt has been charged-off four years ago and this is where OhioGal will disagree but, if no payments have been made, you have almost reached the time limit with the SOL of 6 years. If they don't want to send you anything on their paper letter head via snail mail, you could certainly send them a cease and desist letter and hope that nothing happens in the next two years. I don't recommmend this but I have had clients do that and they did get away with it.
However, if the debt is like a couple of thousand and you pay like $50 a month for the next year and then stop. It can and will reset the SOL to 6 years from the last activity. OhioGal will beg to differ, but believe me, a court or judge will ask you why you paid and then stopped hoping to be exempt under the SOL. Trust me it doesn't work that way!
I wouldn't accept an email bill or demand for payment, especially with the age of the debt. Have them put it on paper with their letterhead and send you the details of the alledged debt.
I would also check your credit report to see what may be listed and if they are reporting anything negative. If you did have an account with an original creditor and the account was sold or transferred, it should say so in the comments and that is it. You can't report two or more accounts for the same debt. If so, dispute it with the credit bureaus.
Posts: 70
Credits: 1239.65 Send message to usernameislame
You do realize the level of disrespect you are displaying in your responses, do you not?
Debt Samaritan
Posts: 16534
Credits: 288574.80668969 Send message to SOAPLADY
Quote:
Excuse me?? FYI....I am an ex attorney AND an ex debt collector. DO NOT hand me your BS or we will be showing you the door.
Quote:
Ok...now you are giving out totally incorrect information. Two credit lines most certainly CAN and do legally report for charged off sold accounts. Both have a legal right to report.
And as to whether the SOL is reset by a partial payment depends on state law. I will argue with you on that and so will ohiogal.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Debt Samaritan
Posts: 16534
Credits: 288574.80668969 Send message to SOAPLADY
Found the post...
Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the orginal creditor and/or collection agency. If you live in one of these states, simply sending in a check doesn't restart the clock. The statute of limitations is only extended by new written promise to pay in these states:
Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconin
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
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