Debtconsolidationcare.com - the USA consumer forum

Can the collection agencies continue to collect after SOL?

Date: Fri, 10/20/2006 - 09:55

Submitted by anonymous
on Fri, 10/20/2006 - 09:55

Posts: 202330 Credits: [Donate]

Total Replies: 14


Hello,

This is my situation. I live in Texas and I have a couple delinquent credit card accounts dated about 10 years ago.

I kept receiving letters from collection agencies (they keep changing companies) offering lower payments. Since these are so old, I continue to ignore them.

Now, yesterday someone called my office and left a message. He did not stated the reason he called but he asked me to call him back. The number is 866-407-0200. A quick search showed that the company's name is Synerprise Consulting. I believe it is a collection agency.

Yesterday when I got home, I quickly went thru all the letters I had received in the past, there was no letter from this company. So how can they call me? Now this is my first question.

Browsing thru your forum and it opened my eyes a little. I understand the collection process a little more now. So my 2nd question is regarding the last letter I have received from another collection agency called NCC. Just like the previous collection agencies, NCC is offering a lower payment to settle the debt. But the following paragraphs caught my eyes:
"Unless you dispute the validity of this debt or any portion of it within thirty (30) days after receipt of this notice, the debt will be assumed to be valid."
"But if you owe this debt, you will still owe it and the debt may still be collected from you"

What does that mean? Does it mean they can bring the account current even though it has passed the SOL?

Please help.

Thanks.

Peter Y.


From the sound of it, those are way past the SOL, both legal (state) and reporting SOL

Have you pulled your credit reports to see what's on there?

I would like to direct you to google "credit repair forums" and visit there, as they are extremely helpful and knowledgeable as well! This board is helpful also, but many many of the topics only deal w/ PDLs.


lrhall41

Submitted by on Fri, 10/20/2006 - 09:59

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I know most companies run through individual credit reports. Maybe Synerprise Consulting viewed your credit report from the bureaus and from there, they got your contact information. If they have details of this debt, they must send it in writing. Get the debt validated by them so that you are sure of talking to the right person about this debt.

The same rule will apply on the other collection agency also. You have to dispute any item that you find incorrect in the details given by them. If you don't respond to their debt validation, the debt will be assumed correct and you will be required to pay it.
Now, the SOL is something that you will have to check for your own safety. You will know about the company can take legal actions or not depending upon the status of the SOL. At this time, I can only assume that collectors don't have any chance of getting a case against you because the debt took place 10 years back and maybe the SOL of the state where this account took place has expired by now. You have to confirm this with your state laws. You can still pay the debt if you wish. At this time, the negative info shouldn't appear in your credit file, but if you decide paying it, the positive thing will be there in your credit file.

(Hey Dennis, if you read my post, let me know if the explanation is going correct)


lrhall41

Submitted by ArDeN on Fri, 10/20/2006 - 10:25

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Thanks for the information. I will check out the credit repair forum.

However, I still need to know if the statement of "But if you owe this debt, you will still owe it and the debt may still be collected from you" correct? Can they still collect or just bluffing?

Please clarify. Thanks.

Peter Y.


lrhall41

Submitted by on Fri, 10/20/2006 - 10:26

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They can continue to call you until you pay the debt. They just can't sue you. They can continue to report the account for ten years in the state of Texas.

It really just depends on how much effort they want to put into it.

The SoL doesn't resolve you of responsibility for somehting you took without paying. It just protects you from being sued.


lrhall41

Submitted by FYI on Fri, 10/20/2006 - 12:14

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Ok FYI, I recently learned that an expired SOL protects someone from legal actions only. A payment doesn't renew the SOL because the agreement with the company went into default after the first missed payment. If I assume this is right till here, then please tell me on what chances can a collector get a legal hold back again after the SOL already expired.

If a person pays his debts before the agreement defaults, it's normal. If he pays one account sometime later after the agreement was already in default and after the expiry of SOL, what's the catch that benefits a collector/credit company besides they get their money back?


lrhall41

Submitted by Flying Cats on Fri, 10/20/2006 - 13:38

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The only thing a collection agency can't do after the SoL expeires is sue you. They can report up to the ten year period and they can continue to call you after the ten year period.

It really depends on the debt if they are going to even bother with you after the first seven years. You can get things removed after that but they can put them back on. I've seen it done and I know people it has happened to.

The catch is money and contracts. If the debt is still with the origional creditor or sold. Many collection agencies have contracts with lender to buy the debt or collect for the company.


lrhall41

Submitted by FYI on Fri, 10/20/2006 - 15:46

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So, any day, after the SOL expires, I can do a payment when I wish to. I shouldn't be bothered about any actions taken by a creditor or a collector after the sol expired and I did a payment and then stopped again??

If I stop making a payment, I will hurt my credit only but won't fall into any kind of legal stuff. Right??


lrhall41

Submitted by Flying Cats on Fri, 10/20/2006 - 16:52

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Ok, a collection agency buys your debt for pennies on the dollar figuring they can make a profit. But by doing so they take it upon themselves pay off who you owe. Now the original contract you agreed to has been settled. So my question is this. Unless the collection agency can produce a contract, with your signature stating that you owe THEM the money, how is it they can collect from you. I have heard that this was challenged in court and proven to be illegal. What gives?


lrhall41

Submitted by on Sat, 07/05/2008 - 15:35

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1. Paying your debt after SOL is past will not clear your credit record or award you with better credit score. So Do NOT Pay them.
2. By even accepting the debt on the phone with these collectors or responding to their collection letter, or making any portion of the payment, you are allowing them to renew SOLs.
3. Most debts go away in 7 years, some stay for about 10 years (10 Years is for bankrupcy).
3. If what collectors are claiming that you owe them is not on your credit history, then ignore these bastards! Do NOT talk to them since they cannot even prove that you owe them.
4. You can legally make them STOP contacting you, but that doesn't mean they can not sell it to another jerk credit collector. There is a procidure how to STOP them from contacting you.
5. If your debts are over 5-7 years old and these idiots have no way to prove you owe them, you can even sue them.
6. DO NOT PAY THEM.


lrhall41

Submitted by on Tue, 07/24/2012 - 00:42

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