statute of limitations

It is true that it can be collected at anytime but only if the debtor allows it to happen. You have to invoke that statute against the collection. The collectors rely on the ignorance of people. I have had them try to collect ten year old utility bills.

The SOL does not stop them from trying to collect, they are not supposed to sue if the debt is outside the SOL. They still do and win if you do not go to court, I made a mistake years ago, the debt was outside the SOL. I was served, I did not show up at court, a default judgment was awarded. It's gone now but if I had only went to court they would have never been granted the judgment.

To stop them from calling you send a "Limited Cease and Desist" only allow them to contact you through the USPS. Send the C&D certified mail return receipt requested(cmrr).

If you are within the SOL like you said you are in your post then you need to be careful, you don't want to push them to sue you. I'd send a "Demand for Validation" (DV) CMRR and then go from there.

To stop them from calling send them a cease communication letter by certified return recept mail.

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Don't company get a write off on taxes anyway for old debts? So that when they sell your old account to a collections agency for a fraction of the cost ,the company if the collect get the whole amount amd the Orignal debtor gets the write off. Is this the way it goes?

SOL for Texas is 4 years...the 7 year is when stuff drops off your credit report. Do what was suggested above, just send a cease & desist and forget about these bozos.

But someone else said that way it would encourage them to sue.

Only if it is within SOL...but once out of SOL if they sue you you can get it thrown out in a snap, and turn around and counter-sue them for that little violation.

This is a bill of our son's making one is a credit card one is a broken cell phone contract.They are not out of SOL.So I guess we are just at their mercy.He doesn't even live here anymore but recieves his mail here stll.It is confusing for the kids becasue my son and his dad have Jr and Sr names .We tell them he doesn't live here anymore they tell them he isn't here.

i am being sued by arrow financial for a debt that was written off and closed 11-2000, i go to court on the 31st, any suggestions on how to handle this matter.

Patricia: If the last date of activity on the account was 2003 then it is out of SOL as SOL in Texas is 4 years....it would have been up in 2007. It just won't be off the credit report..they can't legally sue..if they do it is a violation you could sue them for.

Is this debt in your son's name or yours? Did you sign the contracts or did he? If you did not sign anything then you are not legally liable for these debts and it is unlawful of that company to attempt collection from you or place these items on your credit report.

If you did sign, then you need to DV the company and if they do not provide validation you can try to get it romoved from your credit report that way. You can take them to court for reporting an unvalidated debt (especially after they verify it with the credit reporting agencies).

Rozz: whatever you do..show up to the court date!!! if you do not, they will get a default judgement against you. You should find a lawyer...try naca.net. If you defend yourself you want to ask for validation of the dent in discovery, if they can't provide the proper documentation, then you can motion to dismiss the case.

Just because an account is closed does not mean you can't be sued...what happened is that the original creditor closed it, then sold the account to a debt buyer, they are the ones trying to sue, and likely for much more money than was originally owed...you will want the DV to force them to prove to you that all money they are charging is legit.

PS - if it was closed in 2000, what was the date of last payment you made on this account? Depending on what state you are in, the SOL might have been up, which means by law they can't sue you and you can get the case tossed out AND counter-sue for filing unlawfully.

No ,the debt is not on my credit report nor in my name at all. They just call here all the time because thats the number he gave them.I don' think the debt is but a year or 2 old.He had 2 credit cards but one we have never heard from. He had in the insurance on it that pays when he is out of work .But I think he never notified them to use it. After several, months of no paymenst they notified him they were canceling the insurance and he never used it. Actually he should have notified them that he was out of work and they should ahve taken over the payments.But I think it was my son's fault.He paid all those fees for the insurance and never used it.

Send them a Cease & Desist letter certifgied mail return reciept, in the letter tell them that he does not live there so to stop all communication with you. If they persist, sue em. :D

Great advice Thanks.