Statute of Limitations
Date: Sat, 01/03/2009 - 08:17
Where do you live? If its past (or near) the statute of limitati
Where do you live? If its past (or near) the statute of limitations, they can't do anything about it. I can't post a link, but do a search for "debt statute of limitations" and your state and you'll find some info
Statute of Limitations
I live in NH but the debt originated in NJ. Which state should takes precedent over the debt? If the SOL is up, should I send a letter to this agency or is it better to have no contact?
it goes by where you live now. So, in NH, statute of limitation
it goes by where you live now. So, in NH, statute of limitations is 3 years for most debts. At this point, they can still legally try to collect the debt, but since the SOL is expired, if they ever tried to sue you, you would just use "expired SOL" as your defense, and the case would be dismissed.
if you want to stop them from contacting you entirely, then simply send them a cease and desist letter by certified mail. once they get your letter, it is illegal for them to contact you in any way for the purpose of trying to collect on this debt.
Thank you for the help, how long can they continue to try to co
Thank you for the help, how long can they continue to try to collect? This is from a divorce a long time ago and unfortunately there is no longer any chance of a post judgment order. Is there anything an attorney can do now?
They can try to collect by phone or in writing for as long as th
They can try to collect by phone or in writing for as long as they want or till the day you die. If they threaten you into making a payment and you do, that restarts the SOL and then they can sue you. Don't pay them a cent and do as skydivr said, send a cease and desist letter telling them not to contact you by phone or mail ever again.
They are allowed to contact you once more after recieivng your c
They are allowed to contact you once more after recieivng your cease comm to inform you they are a)ceasing collection activity or b)any other specific action they intend to take. Since they have lost any legal leverage and are about to lose credit report leverage they will likely sell it down the line to the next JDB and it is possible they could issue a 1099C.
