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AMEX ACCOUNT REVIEW ' help

Date: Sun, 05/24/2009 - 20:28

Submitted by anonymous
on Sun, 05/24/2009 - 20:28

Posts: 202330 Credits: [Donate]

Total Replies: 13


hello all:)
I need help.
ten years ago I had an amex card while in college, they somehow approved it under my student id number as i did not have a ss# back then. i used up 1500$ and never gave it back. I recently rebuilt my credit to some extent and CANT pay this old debt to them. can they come after me? they have been checking my Experian file like crazy,weekly,monthly...how should I act. they called twice on my phone listed with credit bureaus. This however is an online number so they cant really reach me...

thanks for the advice!


First of all, the seven years listing period have already expired, and so your credit report will not reflect the debt and your score will not get affected.
Secondly, you should check whether the SOL on the debt has expired or not. If it has expired, they cannot legally collect the debt and so you should not make any payment towards the old debt because even a small payment will rewind the SOL and you can be legally sued by the creditor.
Can you tell us the state you live and the date of your last payment towards the credit card?


lrhall41

Submitted by novice on Sun, 05/24/2009 - 23:21

( Posts: 290 | Credits: )


SOL in MA is 6 years for all types of debts and so the SOL has already expired if you have made your last payment in 2000. The creditor cannot legally collect the debt and you should not make any payment towards the debt. If they harass you, just file an online complaint with the FTC.


lrhall41

Submitted by novice on Mon, 05/25/2009 - 01:08

( Posts: 290 | Credits: )


Even if they call you up over phone for the debt, they need to send you a DV notice within 5 days from the date of initial communication in order to start the process of debt collection. Moreover, since the SOL has expired, they cannot legally collect the debt. However, if they sue you to the court, you should file a response to the summon in order to avoid default judgment.


lrhall41

Submitted by SC on Tue, 05/26/2009 - 03:06

( Posts: 3937 | Credits: )


There is no need to worry because you will be receiving a summon from the court in case they sue you. If you do not file a response to the summon, the creditor will win the case by default and you will be liable to pay the debt. In case you get a summon, file an answer to it by visiting the court from where it has been issued, and be present on the court date to defend your case. You need to tell the judge that the SOL has expired and the case will go in your favor.


lrhall41

Submitted by SC on Tue, 05/26/2009 - 06:20

( Posts: 3937 | Credits: )


should i definitely do this? the number they call is an online number though they don't know that. when they call i just get their voice mail in an email. i am worried by acknowledging them i would start some kind of a new cycle and then be trapped in a relationship with them again. is it safe to simply ignore them.


lrhall41

Submitted by anonymous on Wed, 05/27/2009 - 04:29

( Posts: 202330 | Credits: )


Yes, you can simply ignore them, but you may feel harassed if you get calls from them everyday. Unless you make them any payment, you will not get trapped. But if you pay them even a single dollar, the SOL will rewind and they may sue you for the entire debt. Filing a complaint with the FTC does not start any relationship with the creditor.


lrhall41

Submitted by SC on Wed, 05/27/2009 - 04:57

( Posts: 3937 | Credits: )