bill collector called on a debt from 1995 claiming we owed it.
Date: Tue, 08/18/2009 - 14:15
Depending on what state you are in the first thing I would do is
Depending on what state you are in the first thing I would do is look up the statute of limitations, the chances are good this debt is WAY past the SOL.
bill collector called on a debt from 1995 claiming we owed i
when i looked it up it said 10 years. we live in indiana
Well then, whether you owe the bill or not they can't collect on
Well then, whether you owe the bill or not they can't collect on it because the statute of limitations has run out.
I mean, they can TRY to collect but they can't take it into a co
I mean, they can TRY to collect but they can't take it into a court of law, all you would need to do is file a motion to dismiss with prejudice due to the SOL.
I would not even discuss this with them. It is so far past the
I would not even discuss this with them. It is so far past the SOL that I would send them a FOAD letter and be done with it. The only thing to watch for is if they try to get tricky and sue you, hoping to get a default judgement. That could only happen if you do not show up in court.
ok let's be a little more specific here. was the account opened
ok let's be a little more specific here. was the account opened in 95 or charged off in 95? when was the last action taken with the account (typically the last payment date). at first glance its well past sol, however depending on the answers to these questions it might not be.
bill collector called on a debt from 1995 claiming we owed i
the last activity was in 95. he said it was charged off by sears in 2000 and was handed to them then.
The SOL is based on the date of first default, which has nothing
The SOL is based on the date of first default, which has nothing to do with the charge off date. It would be from the last activity. If there are no payments since 1995, then that is when the SOL "clock" would have started. Kind of funny that they had it for nine years, and are just now getting around to calling you, isn't it.
well they can still call you to collect on the debt, but you can
well they can still call you to collect on the debt, but you can tell them to take a walk. they cant sue you for this debt - AND DONT MAKE ANY VOLUNTARY PAYMENTS OR YOU RESET THE SOL.
At this point, put everything in writing-- no more phone calls.
At this point, put everything in writing-- no more phone calls. Send a request for validation via certified mail and see what the collector does in response. Also, check your credit report. This can be a key source of information such as the date of last payment. You can find an attorney in your area to discuss your risk of getting sued at the website for the non-profit National Association of Consumer Advocates, www.naca.net. Good luck.
bill collector called on a debt from 1995 claiming we owed i
ha ha lawyer said they are s.o.l. lol. said its to old! and they vilated personal privacy by speaking with me on this. being its in my hubbys name only. they not once asked who i was or how i was related to him. just started goin on about this debt and even told me the total amount they say is owed! so wham lawyer says we can sue for that. pretty funny.
no, guest, it isnt. She clearly stated that they did not identi
no, guest, it isnt. She clearly stated that they did not identify her as his spouse, nor did she identify herself as his spouse. So, all they knew was that they were looking for this guy, and some woman answered the phone....and then they told HER all of the details of a debt they allege that HE owes. It's called 'third party disclosure'....and it is illegal.
Try reading up on the FDCPA's standard regarding third pary disclosure sometime....preferrably, before you post again like this. With respect to you, we dont need incorrect info on the forums like that.