Stopped paying my CC debt 15 years ago.

What was the name of the CC.If you stopped making payments 15 years ago,then most likely the SOL has expired and you are no longer responsible for this debt.Now if there was a judgement against you that is a different story.If they got a judgement against you before the SOl ran out,they can still sue you again,up to 20 years.

VISA from BOA.
BTW, it is true that if I left the state or the US, the SOL period "freezes"?

Hi Yoji

SOL period will keep moving even if you are out of the country. It does not 'freeze' or 'pause' at any point of time.

Check your latest credit report and see if BOA is appearing in it. Chances are that since this account occurred long time back, it should be out of your file after the 7 year mark as per the FCRA. Accurate negative information stays on the file for a period of 7 years from the date of first delinquency.

Check the local registrar of the bankruptcy court and see if there is any judgment placed against you. You can also see it in your latest credit copy.

Did you receive any correspondences from the credit company or the collection agency regarding collection purposes?

Thanks Ben,
I was out of the US since '91 and I have no idea what was since then. I have a new, secured, CC and my record is clean.

POSTED TOO EARLY !!!!!

I don't know what exactly is a judgment but can it be given whitout me being "served"??

Somwone wrote that if a judgment exist, they can sue me for 20 years.

Hi Ben, again,
I just found one of your replies at the above address, and I would like to ask you; I sent 2 days ago a dispute and validation letter to a CA. Is there anything else I should do or just wait for their respond?

Yoji

Creditors obtain judgments against the defaulter from the city court. This can be done against his personal property or his wages can be garnished. The judgment will be filed with the County Clerk's office for an additional fee. Once the judgment is filed, it is recorded with the County clerk and this will be affecting the credit potential of an individual. Some judgments remain as a lien against the debtor's real property for a period of 10 years and get renewed after a period of 10 years.

Answering to the other portion of your query, did you send your letter through certified mail with return receipt requested? You will be receiving the green slip signed by them? This is an important proof of your dispute received by them. Keep the green slip as well as the copies of the document in a file for further proof.

So while I'm waiting for their validation they can put a hold on my bank account and/or my wages?????

Yoji,

Collectors can take legal actions against the debtor if they are authorized by the creditor to do so. Wage garnishment is not possible without a court order and a past SOL debt is not viable to legal actions. So make sure with your state laws if your accounts are within SOL or not.

Yogi, you have the legal rights to refuse payments till the debt is validated by the company. You must be having proof of your letters sent. If the company tries to take out money from your account before validating the debt, you have to hire an attorney that specializes in the fdcpa laws.

I sent a validation letter CMRR, as advised. The SOL in CA. is 4 years and technically, I am on the safe size (so why they bother??)

Yet, I'm still confused with this salad of legal terms like judgment / court order / SOL.

Hi Yoji! Expiry of SOL does not stop the collection agencies from collecting the debt. It is the amount that they will try to collect from you in legal terms. But, you should be aware of the fdcpa fact and expiry of the SOL factor. After you have sent a dispute in writing to the CA, no one can force you to make payments on it.

If the debt is within the statutes, legal actions are possible for not paying the debt. A judgment or a court hearing can occur only if the debt is within the statutes.

Thanks again to all of you!!!

Bryan, you changed your icon :cry:

Its all good! shirley