Timeframe of the debt before it becomes uncollectible
Date: Thu, 05/04/2006 - 09:29
debt collection
a collection agency has contacted me about a debt that is not mine from 10 years ago. is this legal or inforceable. thank you
Hi Robert Before you make any move, please make sure that yo
Hi Robert
Before you make any move, please make sure that you do not owe this debt for which the CA is calling you. You can get that confirmation by asking the collector to give you the details of the account if they have it correctly. If they fail to provide you the details, the company is forced to stop calling you.
Once you have become sure that you do not owe this debt, send a cease and desist letter to the CA prohibiting them from making any contact with you. This letter will serve in legal terms and if the company tries to contact you after the receipt of the letter, you have a legal case against them under the violations of the fdcpa law. Send your letter through certified mail with return receipt requested. Keep copies documented in a file for records.
You can also start recording the phone calls for more legal proofs. Check the laws in your state and see if you can do that secretly or you have to take the other party's permission. Once the collection agency violates the law, you will have all the legal evidences to prove your case.
Funeral expenses from my mother's death 11/03
My sister in AR just received a letter from an atty.
They state we owe $1100 for my mother's expenses
since the VA did not pay. We called them in 04 to confirm
they received payment and was told not to worry about it.
Apparently the VA denied the claim, but now it is to late
to appeal. Do we owe this debt after all this time?
Is the attorney collecting for the funeral home? If so contact t
Is the attorney collecting for the funeral home? If so contact the funeral home and make payment arrangements, I have done this in the past.
A debt is always collectable. However you cannot be sued for th
A debt is always collectable. However you cannot be sued for the debt after your state's SOL runs out.
There are 2 states (WI & MS) where expiration of SOL also exting
There are 2 states (WI & MS) where expiration of SOL also extinguishes the underlying debt. After that, the debt is uncollectable but, again, only in those 2 states.
Quote:Originally Posted by NASCAR_DevilThere are 2 states (WI &
Quote:
Originally Posted by NASCAR_Devil There are 2 states (WI & MS) where expiration of SOL also extinguishes the underlying debt. After that, the debt is uncollectable but, again, only in those 2 states. |
That's untrue. Every state has a Statute of Limitations on debt. Once past the SOL, the debt collector can take you to court, but the SOL is an affirmative defense against the action. Most states have an SOL on credit card debt of 3 to 10 years, typically around five.
Quote:Originally Posted by AnonymousThat's untrue. Every state h
Quote:
Originally Posted by Anonymous That's untrue. Every state has a Statute of Limitations on debt. Once past the SOL, the debt collector can take you to court, but the SOL is an affirmative defense against the action. Most states have an SOL on credit card debt of 3 to 10 years, typically around five. |
Yes, every state has an SOL but I was speaking about a Statute of Repose, not SOL. SOL is an affirmative defense if sued but expiration of the SOL does not extinguish the underlying obligation EXCEPT in the 2 states I mentioned(MS and WI). In the other 48, the debt remains collectible until paid, however the debtor has no legal obligation to pay.