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Collection agency contacting for 6yr old account?

Date: Mon, 09/11/2006 - 07:39

Submitted by anonymous
on Mon, 09/11/2006 - 07:39

Posts: 202330 Credits: [Donate]

Total Replies: 11


I just received a collection agency notice for an account outstanding from Sep 2000? This is the first time since then I have ever heard anything about a balance due. Any advice?


Quote:

I just received a collection agency notice for an account outstanding from Sep 2000? This is the first time since then I have ever heard anything about a balance due. Any advice?


Pull the latest credit copy from the three bureaus and get the more details about this account. You need to know the name of the creditor and the status of this account. Since a debt collector is contacting you for this account, you have to get the complete information about this debt before you make a payment. Under the fdcpa, the debt must be first validated so that you become sure of the collector that is doing genuine collections. You also need to know whether this account is within the SOL period in case the last payment was done long ago.


lrhall41

Submitted by Christina on Mon, 09/11/2006 - 10:21

( Posts: 438 | Credits: )


Quote:

Forgot to mention, the debt is from the state of Michigan, the collection agency is out of Illinois.


Quote:
Also wanted to add we are living in Germany for 3 years and he's currently serving in Iraq. Can they even take legal action overseas?


The fdcpa laws are applicable in US only. I don't think the debt collector can pursue legal actions for this account in some other country because the laws are different where you are presently living. You will need to come back in your country and in your state before any further actions can be taken. Moreover, the debt collector has to be licensed in your state when doing the collections for your account.

Since you are out of the country, there are less chances of any legal actions but if the collection agency has their network in the place where you are living presently, they will continue with their collection attempts. Be careful if you decide to send them money. You must be first confirmed that the money will get posted towards your debt account and they were authorized to carry on with this collection.


lrhall41

Submitted by Christina on Mon, 09/11/2006 - 10:30

( Posts: 438 | Credits: )


I am assumming you or your spouce is in the military?
You are still bound by American laws, somehting I'm sure you already know anyway.

If you do check your report that often and it's never shown up I would find out what it's all about. Send a DV letter because it might not even be his.

They can't activly presue collections (calling or taking you to court)but they can send you a letter letting you know where it is, should it be yours and want to take care of it.


lrhall41

Submitted by FYI on Mon, 09/11/2006 - 12:58

( Posts: 1950 | Credits: )


I'm almost positive the debt is valid since they knew the address he lived at during the particular month (it was a cable bill), but I still don't understand why he never once got a single bill in the past 6 years. They were also hesitant to explain why they only now are pursuing this.

My husband is in the military and yes I'm aware we're still bound by US laws. I guess if I want to protect his credit I will have no choice but to pay, but I'm rather suspicious as to why they waited so long before popping up - which is why I suspected the SOL maybe expired in the state the bill originated, so they sold it to another state.


lrhall41

Submitted by on Mon, 09/11/2006 - 13:16

( Posts: | Credits: )


The company they first sent it too probably just didn't do any work on it at all. They just let it hang around there collecting dust. It happens I found some accounts of my own that way not too long ago. It's possible that a letter might have gotten mistaken for junk mail also.

If you decided to pay it I would do it by mail send send in a letter stating that by cashing your check they will remove the debt entirely from your credit report or else you could end up with that being stuck on there for 7 years after you pay it because it will update the file.


lrhall41

Submitted by FYI on Mon, 09/11/2006 - 13:51

( Posts: 1950 | Credits: )


Quote:

which is why I suspected the SOL maybe expired in the state the bill originated, so they sold it to another state.


That has nothing to do with it. The SOL is determined by the state in which the debt was accrued. Just because they assigned or sold the debt to a collection agency in Illinois does not mean they were trying to change or extend the SOL, only that the collection agency they use is from Illinois.

By the way, the SOL in Illinois would be expired on this debt after 4 years.

I surmise from your post that your husband is in the military. US laws extend to US Facilities (such as military bases) in foreign countries or territories. Normally I highly suggest everyone seek validation, however if you suspect this debt was valid, and you don't want the hassles of trying to fight it, it may be easier to simply pay the bill and move on.

There are laws that protect your husband from certain collection activities while serving in a combat zone.

Military One source maybe able to assist you in resolving this issue and any protections which may be available to you should you try to pursue remedies.

Under the FCRA it can only be reported for 7 year from the date of last activities, (i.e the date you didn't or stopped paying the bill. If this account is 6 years old it could get on your Credit reports for a year, but would need to be removed under statute after 7 years has lapsed.


lrhall41

Submitted by LCW on Tue, 09/12/2006 - 13:11

( Posts: 1151 | Credits: )