nco info

If it is outside the SOL then they need it to be called to their attention. Incidentally, being outside the SOL does not mean they cannot try to collect, it just means they can't sue you in court over it. Of course that doesn't mean they can drive you nuts calling every hour, but I wanted to clarify the SOL issue as far as what the legal status is of the debt.

I'll have to check, but I don't think they would be allowed to report it on your credit report either because that's an attempt to put something on record publicly, as in court, that is outside the SOL. But I'll have to verify that part unless maybe someone knows for sure.

Hi!
Welcome to the forums!
You can get helpful information about NCO collection agency from the following pages:
http://www.debtconsolidationcare.com/forums/about6873.html
http://www.debtconsolidationcare.com/collection-agencies/nco-financial.html

If the SOL period on the debt has expired, then the collection agency can't legally sue. You can send an expired SOL notification letter to the CA. The SOL period will also restart when you acknowledge the debt and enter into a payment agreement with them.

If the SOL period has not expired, then the CA can sue you. In that case, it will be better to settle the debts on your own. Know about the SOL period of your state from the following page:
http://www.debtconsolidationcare.com/statute-of-limitation.html

hi
no i didnt acknowledge debt, i told them that i owe nothing and put anything they have into writing and send to me, that was it, and i also remember this debt that i believe it was in my bankruptcy, because according to ca, the date they gave me doesnt match up to my bankr. i think they reaged it because i would not have gotten a credit card immediate after bankruptcy, no one would give me one anyway. Anything i can do about that, violations? How about inquiries on a credit report? The ca has not listed anything on me, they better not at this point, which letter should go right out,, help, what is a good one? thanks

You need to determine if the debt they are talking about was in fact discharged in your bankruptcy. if so, upon you notifying the attorney who handled the bankruptcy for you, he is required to follow-up and inform those trying to collect the debt that it was discharged. There are severe penalties for trying to collect a debt that has been discharged in bankruptcy so that would take care of it unless those trying to collect are totally stupid.

that is your first step and would certainly put an end to the whole thing which would be very sweet indeed! Things that can be disposed of with one phone call are short and sweet, just the way I like it.

The attorney who filed the bankruptcy will not do any follow up without charging a fee.

He needs to send them a letter IN WRITING telling them to FOAD, that the debt is probably out of SOL and to pound sand.

I have looked this up for someone before. An attorney is obliged to follow up with you after your bankruptcy if there are any problems regarding any of the discharged debts. When you read it, keep in mind it is written by a bankruptcy attorney from his percpective after his clients debts are discharged. The entire article is very helpful but here are a couple of related items.

[QUOTE]
Courts have held that a collection attorney has a continuing obligation to review and reevaluate his pleadings upon discovery that they may be without merit or in violation of the law. Thus, it is imperative to put the other attorney on notice by certified mail that he is violating the Bankruptcy Code to establish his duty of inquiry.

The Uninformed Collection Attorney. Often a creditor will send its file to a collection attorney to commence litigation. However, the creditor does not notify the collection attorney of the bankruptcy, and the collection then commences a suit or obtains a default judgment in an existing suit. If you suspect an uninformed attorney has commenced litigation or taken a judgment, then contacting the other attorney and advising him or her of the bankruptcy should be sufficient to resolve the problem. If a judgment was already obtained, it is the other attorney???s responsibility to vacate it by preparing a stipulation vacating judgment and then filing them in the court.[/QUOTE]

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"http://longislandbankruptcyblog.com/protecting-your-client-from-creditors-who-ignore-the-discharge/"