collecting their old debts

Yes that is indeed out of SOL but a debt can be collected on indefinately! But if they decide to sue u, that will be ur defnese and the case will be dismissed!
SO I would suggest sending them a debt validation letter and a cease and desist along with it all return reciept requested!
Good Luck,
Ang

How can a debt be collected if the SOL has run out?

I thought the purpose of the SOL is to give a time limit on collections period. Kind of like a SOL on crimes...?

Yes Volley, as usual, you are correct. It is no longer collectible if the sol runs out. PRL need sto get this debt validated, and it is up to the collector to prove that indeed the SOL did not expire. In this case being that the debt is 12 years old, there is no way it can legally be collected.

You can NOT get a judgement on u for a debt out of SOL but it CAN indeed be collected on for infinity until it is paid in full... Let me find the place where i read this and i'll come back and post it...
Ang

Ok here is what i read about this: Hope it helps.

Yes they can keep adding negative items until the debt is paid in full. Because the SOL is expired they cannot take any legal actions to collect from you (ie they cannot sue you for non payment). They can however keep selling your debt to new collection agencies until you decide to pay or they decide to give up. What this is refered to as is junk debt buying and it is when the debt is non enforcable anymore, so a company buys the debt for pennies hoping to get lucky and have you pay the debt off.

They can add negative enteries until the day you die...the debt would be paid out of your estate (if anyone still remembers). They can harrass you by telephone should they choose to (you can combat this by sending a certified letter and asking them to sease and desist any collection efforts and telling them they are not allowed to contact you regarding said debt anymore (this does not eliminate the debt, it just makes them have to quit contacting you regarding it).

Here's the thing though, you can fight this another way. I don't know if you have heard of debt validation...but it is a great weapon for old debts who's SOL has expired and they cannot sue you. Usually these places do not have accurate records on the debts and cannot actually prove the debt is valid. If a collection agency cannot prove the debt is valid the must immediatly stop trying to collect it and they must remove the negative listing from your credit report. I am including the link that I originally used to do this and it give very good information on how to request a debt validation and the exact steps to take.

Good Luck :)


Ang

Also this is in Wiki:
Is there a limit to how long a creditor can try to collect a debt?



First answer by David Gelinas. Last edit by David Gelinas. Question popularity: 159 [ recommend question]


Answer
Yes and no. Every state has a statute of limitation on the legal ability to enforce a debt buy suit.

Many states are 7 years, while some states are as little as 3 years.

Creditors can bring suit anytime within that period. But, should they attempt to bring suit out of the statute of limitation, the key is always the fact that your defense (that you are beyond the statute of limitation) must be raised.

Therefore, you could conceivably be sued after the statute runs out, and if you do not raise the statute as a defense, you could loose.

The key to the defense is proving you did not acknowledge the debt since the clock started. One $10 payment or a promise to pay can start the clock over.

That being said, once a debt always a debt. Therefore, a creditor can pursue collection activity forever and simply become annoying. Therefore, it is usually a good idea to settle your debt if possible.

While they may not prevail in court after the statute runs out, they may still be a thorn in you side. So to that end, if you are dealing with a large debt and you get sued after the statute runs out, it may actually be in your favor to go to court and raise your statute defense, because if you win the case and the judge rules in your favor - case closed. It is unlikely the creditor will pursue further collection action - because they have no where to take it legally.

Now most times the older a debt is the harder it's gonna be to validate but what will happen is they will continue to sell ur debt to other CA's and it will just be passed around over and over!
Ang

I guess the key to the whole thing is that the CA can ATTEMPT to collect a debt indefinitely - doesn't mean they will succeed. A savvy consumer will send the CA a C&D letter informing them that the SOL has run on the debt, and cite the state law that upholds their statement of the SOL period. That will usually stop a CA in their tracks. They are counting on a consumer being ignorant of the SOL period in their state and they are also counting on the consumer being ignorant of the fdcpa.

Yes u are right Sue! Also, i've read case files that the CA actually sued even though the debt was out of SOL and unless, as stated above, u don't raise that as ur defense they CAN indeed win! Which i think surely is NOT fair at all for those who do not know their legal rights!! :(
Laws are confusing to the average citizen, (me) and they use that to their advantage!
Ang

Is the limit that a debt can be reported to your credit report 7 years? I think a debt falls off your report after that but there might be a trick that a CA uses to get it back on your report. It seems like you would be set if you are outside the SOL and outside that 7 year period. A CA would have no way to force you to pay after that.

The statutes of limitations (which varies from state to state as mentioned previously) gives individuals and comercial entitites time frames in which they may persue legal action. Not sure if it is a violation of the fdcpa to persue a debt that is out of SOL though.

But I've read case files JC that people were indeed sued by CA's even though the SOL had expired... the people who used this as thier defense won, some who did NOT use this actually lost and got a judgement for not using SOL as their defense...
Hope this makes sense to ya,
Ang

Which of course coresponds with my previous statement, in short being: once SOL expires individuals and commercial entities may no longer seek legal action, be it debt, personal injury, malpractice, etc.

Ok guess i misunderstood ur post.... sorry for that... What I can compare it to is this: if ur in an auto accident and want to sue, u have 1 year and 1 day to file ur suit, if this time passes u by and u do NOT file ur suit u lose any chance to come back and sue... now the way i understand it with CA's is they can still sue u after SOL and u must then use the SOL as ur defense or u can still lose.
SO guess i was comparing it to that....
Ang

Ok guess i misunderstood ur post.... sorry for that... What I can compare it to is this: if ur in an auto accident and want to sue, u have 1 year and 1 day to file ur suit, if this time passes u by and u do NOT file ur suit u lose any chance to come back and sue... now the way i understand it with CA's is they can still sue u after SOL and u must then use the SOL as ur defense or u can still lose.
SO guess i was comparing it to that....
Ang