Scared crapless is suicide and option?

[SnowWhite832]

Can anyone tell me how long a bad debt stays or can legally stay on your credit report,

I thought it was 7 years

but maye thats just the legal limitation of being sued for it.

this is regarding an 11 year old account that I'm getting phone calls daily about from a CA and I think I'm going to have nervious breakdown if it doesnt stop, can't even answer my phone anymore.

Was a lifetime ago and married with 3 children now, military wife. The CA even threatened to report it as a bad debt to my husbands commander , and my life is a living hell right now, please help, or any info, have written validation letters and requested copies of my credit report and just waiting now for reponses to those.

thanks

[Swede]

Welcome to the board SnowWhite. First off, DON't BE SCARED and ABSOLUTELY NO suicide is NOT an option. Lets forget being scared and get to work.

<blockquote>Originally posted by SnowWhite832

Can anyone tell me how long a bad debt stays or can legally stay on your credit report, I thought it was 7 years but maye thats just the legal limitation of being sued for it.

</blockquote>

You are right, the length of time it can stay on your report is 7 years- from the first missed payment that led to the charge- off of the account -plus 180 days if it happened after Dec 1997, if before 1997 it's the time the OC charged off the account. So, it doesn't matter when the CA took over the account or if you made a payment. The limitation of being sued is called SOL and you can read more about SOL on the top of this page. SOL's vary by state and depending on what type of contract it is. It's normally less than 7 years though.

An 11 year old account (meaning it's been closed/charged-off for that long?) should NOT be on your report and NO, they cannot sue you for it.

<blockquote>Originally posted by SnowWhite832

I'm getting phone calls daily about from a CA and I think I'm going to have nervious breakdown if it doesnt stop, can't even answer my phone anymore.

</blockquote>

They are not allowed to harrass you, you have to read up on the laws that govern them which is the FDCPA and the FCRA. Also read up on this board.

<blockquote>Originally posted by SnowWhite832

The CA even threatened to report it as a bad debt to my husbands commander , and my life is a living hell right now, please help, or any info, have written validation letters and requested copies of my credit report and just waiting now for reponses to those. thanks

</blockquote>

They are not allowed to discuss the debt with a third party unless permitted by you. They are allowed to contact people for location information (how to find you) but clearly since they know where you are this doesn't apply.

At this point, since this debt is way too old to be on your report- you don't even have to bother with validation. It's past 7 years, shouldn't be on your reports period. Time to sue!!!

[admin]

Please, I hope you were kidding about the suicide! Swede has given you great advice - and just keep posting, we are all here to help!

[alaskan]

Take a slow deep breath. You've got a lot going for ya in the right direction.

1. Like Swede said the law is on you're side.

2. Legal services should be available at the Post or Base.

3. Commanders are not to concerned with a spouses old finances. Now if you went out and wrote bad checks that's something different.

4. You found this board. I felt lost until I found this board ( Thanks Kristy )

Here's some sunshine for your rainy day.

:) :) :) :) :) :) :) :) :) :) :) :) :)

[Edit by alaskan on Friday, 8, 2002 @ 10:17 AM]

[SnowWhite832]

Thankyou all, the replys made me feel that at least I'm not alone out there in this muck of reading and researching, which I am doing alot of, waiting for my credit reports to see if this old account is even still listed, and it is 11 years since I stopped paying on that visa.

That account was orignally mine and I added my first husband to it, he racked most of it up but it was never written up in the divorce and he took his name off it long before that happened anyways.

I was told I could sue him for half of it, from some collector, but the guy doesnt know where I live and thats how I'd like to keep it, seeing how he went to jail for taking a baseball bat to me, THATS another reason why all this is freaking me out so much, another lifetime ago and it brings up all this crap. I'm not a bad person and I'd never refuse an obligation but never ever ever would I give one cent even to that.

so thanks again for all your help, Josh Jones from Camco will calling again tonight no doubt, and I'll make sure I get the address & account number on it (hell if I can remember that long ago) so I can send a 'dont call' letter verification thingie.

thanks again all of you!

[SnowWhite832]

<blockquote>Originally posted by alaskan

Take a slow deep breath. You've got a lot going for ya in the right direction.

1. Like Swede said the law is on you're side.

2. Legal services should be available at the Post or Base.

3. Commanders are not to concerned with a spouses old finances. Now if you went out and wrote bad checks that's something different.

4. You found this board. I felt lost until I found this board ( Thanks Kristy )

Here's some sunshine for your rainy day.

:) :) :) :) :) :) :) :) :) :) :) :) :)

[Edit by alaskan on Friday, 8, 2002 @ 10:17 AM]

</blockquote>

[kimber6337]

Read up on the SOL and use it to your full advantage! I've got debt from my "other life time ago" and I know how you feel. I was in total dispare over all credit issues before landing here and I thank God I did.

[SnowWhite832]

Well I messed up friday night when he called (the collector from camco) I got all the info except for the account number on this old account, just so nervious I missed that one, but hey the address and amounts and such is a start, I missed his call yesterday when I was out, he does call everyday, and tells me he'll keep calling every day, the only thing is I was looking at the validation sample letter and it says something about attached copy of letter from CA , I've never gotten anything in writeing at all from this collection agency, just the daily phone calls, at home and at work, though sometimes two days without calls, that must be his days off I spose?

Think I'm getting post traumatic something or other from hearing the phone ring, all I know is I freeze up like a deer when I hear it ring.

Anyhow hopefully I wont miss that call today, (can't believe I want this call even) so I can get that account number so send off that verification letter thing. thanks again

[SnowWhite832]

Thanks Kimber, and everybody else too. I'm on the debt validation q & A boards now and reading up on things, still very confused and this is really truly hard. I've never posted on boards before and not sure if I'm even doing that correctly.

thanks again

[Swede]

Never ever ever talk to a CA on the phone- Do NOT pick up when he calls. If this is on your reports you'll have the account number on there, if it's not on your reports, just list your name and the creditor in the letter. They should know who you are.

[kimber6337]

Yes your doing it right If someone hasn't already told you, you need to send out a C&D letter so they will only communicate via mail with these folks. I'd also send a validation letter to these folks i fyou havent already. For some reason I bet these folks ignore them both, at that point you would look at small claims court.

I do know how it is to HATE to hear the phone ring. I eventually turned my home phone off. Its been off for about 6 months now and I am SO much happier :upsidown: I've got enough cell phones between DH and I that if someone wants us they know how to get us~~

[Anonymous]

Snow White,

If they call again. Turn the tables on them. Ask for their name and address. Then let them know that they are to only contact you through the mail. I'd then write your letter, in it put that you spoke to ... on ... and let them know that all contact is to be in writing. Then tell them you are well aware of the SOL being up on this debt and it is time barred. They should just go away.

[Swede]

Kimber is right, a C&D letter should go out but I would not bother sending a validation letter. SOL and reporting time is up, long ago. Only other letter they'll need is a copy of the lawsuit.

[illegal_alien]

Snow white,

The other option would be to tell them you will be recording the conversation. That should immediately stop him from engaging in further conversation. We were told to terminate our conversation once the debtor tries to record. What that collector is doing is to make you feel powerless. Show them who has the real power and you will come out winner!

[kimber6337]

Oh Yes right Swede!! Sorry got lost in the thread :upsidown:

[Swede]

<blockquote>Originally posted by kimber6337

Oh Yes right Swede!! Sorry got lost in the thread :upsidown:

</blockquote>

And I forgot to mention the C&D-- good thing we're both here to remind eachother

[SnowWhite832]

Okay, thanks again for all your help. a Cease and Desist letter it is. Should I also mention these almost daily calls from the guy, for going on almost two months now, with no writen anything following up his contact?

going to look up the sample c&d letters now, or should I just say something about the sol being long expired, hopefully there will be a good sample one cause I'm not very good at letter writing and this is all very complicated, thank you again for listening and giving me advice

[kimber6337]

You can put in there something like..

Mr. Numskull from your firm is calling me x times a day regarding the above referenced account. This account's last activity was X years ago. According to the laws of my state, the Statue of Limitations is X years on (enter agreement type).

Per rights afforded to me via the FCRA, please be advised to C&D further communications...ya te da...Be sure to Quote the FCRA statue and provide any further information you may have on "Mr. Numskull", like extension, and a supervisor if you have one.

I'm sure the sample letter is much more detailed - but I dont have my contacts in yet and don't want to squint my way finding it <GRIN>

Fire away Snowwhite!!

[RetiredandHappy]

Snowhite - Do you have an answering machine? If not, go get an inexpensive one and let it handle (screen) your calls. I've used this for years, all my family and friends know to identify themselves by saying who they are, and I will pick up the phone. No id, no answer. Don't let the dread of the phone ringing control your life.

You can even cut the silly thing off, or turn the volume down so you can't hear it. Anyone legitimate will leave a message and you call back at your convenience.

These CA's thrive on intimidating, harassing, and scaring you. The fact is they can't do ANYTHING but bluff and bluster. Any legal action has to be done by paperwork and you'll know if that ever happens.

I have had someone calling everyday for months, every 30 minutes. They never say anything, get the answering machine and hang up. I laugh and say oh, well you don't want to talk, that's fine!

Since your SoL has run out, you can take the position that they are S.O.L. (I think you know what that means!)

Don't let them get to you! Have one of my Paxils!

[SnowWhite832]

Thanks again kimber, I don't have my contacts in this early in the am either but I do squint my way thru these posts and they are helping so much. I really can't believe this will stop with one letter sent out, but I'm hoping.

sunday and monday no calls, but then again it was a holiday yesterday or maybe this was the CA's guy days off, I feel like ...Well dwelling and obsessing thinking tomyself "oh it's his days off, thankchrist he's not calling" but I know my little breaks are short lived.

and to you retiredandHappy, thanks for the post , I think I need maybe xanex more then paxil? haha I dont know, I do have a prescription for celexa but havent filled it yet, and I'm a little leary of doing so. Last time I tried the medication rounds it was zoloft and I really didnt give to much of a crap about anything once I started it.

I went thru this with the CA's two years ago and in time it went away, seeing how the debt is so old, it might go away again , it should , but I want to make sure this time, it doesnt come up again or at least be prepared if it does.

Tired of being a deer in the headlights of these calls and I'm not sure about my CR's as I dont have them in yet , but I do know that about 7 years ago my husband tried to put me on his visa account, I wasnt working other then raising my 3 children, but just for emergencys incase he gets sent away etc (military) and was denied to be put on it. With all these calls again, it causes alot of stress in my home, I've been back to work for almost 2 years now and we are saving for a home downpayment, but now it's the "we will never be able to buy a house because of this" to me.

which I always just went along with , thinking well he can buy one for us. But with all this info I've gotten here, I'm really having some hope.

that not only can I get rid of these CA's , but I know it's been 11 years since I married and that long I havent had a bill or anything in my name. so there shouldnt be squat on my report right?

but also I know thats not the case cause I did apply for a cc for myself on one of those mailing things they send you and was denied just 6 months ago.

I thought just maybe it might go thru, with me working for a while and some money in our joint savings and no credit activity from me for years and years.

I wonder now if thats where this CA's got my info.

I feel so dumb now, never even thought of looking or requesting a copy of my own Credit report before looking at this site, thanks again to everybody here.

I'm sure with all this new info I've gotten from here the account must have been relisted on my credit report, or re-aged.

I'm just going to hang in there and finally get this straightend out, tired of feeling like this scared big time loser of life, and the most embarrassing part is , when that guy from camco calls, my daughter seeing the distress and hangups always asking, Who was that, Why does that person keep calling?

She gave out my work number once over the phone, that was bad but she didnt know, supposed to be the supervisor at work and fielding these calls infront of people I work with, godddddddd

thanks again everyone!

[kimber6337]

Hang in there! Just read, relax and visit the Post Office - and if your really un/lucky (how ever you look at it) you might have to take someone to court.

[Slow Eddie]

snowwhite,

how are things progressing? its been a few weeks and i am hoping that all is getting better for you.. this site is very helpful, and the people here know your pain and will do their best to help you..

i am relatively new to this game as well, but i will do all that i can to help you.. please just post an update!!

- eddie -

[SnowWhite832]

Thanks Eddie,

ho hum, the status of that really, driving me nuts collection agency, last call I got was the day before thanksgiving, (he asked for my husband) my visiting brother actually answered the phone and I got upset and spilled the whole deal. My husband hung up on the jerk, but I sent out that cease and desist letter , certified the prior thursday, so hopefully that will be the last call.

Looking at my mail today I got one of credit reports back, nothing is listed on that about this 11 year old debt at all.

I did however find a 114.00 amount owed and in collection from two years ago to florida power orginially. Other then that, there only two things listed, joint in good standing, and authorized user, 0 balance, inactive account/never late.

so now I'm all 'knickers in a twist' over the dumb 114 bucks, I would have paid if I'd known!

never heard a word and thought I'd paid my last bill there, but maybe not.

I only lived down there for 2 months (if that) when my husband and I had some troubles a few years back, in 2000, but it says here 2001 , but ath would be last xmas so thats not right. it was two years ago.

In any case, I'm off to hunt the boards and this site for the best way to take care of this, I'll pay it immediately, but if there was some way to make a deal when I pay it, to have it somehow (wishfully thinking) removed after I pay it??

wish me luck!!

[SnowWhite832]

***Sample of the letter I was going to send, is this okay? WHY is it I feel so dumb trying to deal with this stuff?? cause I am maybe??? oh oh could be uhuh uhuh is this okay?

Not mailing it till tomorrow so please lemme know any changes that would be good.

To Whom It May Concern:

It has recently come to my attention, that your company has listed an overdue collection account on my credit report. To see this listing on my otherwise perfect credit report is disturbing. This is the first I’ve seen or heard of anything at all regarding this bill or account, or it’s being past due, have never received any notices at all either from the original creditor or your company. As far as I recall, I via telephone shut off the account, and paid amount owed quoted to me by phone that day. So this either erroneous charge or mail that for some reason did not get forwarded.

I did live in Florida for a short time several months prior to the date listed on this account as active or closed, whichever. So the debt may be mine, but I’m unsure of even that.

I would be willing to settle this small debt of 114.00 just to get my credit report cleared up, as it’s the only mark against me. I would pay this amount to your company immediately with a written response of it being taken off my credit report as soon as I do, if I can’t have that, then I’ll have to begin validation process to make sure it’s even mine. I know the dates on the account are incorrect because I only lived in Florida for 6 weeks, and certainly it was almost a full year before the dates listed on this report.

Please contact me at your earliest possible convenience in writing, to settle this matter.