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Collection Agency contaced me regarding an 8+ years account


bibiYong
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I’ve received a letter from Jefferson XXX stated that “a referenced account has been placed by Portfolio XXX with us for collection regarding a XYZ Credit card account.”

Due to an unfortunate situation, I was not able to pay that XYZ Credit card company 8+ years ago. The account becomes delinquent 7 years ago. I have moved few times and I have not heard from them ever since.

I’ve checked and the SOL is way over already. I checked my credit report on all three credit bureaus a moment and this incident is not even shown on my credit report.

According to the letter I received from Jefferson XXX :”Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt. This office will assume this debt is valid…”

Since this is not in my credit report, should I just ignore them? Or should I use the “method of validation” to dispute this. If I do dispute this, should I send the letter to Jefferson XXX or Portfolio XXX?

Help please.

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Well this one is easy. You are going to dispute the validity of the debt by telling them, in writing, that it is time-barred by statute and to cease and desist any further communication and collection activity. Since it is also over the 7 year reporting period, you will also need to firmly inform them in your letter that you are well aware that it is illegal for them to post anything regarding this to your credit reports because it is expired for reporting purposes.

As some others like to say here...tell them to go pound sand. :-)

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Well this one is easy. You are going to dispute the validity of the debt by telling them, in writing, that it is time-barred by statute and to cease and desist any further communication and collection activity. Since it is also over the 7 year reporting period, you will also need to firmly inform them in your letter that you are well aware that it is illegal for them to post anything regarding this to your credit reports because it is expired for reporting purposes.

As some others like to say here...tell them to go pound sand. :-)

How can I stop this once and for all? Is there any sample lettle I can use? Will Porfolio Recovery Associates sell it to someone else and start the harassment all over again?

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Well this one is easy. You are going to dispute the validity of the debt by telling them, in writing, that it is time-barred by statute and to cease and desist any further communication and collection activity. Since it is also over the 7 year reporting period, you will also need to firmly inform them in your letter that you are well aware that it is illegal for them to post anything regarding this to your credit reports because it is expired for reporting purposes.

As some others like to say here...tell them to go pound sand. :-)

How can I stop this once and for all? Is there any sample lettle I can use? Will Porfolio Recovery Associates sell it to someone else and start the harassment all over again?

Sue them. Take their asses to court and seek a judgement under the FCRA and FDCPA. I wouldn't even bother with a polite letter, I would simply send them the C&D letter with an notice that you are going to sue their asses for harassement just because they threatened you knowing that it violated the law. Take their slimmy asses to court and compel them to report exactly how much they paid for the debt, and seek damages as high as the court and the law will permit. Teach these bastards a lesson. If you can aford it, and are willing, pay an attorney to do it for you.. seek attorney fees in the recovery process as well.

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Before you send a C&D order it would be a very good idea to be absolutely certain the SOL has expired and the debt is no longer reasonably recoverable. You mentioned that you moved a few times thereby making it impossible to be skip traced. If this is in fact true and you have not been locatable sometimes the SOL can be tolled by creditors during the period. AAC uses this defense successfully quite often. Creditors can usually pursue debtors indefinately unless otherwise prohibited by law otherwise.

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give it up ghacorp ... never mind him he's a troll for the collection industry.

I know of no state that has an SoL longer than 7 years for an open account, except it seems some Ohio judge is interpreting open accounts as written contracts and giving them a longer SoL ...

and skip tracing doesn't add to the SoL, dumbass! Now this won't keep the OP from being sued, but anyone can sue for anything at anytime.

But it is an affirmative defense. And bringing legal action on something the plaintiff knows is past SoL, that would not make a judge happy. Unless of course the judge is in the CA's back pocket.

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Grim, keep it civil. It's fine to disagree, but the name calling is a no-no.

I must thanks Grim for his comment. ghacorp's comment has scared me and caused me a sleepless night. I know eveyone has their own experience and all. It is a harmless correction that came from Grim, he just mad when he saw someone provide inaccurate information. THanks Grim

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I know of no state that has an SoL longer than 7 years for an open account, except it seems some Ohio judge is interpreting open accounts as written contracts and giving them a longer SoL ...
Wyoming has an 8-year SOL for open-ended contracts.

Yes, Grim, keep it civil please. I have no problem with ghacorp. However, ghacorp, FYI...there is no "a" in definitely. :wink:

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bibiYoung: You don't say which state you're in (I'm assuming it's not Wyoming); however, if this debt is definitely beyond the SOL then you simply need to respond with a letter that the alleged debt in question, if valid, is beyond the SOL. Yes, they can still sue, but your SOL defense would almost assuredly get the case dismissed.

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bibiYoung: You don't say which state you're in (I'm assuming it's not Wyoming); however, if this debt is definitely beyond the SOL then you simply need to respond with a letter that the alleged debt in question, if valid, is beyond the SOL. Yes, they can still sue, but your SOL defense would almost assuredly get the case dismissed.

Sorry, I am in Virginia.

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Grim, Perhaps you should do your homework before spewing venom on topics you are obviously not completely honed-up on! We all know this forum is for entertainment purposes, however there are many people who peruse the commentary here falsely believing all is well and then write back several months later complaining the validation stuff doesn't work or that they thought they could no longer be pursued and wonder how they were blindsidedly hit with judgments. There are situations in some jurisdictions whereby debtors have been unlocatable for long periods of time and unscrupulous bill collectors have used this reason as an argument in front of a judge to [legally] toll the SOL so that they can win a Summary judgment and collect. If this were not the case debtors could simply file a change of adress, not apply for additional credit and simply live under the radar for a few years and easily escape all debts. Unfortuantely, it isn't that easy. Old debt can become a future probate issue as well if not properly dispositioned or extinguished. It is generally true that in most instances SOL periods for civil obligations do not extend beyond a seven year period. People need to be aware of all potential outcomes and they need to act intelligently on their own accord to be sure all loose ends are tied so they will in fact not be responsible for antiquated debt which could later become an issue for themselves or their beneficiaries, etc. So, please be sure to take a moment to inspect your own hindquarters and report back to us on your findings! LOL

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ghacorp is quite correct about tolling of the SoL. It does vary by State, so you need to look up your own State laws on the subject. The part not mentioned thus far is that burden of proof is on the plaintiff to prove evasion of the obligation in order to establish tolling. It is not automatic. If the plaintiff creditor cannot reasonably prove that the debtor actively tried to prevent being found, they get no tolling. The plaintiff creditor's own laziness or ineptitude is not a reason to grant tolling of the SoL.

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  • 2 months later...

If they haven't responded within a couple month's you probably are safe, from them!

when a JDB goes after a debtor after SOL he's usually fishing for an easy payment or judgement, since it's been a few years since you were broke the JDB figures to get some pocket change the easy way by scaring you into paying on a debt out of SOL, One things for sure most JDB's are successful because debtors either pay without thinking or don't respond to a summons and complaint, then the JDB get's a judgement.

A jdb could serve you on a 20 year old debt (out of SOL everywhere) and win by default if you ignore the summons, then he has a judgment he can try and collect on.

Rule number one always fight back

rule number two deny deny deny

number three know what the laws in your state and the state you signed the initial contract in

number four use the fdcpa and fcra to your advantage whenever possible.

this debt may go away, but it may also get sold, since your on the page now get your form letters ready as well as a credit report and any documentation that shows when the account was in default then you'l be ready to fight back if it pops up again in the future. you could also be served without notice, don't ignore the summons, answer it in the time allowed, paying a lawyer to answer for you is expensive but it shows the jdb you want to fight,

in my own case (it's just sitting on the docket) the PTF attorney(JDB) has not engaged in any contact for over 90 days. the jdb was trying to pressure me through a summons to settle the account, they've lost interest since I filed my answer and counterclaim, they haven't even offered another settlement.

any debt no matter how old should not be ignored, if your prepared you can send the JDB's packing with a couple 39 cent letters.

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I'm late to ths thread and read all the replies. There are two people who differently have a love/hate relationship.

First off not all collectors tell the truth, in fact they lie, flat out... I had 3 collection from the same collection agency, I was informed they could NOT remove the collections off my CR's, I paid them all off, they shoed up on my CR as paid, and 3 months later, disputed them and they are no longer on them.

They well try all sorts of tricks to get your to pay.... It seems that peoples names who start paying collection agencies get put on a list. I have had 3 collection agencies try and collect on very old account 10+ yrs. I wrote them very stearn letters, to s how me the validitty of these account, 2 could not do this, one told me that they didn't have to and they were going to take me to court. all 3 got C&D letters and have never heard from them again, nothing on my CR (this happened 1.5 yrs ago.)

Collections is a Multi BILLION dollar business people.

I use to work with high risk kids, and one things I use to tell t hem was, a education is one thing NO ONE can take away from you, so get educatied on the SOL and rights regarding the collection agencies... They well do and say ANYTHING to money from you....

Tony/PHX

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To add to what Methuss and ghacorp are saying one needs to look at this from another angle. As we all know, CA's and their attorney's use whatever they can to cause one to pay, no matter whether the debt is timebarred or not. This includes standing in court and using their knowledge to convince a Judge you skipped. Therefore, what was said by these two is true and correct. BUT, as Methuss pointed out, it is up to the plaintiff to prove you were "hiding". How can they prove it? About the only way is to obtain utility bills, or addresses, that demonstrate one moves constantly without reason. This is not absolute as what if the debtor works in construction, for instance, and must follow the work, especially with the same company. This is where one defends themselves by being prepared for this action and demonstrates to the court that the claim is false. It's called litigation, people. The better prepared wins most always, especially in a court where the judge does not act on the law itself.

As to the OP's problem, the best recourse is to just send the C&D and go from there. If this idiot does sue, the OP's defense is all ready to show the court as they have sat down and covered each and every angle they can think of to provide a good defense. But, in most cases, once a CA/Att receives a C&D on a timebarred debt, they just go away. Most times is because they only want the consumer who does not know their rights, or a default judgement, not the fight. In short, they look for the weakling.

As to the entertainment point, this is not ture. Some may think it is, especially if they are in the business, but, many have been helped a great deal by those of us who come here. MY DW and I are good examples. I never fought before as I just "assumed" they were acting within the law. Wow, was I surprised. I've had great fun getting a couple of them "spanked" by their state, along with the medical providers involved. We even decided not to sue as their punishment was sufficient. My CR is clean and my DW's will be in Feb/07. Her one negative is an old CC where she fought back. They lost the money, she lost the TL.

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