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bouncer
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I have a pass due Amex card. The statue of limitations passed a few months ago. I have not received any collection notices in a couple of years. I will be traveling overseas and need to get an Amex pre-paid travel check card. When I go online to get one it ask for my dob and SS number. Is it safe to give them this information? I’m afraid this will trigger new collection efforts. Does anyone think they will use this information to come after me?

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If the SOL is up, then even if they do come after you, you have an affirmative defense in court. BUT...AMEX has a very long memory. They might refuse you...they might also try to tack you previous debt onto your new account. While that probably wouldn't be legal, you would need to spend time and money fighting it.

Why AMEX? Visa and MC have similiar programs...

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While no one can give you a definitive answer, here are some things to consider.

A debt that old has likely been sold off to a debt buyer. Amex has essentially given the right to collect the debt to someone else. They may or may not have an interest in forwarding your new contact information to the new assignee.

Your information is still in their data base, and will be......forever. If new information suddenly pops up that the account is collectable, under their recourse agreement with the assignee, they could recall the account and attempt collection efforts. Though as was pointed out by willingtocope, you have an affirmative defense to any legal action.

Can they keep your money and not issue you the prepaid card? Depends. If your original agreement and your submission for a prepaid card both contain a cross-collateralization clause, it's not entirely out of the realm. (Except in NC, a judge told me this.) Though cross-collateralization typically applies to loans, and you're making a purchase, such an attempt would seem deceptive. But, read the fine print when you purchase the prepaid card; don't just click on the submission button that you agree to the terms.

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You can also get these Amex prepaid cards at your local bank have a relative get it for you and give it to you as a gift, if they allow such. Also I dont know about your personal situation, but you could always give a Employer Tax Id Number. If you have any source of income outside of your normal job it is easy to get one usually instantly online.

Pandmel

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Here is some information on Statue of Limitations that might help you:

In regards to the statues of limitations, it varies from state to state and depends on the type of debt involved. Depending on the state, open-ended contracts such as credit cards might be considered a written conract, an oral contract or have a different statute of limitations altogether. Be aware that you can restart an expired statue of limitations in some states by making a payment on an old debt or just by acknowledging that you owe the money. With an unpaid collection, if the debt is yours and within the SOL, be careful about disputing he information with the credit bureaus. You could awaken interest in collecting the deby by drawing attention to it. If you are not prepared to pay it or get sued and suffer a black mark on your credit score, it might be better to leave it alone and hope it slides off your report in a few years. If the SOL is well past, you can be more aggressive in trying to get it off your report. Make sure you don't start the SOL all over again. If you are unwilling to handle all of this yourself, a few good law firms handle cases like this. Use the National Association of Consumer Advocates to get a referral but steer clear of any law firm that guarantees results or demands enormous fees in advance.

One other point, a charge-off of a debt is just an accounting term. The creditor can continue to try to collect or sell the debt to a collection agency which can try to get you to pay. Your obligaton does not end when an unpaid debt falls off your credit report; collection action can continue. Your states SOL defines how long a creditor or collecton agency can take you to court over your debt. Even if you can't be sued, they can still ask you to pay.

:roll:

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