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Collections/SoL Help


jezter6
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I have 2 debts (ancient) that I don't even know are mine. They are listed as Maryland National Bank, but I wasn't in Maryland at the time - in fact, they only started harassing me with the credit agency once I filed Maryland taxes and became a resident here. I moved to MD in summer of 05 and filed taxes for half a year in MD for that year. Previously, I lived in PA all my life.

As far as I see from the SoL page, credit card accounts are 3 or 4 years depending on which state I can dispute under. I'm not sure about that fact.

Here's a listing from my report. I have an exact same one for a different amount due with the same collection agency. On the one time I attempted to be civil with them, they said the last known payment was in 2003 with the original creditor. Where's the SoL reset? 2003? 2006 where they took over?

Status: Collection account. $2,499 past due as of Mar 2008.

Status Details:

This account is scheduled to continue on record until May 2009.

This item was verified and updated on Mar 2008.

Date Opened: 10/2006

Type: Installment

Credit Limit:$2,236

Date of Status: 11/2006

Terms: 1 Months

High Balance: NA

Reported Since: 11/2006

Monthly Payment: $0

Recent Balance: $2,499

Last Reported Date: 03/2008

Responsibility: Individual

Recent Payment: $0

Account History: Collection as of Nov 2006 to Mar 2008

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You have at least a couple of options...

You can dispute the acccount with the CRA and a few days later, Dispute and request validation from the CA - this may "take care of the problem" or may at least give you some more information to go on.

If you are positive this cannot be your account/your responsibility, you can file an ID Theft report with the FTC and/or your local law enforcement which should pretty much settle the matter (it should get removed from your bureau reports and stop any "collections").

Is this CA contacting you/actively trying to collect?

If so, I would either start the DV process or you could send a cease communication letter (C&D letter) - however, the problem with a C&D lettter is that it cuts off all communication which may be a problem if you are trying to get the bottom of this/find out where it came from.

One more thought, in today's world, the fact that you never lived in MD until now does not mean you could not have had an account with them so you may want to do a bit of investigating before you assume the account isn't yours.

The best news is that this account appears to be well past the SOL and is close to dropping off your reports anyway.

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I do see it's near dropping off the report, but I don't want to wait a year if I don't have to. It's true that it could be something from MD and I lived in PA, but if this is mine, it's a pile of debt sellings that I can't find a trail for. They claim it's Maryland National Bank. I know I never had a card with them, but I may have had a card with a company they purchased, or somehow bought debt from, I don't know. However phone conversations with them never go well and they will only tell me it's Maryland National Bank and because my social is on the account, it's 100% sure that I'm just trying to hedge out on my debt.

If it's mine, so be it, but all I want is proof. I recently found out that my ex-wife had a cell phone in my name right after we got separated. I found out by calling Verizon after I saw them on the report, they told me the address the bills were being sent to, which led me right to her door. I don't want to fight the ex-wife over $95, so I just paid it. Maybe the wrong thing to do, but at least I feel better that it's paid and closed properly.

I did file electronic dispute with Experian, which came back with this:

SSET ACCEPTANCE LLC

Account Number: 2824.... Outcome: Updated

ASSET ACCEPTANCE LLC

Account Number: 2824.... Outcome: Updated

I have no idea what that means...

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Strange. I have a checking and savings account with Bank of America and am in pretty good standing with them. You'd think they would have given me crap about it.

It's always possible that I had an MBNA card, but this was many years ago and I was going through a divorce and kinda messed up, so who knows. At least I know the Discover card line is my card, but I don't know about this one.

Either way - my question about SoL still stands. It's definately been more than 3-4 years since I've been associated with this account in any active manner. Collections picked it up in 10/2006. Am I clear to tell them to screw off in regards to my SoL?

What's the proper procedure for doing such?

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MBNA bought up lots of banks too though and/or took over other banks credit card business. One of my accounts with them was a SunTrust Mastercard.

Since you have no idea what this is, I would just send a simple DV and go from there. They may drop it, or they may provide you with docs. If they provide you with docs, you should have enough info to figure out exactly what the account is, if the SOL is up, etc. If at that point SOL is up, and they're pursuing the account, then do a C&D. Don't assume it's safe to do so now, especially since you don't yet recognize the account.

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I doubt they will drop it. We're talking $6k, and they call me monthly - in spurts. I've got their number down and stop picking up anything I don't know so I don't have to talk to them.

In speaking with them the one time I did bother to listen more than a second or two, they did provide me with (verbal) that the last actual payment was sometime in 2003, which should put my SOL clock starting there - right? Assuming I DV and they actually DO send me paperwork that says 2003 - I'm ok on SoL?

My theory (please let me know if I'm just being stupid): If the report dispute says that it will be removed on May 2009, then I must be 6 years since the clock started ticking. 6 years is absolutely more than SoL in any state I've been in past or present.

Since (from my reading which may not be accurate) they don't have to respond to my DV letter, and my quick inquiry from Experian came back as 'validated,' my next step is then to C&D and tell them to bugger off?

Should I attempt to negotiate a pittance of the actual debt (3-7 cents/dollar) to remove it completely? Does that restart my SoL clock by attempting to negotiate?

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The period that negative information like this is allowed to be reportedt on your credit reports is approximately 7.5 years measured from the date the account became deliquent andd never brought current.

The Statute of Limitations for court actoin can be affectd by many things but based on what you said, the starting point to measure it would likely be form the time of the last payment on the account.

Many people confuse these but the two periods actually have nothing to do with one another.

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Right. I acknowledge that the credit report thing is the 7.5 years, which according to the above posted info from the report says is to be vacated in May 09.

That should mean that the debt itself is SoL, as the SoL is either 3 or 4 years pending which state.

If 7.5 years is up May 09, then the Last Delinquincy must be around 11/02 or 12/02, right? My math isn't so great. If that's the case, my SoL on a 2002 or 2003 debt would be gone by the same month 2007 at MAX of 4 years?

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That should mean that the debt itself is SoL, as the SoL is either 3 or 4 years pending which state.

If 7.5 years is up May 09, then the Last Delinquincy must be around 11/02 or 12/02, right? My math isn't so great. If that's the case, my SoL on a 2002 or 2003 debt would be gone by the same month 2007 at MAX of 4 years?

There is not a simple straightforward answer to your question. You moved from one state to another state. That really complicates things since the SOL in the old state normally "tolls" or stops running when you leave the state and will start running again if you return.

To be even more complicated, some states have "borrowing" provisions which effectively import the SOL from the old state.

Without becoming an expert in the SOL statutes of both PA and MD, I don't think anyone can give you a straight-up yes or no.

The FDCPA says that you may be sued in either the judicial district where you signed the agreement or in the judicial district where you reside, Assume you are sued in PA (where you signed the agreement) and the SOL in PA has tolled under their statute. A judgment is awarded and then domesticated in MD where you reside today.

That scenario is not likely -- but it is possible.

Since there is some risk, my advice would be to not kick a sleeping dog. I would not DV and I would not send a C&D as either will alert the debt owner that you are alive and kicking. I would continue your practice of avoiding any telephone conversation.

To me this seems a small annoyance and small price to pay in hopes this thing would die a quiet death.

Logically, there is some point where enough time has passed that you could safely send a C&D. But, as long as this thing is not giving you grief I would just leave it alone.

Make sense?

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I guess I'll have to get a professional (ie: pay someone) opinion. I do like the idea of ignoring them until May next year, but I'd also like to just get rid of this if I can. It is giving me grief because I only have a cell phone, and that's the number they know, and they call the crap out if in spurts. Sometimes I'll go 2-3 weeks, other times it will be 3 times a day.

I'm not one of those short timers hoping to buy a house this year, but I do want to do whatever I can to resolve myself of all these problems and start over fresh as best possible.

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It is giving me grief because I only have a cell phone, and that's the number they know, and they call the crap out if in spurts. Sometimes I'll go 2-3 weeks, other times it will be 3 times a day.

What is so hard about just hanging up or ignoring their calls? You have no obligation to talk to them. If this is your biggest problem, you have a really low threshold for grief.

I still think this is a small price to pay for not kicking a sleeping dog. You do what you want.

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