lebinky Posted November 7, 2008 Report Share Posted November 7, 2008 Hello all, for the last couple of weeks I have been receiving collection calls from a CA in regards to a JC Penney's charge card that charged off in 1987. Obviously, this negative account has dropped off my credit report long ago. I have yet to send a "desist communications letter", but I am planning to. I live in KY and our statute of limitations for this kind of account appears to be 5yrs. I'm curious if I can take legal action against the CA for continually calling me on an account whose statute of limitations has expired? Thanks for the help. Link to comment Share on other sites More sharing options...
willingtocope Posted November 7, 2008 Report Share Posted November 7, 2008 Send them a FOAD letter. Other than that, not much to be done. Except in WI and MO, that have "statue of repose" laws, old debts never die. They can still try to collect. All SOL means is if they sue, and you show up and raise the SOL as a defense, and the judge agrees, they don't win. Link to comment Share on other sites More sharing options...
Ahntara Posted November 9, 2008 Report Share Posted November 9, 2008 Sounds like you may be confused about SOL.SOL is state law that details the time period during which a valid lawsuit may be brought against you and the ramifications should judgment be granted. The expiration of this time period doesn't automatically prevent a suit, but rather, provides an affirmative defense.SOL doesn't address collection efforts, which can continue (pretty much) forever on unpaid debts. So, no, you have no legal recourse on a CA attempting to collect an old, unpaid debt.But you do have the option of sending the cease communication letter. Link to comment Share on other sites More sharing options...
nascar Posted November 9, 2008 Report Share Posted November 9, 2008 SOL doesn't address collection efforts, which can continue (pretty much) forever on unpaid debts. So, no, you have no legal recourse on a CA attempting to collect an old, unpaid debt.But you do have the option of sending the cease communication letter.Technically, I guess that's true but filing a lawsuit on a debt after the expiration of the SOL has been held to be a violation of the FDCPA across several jurisdictions. I would send the C&D letter but also include a caveat warning the CA about filing suit on old accounts. If they do, and you counterclaim (having not sent the notice), they can claim bona-fide error. By sending the correspondence about the SOL, you can cast some serious doubt on the error defense if they proceed with a lawsuit against you anyway. Link to comment Share on other sites More sharing options...
lebinky Posted November 10, 2008 Author Report Share Posted November 10, 2008 Thanks for the responses everyone. They were very helpful. I'll send a "cease communications" letter and see what happens. Link to comment Share on other sites More sharing options...
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