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Collection Agency Call - Owe Large Amount for an eBay Account


BrownDerby
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Hey everyone....

 

So I just received an out of the blue collection call regarding my eBay account back in 2003.  It was a time I had a small business and if I remember correctly the account was also closed in 2003, but not for fraudulent reasons.

 

The amount I owe with interest dating back from 05 is $7,000+  I've known that I had an amount due, but I had no idea it was this large.  The agent pretty much said that I needed to pay this in a week, otherwise I will be sued.

 

I know there's a statute of limitations for old debt on credit card companies; however, not sure if that applies to an account like eBay. 

 

I'd truly appreciate any help I can get on this, oh and I'm in Los Angeles, CA.  Thanks

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It most likely falls under a written contract and the SOL on those in CA is 4 years.  Which means that the time to sue you expired in 2009 at the latest if the last activity was 2005.  

 

I would ask for an address and send them a FOAD letter.  Technically you could sue them for threatening to take an action they cannot legally take.  

 

I am not certain this is not a scam because of the "pay us within a week or we sue" threat.  Did they want payment via western union or prepaid debit card?  That would be a sure sign.  

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Yep, call them back and ask them to send you a letter, then you can send a debt validation.  That will give you the dates you need to know that they have as your last activity.  If the 4 year sol is done, you can write them a ceast and desist.  The reason it is so high now, they have tacked on a ton of interest.

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Thank you guys so much. 

 

No I have not heard from them until now, and it's because I moved 4 or 5 times (all within same city), but still.. if they found me so easily now, then how is this the first time I'm hearing of this? However, I won't lie.. I knew I owed an amount, just not this significantly. And I hope I didn't incriminate myself, I should have been smarter.. the agent two separate times asked "so you knew you owed" and I did kind of say yes.  I mean the whole story short.. it was an eBay business with another person, and silly me (I was 19 at the time) agreed to use my account as the business, so the account was under my name. But anyways if you guys say SOL should have expired, then I should be good... I hope

 

Also Isn't it true that after this many years that eBay has cleared this debt, which is why they sold it to debt collectors? Then how come (maybe I misheard) I heard the agent saying eBay will want to follow up and sue me, I mean if not for eBay, who else can sue me? Would it be wise to call up eBay and ask them if this collection is with them or the agency? 

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no.  It doesn't matter if you owe it, and the amount is 100,000.  Companies have a certain amount of time to collect, once that time passes, they gave up that right.  What most likely happened is ebay sold the account to someone, and they know the sol is expired, they probably paid 50 bucks for it, and will try and hound you for payment.  If you give them anything, you have reset the SOL, and can be sued.  If your positive there has been no activity on the account since December, 2009, then they cannont sue you.  (well they can, but you would be able to sue them with a counter suit, and they would end up paying you)  The person who talked to you can said ebay will sue you has violated the FDCPA already if it is outside of the SOL, as well as the CA rosenthal act.

 

Either you can call them and ask they send everything to you in writing, and if and when they do, you will send them a Debt validation.  If they call you again, tell them you will do nothing over the phone, and to send you verification of the debt in writing. 

You can look on your credit report and see if they are reporting. (they should not be reporting if it was closed in 2003)  If they are it will tell you date of first delinquency.  If 4 years have past, I would send them a cease and desist letter.  If they call you again after that, you can sue them.

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Do not bury your head on this or you could end up with a default judgement. Start a file, save everything. You should be past SOL and in CA you may have a rosenthall complaint aginst them too. You need Calawyer's input on this. He is a CA attorney that helps out on here. Do not pay a dime or you will reset the SOL! I would also start keeping an eye on the local court calander to make ssure they don't try to sewer serve you with that many moves. You might be able to do it online or go by the court house once a week.

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Thanks, I definitely don't plan to just ignore this matter, as I won't be able to rest freely without knowing this thing is over.  I'll try try contacting Calawyer, I'm assuming that's his handle on here? 

 

Could you explain what you mean by sewer serve and why I should keep an eye out on the local court calendar.  I'm really clueless about these processes.

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Yes Calawayer is a Calif. att. Try PMing him and see if he pops up. Many times he is very busy. Because you have moved so many times they may try and serve you at an old address then claim they served hyou or just drop it on the front door. Who knows just what a JDB or CA will do. You can bet it will be illigal. Stay off the phone with them and only communicate by usmail. Have a recorder set up on your phone incase they do get through to you.

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Thanks TomnTex, I contacted him

 

I just found an article upon a search on how not reset the clock, and one of the ways to reset the clock according to this article is if you acknowledge your debt.  Now I mentioned above that I may have acknowledged the debt over the phone, I don't think I exactly said "this is mine" but in someway or some form I probably did make the acknowledgement.  Did I just screw myself here?

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Thanks TomnTex, I contacted him

 

I just found an article upon a search on how not reset the clock, and one of the ways to reset the clock according to this article is if you acknowledge your debt.  Now I mentioned above that I may have acknowledged the debt over the phone, I don't think I exactly said "this is mine" but in someway or some form I probably did make the acknowledgement.  Did I just screw myself here?

 

I don't think you did.  In California simply saying the debt is yours won't reset the clock.  The ONLY thing that will reset the SOL clock again once the SOL has run is signing a new agreement to pay.  

 

For now stay off the phone and do NOT acknowledge this debt to anyone who contacts you.

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I doubt that you have. You can claim confusion over the discussion and that without more info, you could not make a an accurate determination on whether the debt was yours or not. Please post up a link to that article you were talking about on resetting the SOL. I think I've seen it, not sure. It will help others.

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I think that article is wrong. Most states it takes activity on the account, like a payment, charge, signed stipulation to restart the clock. 

If they try to pull that, you can say you were confused about what if any debt they were talking about, it's up to them to prove it.  As long as you didn't make a payment, or agree to anything in writing.

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Having one been on the collection end of ebay I know that they will close the acct in about 30 days if you owe them money.  They then give it to a CA and if no luck it gets sold to a JDB.  Trust me this is in the hands of a JDB.  Ebay has long since washed their hands of this.  Fight it tooth and nail.

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CAL. CCP. CODE § 360 : California Code - Section 360 - 

No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, - See more at: http://codes.lp.findlaw.com/cacode/CCP/3/2/2/4/s360#sthash.6y93e2NG.dpuf

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