One thing you can do it contact the credit reporting agency that is showing it andtell them you want to dispute it. They have a number of days, 90I think, to send you a form and follow up.
Well, check your states statute of limitations. If the SOL is up then tell the company to stop contacting you are you will sue them for harassment based on the fact that they have no claim under your state's SOL. The collection agency will try to say you still "owe" and I guess you do if it is your debt but you no longer have any legal obligation to pay.
They can't freeze the account initially. First, they must try to collect the debt from you. Then, they can sue you if you do not pay. If they win a judgment against you, they can freeze the bank account. Sometimes collection agencies sue people for debt that is not their or that is past the statute of limitations. Learn your rights by reading up on the FDCPA.
The SOL begins when an account is considered in default. SOL's only apply to lawsuits, they do not halt collection procedures by the OC or an assigned collection agency.
Yes, with 10 years interest. What about statute of limitations? Well, they can sure TRY, but I wouldn't worry about it too much. And if it becomes a case of where they are harassing you, YOU most likely have the more powerful position at this point and can take steps to halt their harassing ways. After the statute of limitations has expired (check with your state to find out exactly how long this is), there is very little legal recourse the collection agency has to collect on the debt owed. Once it has become outdated and removed from your credit report ( after 7 years), it can never again be reported (LEGALLY). I can tell you, I have one now trying to collect a debt that is back from 1991 AND had actually been paid to the original lender. They (collection agencies) are like a bunch of sharks!
There are very few states that have laws regulating the attempt at collection on old debts like these. However, if you live in New Mexico and very shortly NY they have to inform you that they have no legal recourse and you have to pay it out of the goodness of your heart. Collection Agencies in Mississippi and Wisconsin have to clear the tradeline on the credit bureau as soon as the account is past the Statute of Limitations.
The statute of limitations is how long a collection agency can collect and sue or the debt. It makes no difference how much or how little the amount is. The only limitations are time.
Yes, there is no statute of limitations on debt.
yes it is an option for them
The statute of limitations starts counting immediately when you made the last payment to either the credit card company or the collection agency. If you ever make a payment to either of them the statute of limitations will start over. If you have not made any payments to the credit card company recently and the credit card company sells the debt to the collection agency, the collection agency's statute of limitations will be from the date that you last paid the credit card company. Furthermore, if the statute of limitations is over and the collection agency continues to keep collecting the debt, you can send them a letter (certified is the preferred method) to stop all contact with you. Under the Fair Credit Reporting Act (FCRA), they would be required to stop immediately upon receipt of the letter (unless they are taking legal action in a court then they can send you legal notices only). If they do not stop, you are entitled to collect monetary damages as outlined in the FRCA. This does not stop the collection agency from reporting to your credit report. Your credit reporting falls under a different set of rules which basically removes most collections debts (except for court judgements) after 7-10 years.
If the statute of limitations has expired, the collection agency is just blowing smoke. Tell them that you know the statute of limitations has expired and they have no right to harass you.
There is a federal law entitled the FDCPA. Any time you have a collection question you should search for the answer there first. An agency can attempt to collect the debt that is out of statute but they have no way of legally enforcing payment. Many times a person will pay an outstanding bill when its out of statute because they are not aware there are statutes of limitations. Sometimes a bill collection company will not even know that the statute tolled on the debt. Many times the client does not give the agency proper information purposely or by accident.....
Indefinitely!! However that "statute of limitations" is different per state. These limitations prevent an agency from suing you or reporting your debt to the credit bureaus if the age of the debt is too long. Here's the limitations per state: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html Experience: I own a collection agency.
The limitation is 3 years. The start of that time is the last acknowledgement of the debt, which could a payment.
The statute of limitations starts on the date of the last activity on the account. So, making any payments at all restarts the statute of limitations period. In Wisconsin, the statute of limitations is 6 years. After that, they cannot collect.
In Ohio, the statute of limitations for debt collection lawsuits is six years for most types of debts. After this time period has passed, the debt collector cannot legally sue you to collect the debt.
Yes. Deletion from the credit report does not affect whether the debt is owed or whether the statute of limitations on the debt has expired. Note that even if the statute of limitations has expired, collectors still can try to collect the debt -- they just cannot use the courts (or threat of legal action) to collect the debt. If you are getting collection calls on a debt that is past the statute of limitations, just send a written demand to the collector to cease all calls.
Assuming you mean "pay" instead of "pat," the answer is no. However, if the debt is yours - you can be sued for it. And if the collection agency wins, you can have your wages garnished or your checking account. Keep in mind that each state has a different statute of limitations (SOL) for debt, and collection agencies often try to collect on debt that is past the SOL. Once it is past the SOL, you cannot be sued for it.