This past summer, a collection agency contacted me in regards to an account with a department store that was paid off in 1993. They told me I still owe on it. I no longer live in the state where the debt was initiated, so which state's statute of limitations do I use, the state where the debt originated or where I currently live? Telling the agent who calls me that I don't owe it doesn't work. They tell me that their client still wants their money. Could this be a scam?
How long can a collection agency attempt to collect on a debt more than 10 years old?
This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.
Technically, a debt collector can come after you forever...however, once the statute of limitations is up...they've lost the power to successfully win in court if they sued on the debt. Per the Fair Debt Collection Practices Act you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt.
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* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
Reply:contact the company that they say you own money to and find out if it is indeed a scam or not. if you do owe them money, then you can go on from there. if you don't, contact the police and tell them your problem. also contact your phone provider to find the number/name of the person calling you in regards to this problem.
if you do owe the money, the collectors are going to be on you like white on rice. they will try to get you to pay the money and if you don't, then your credit takes a dive into a pool where there is (probably but hopefully not) no ending. If the debt is real, i am pretty sure you follow the rules of the state where the debt was initiated.
Reply:someone sold him your collection that was past the statute of limitations and he is trying to get his money back. I am sure he probably bought a lot of old collection accounts and is calling anyone just to find someone vulnerable enough to actually pay him. you need to write him a cease and desist letter. there are a bunch of samples to choose from on the internet. I had to do that and after I sent the letter I never heard from that person again.
Reply:I would do some research. There are currently 11 states that have statute of limitation on "written" contracts ranging from 8 - 15 years.
Reply:Wow that might just be a scam cause they can only try collecting for 7 yrs.
Reply:Sorry this is NOT a scam. Collection agency just like credit cards can buy and sell that note (or your debt) and every time that note is sold then it is a new 7 years for your credit card.
Now if you live in TX, you can call the collection and ask them that you dispute it. Or if you receive a letter from them write back Cease and Desist Dispute. This means by Federal law that the collection department can NOT call you or mail (expect the proof of debt) until the proof is sent, Get this letter certified thru the mail. Only in TX, that agency only has 30 days to give you proof that this is a valid debt. If this debt shows up on the 31st day then the debt is invalid to collect on. Any other state, still use Cease and Desist Dispute.and then send certified the proof you have that the debt was paid off. Also run your credit report the collection company may show up. Also dispute all 3 of your credit reports.
Good Luck,
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