Friday, July 31, 2009

What if my states statute of limitations has expired on an old debt?

Does agreeing to make monthly payments but them not accepting have anything to do with the debt becoming valid again or does the statute of limitations still come into play? It has been almost 5 years and just now contacting me about an old debt in NC. The limitations for NC is 3 years but I told them I could possibly do a very small amount each month and they said it wasnt acceptable. Im dealing with an atty. by the way. What should I do? Can it still go against my credit if the limitations is up?

What if my states statute of limitations has expired on an old debt?
First of all Attorney (who is acting a as A Debt Collector)


still has to abide by the laws of FCRA. Make them validate


the debt, and whether they bought ithe debt or were assigned, and get it in writing. If it is past the Statue they


can try to collect all they want but can't pursue collections


unless they can validate the debt. Read thru this website


it will explain what they need for validation and if they place


a judgement on you without validating it, then you can sue them back. I got tired of debt collectors, so I send an all in one letter, stating not to call me at home or work, and proof


that you purchased or were assigned a debt, explain and show how you came up with the amount you say I owe, and


a copy of the signed contract that I signed saying I owe you


the money, and if you can't provide proof withing 30 days


that I invoke my rights to file a lawsuit against them.


Read thru this website carefully, all the letters are here and


lots of other information creditinfocenter com
Reply:Well statue on credit is 7 years. If it's a revolving dept, it probably recycles after it's passed on to different collectors. Ask your atterny, but if the refused you making payments, they may have lost the rights to collect. But if you verbally agreed to make payments at all, statute of lim may be null and void now too.
Reply:I haven't looked into this much, but I do know that acknowledging a debt with intention to pay it can extend the SOL in some jurisdictions. As far as credit goes, there is just going to be one listing on your report for the unpaid debt, it's not a continually updated thing, like where it would keep saying "the person still hasn't paid.





Dealing with an attorney was a good idea. If you have an attorney, let them talk to the people who own the debt. Talking to the collectors can be frustrating and they really have no obligation to be honest with you. So, don't necessarily believe what they tell you. You have to understand that these people have limited legal knowledge and their only intention is to get money in a lump sum so they can earn a commission.


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