| Q1) "Is there a statute of limitation on sending debt to collection?"
A1) As you have asked the question, the answer is no, a creditor or debt collector can file anything they want as old as they want. The key here is 'does it stick'?? The answer to that is, depends. In NJ, the SOL (Statute of Limitations) on open accounts (credit card type) is 6 years. So, the creditor can pursue recovery against you for 6 years from the last transaction (or breach). If he attempts to collect (by contact or lawsuit) after the expiration of that time, you can simply respond that the debt is unenforcable due to expiration. Then, if reported to the CRA (Credit Reporting Agency), it can stay for an additional 7 years. That means that your negative credit 'hit' can be on your report for up to 13 years!!!
Q2) "Since the original debtor never contacted me about this debt, did they have the right to send the debt to collection?"
A2) Yes. Once you failed to repay the creditor as agreed (breach), they can pursue the debt in accordance with the applicable laws. And the laws do NOT require any specific notice before sending to collection.
Finally, the only way to clear this up to meet your mortgage lenders profile is to pay the claimed debt and get a release. Then, the lender MIGHT allow it to go through (depending on other reports in your filess).
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |