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  #1  
Old 06-13-2002, 12:08 AM
tucchase
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Credit Card Account Collection over 10 years after account Closed?


What is the name of your state? What is the name of your state? Arizona
I just received a notice of collection by a company that had just purchased an account, with my name on it, from another company who had supposedly purchased it from First Interstate Bank of Arizona. My wife and I filed Chapter 13 in 1989 and it was cleared and finished in 1993. We paid all debtor's who responded, in full. At that time we had exactly one account (Visa Card) with First Interstate (now Wells Fargo of AZ) and it was included and paid in the bankruptcy. I believe I had had a previous Visa Card with FIofA, but that account was changed and carried over to the account we had at the time we filed Chap 13. My questions are: Can a company acquire an account that no longer exists? How can I get information about an account(that supposedly ceased to exist 10 or more years ago), and what actually happened to it, from a company that no longer exists? Also, If a company sells an account, are they required to notify the person(s) listed on the account of said purchase? We have never received any notice from anyone about this account. Unfortunately, I no longer have billing statements prior to 1989, and the only statements I have after that are for the account included in the bankruptcy.
  #2  
Old 06-14-2002, 01:36 AM
tucchase
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Unhappy

I found out more info today. Now I remember having this MC and we were having trouble paying it. We did, however, pay it in full, in person, at one of the local branches of First Interstate Bank of AZ. Unfortunately, we paid it off (we thought) before we filed Chap. 13 a couple months later. Therefore we did not include it in the bankruptcy because we thought we were done with it. Evidently the bank failed to process the account correctly, or failed to inform the first collection agency it had been paid. If we had not paid it off, we definately would have included it in the Chap 13. Both VMI, Inc. and CAMCO say they show sending notices to us. We do not remember receiving any. However, I notice in looking at the envelope we received from CAMCO last week, that it looks like a piece of junk mail for investments. If the VMI envelopes looked similar, we probably threw them in the trash unopened. I was bored last week and decided to see what scheme someone wanted us to invest in so I opened this one. I notice in the law sites that collection companies are not allowed to say "collection" on the envelope, but they should be required to say something to the effect that this envelope could be important to you. Or send it with confirmation. Not many people will toss something they had to sign for, in my opinion anyway. But that might cut the amount of interest these companies can collect, wouldn't it. Does anyone have an idea where to find out if Wells Fargo would still have copies (microfiche, or other)of account statements from 1988 and before?
  #3  
Old 06-14-2002, 06:36 AM
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Join Date: May 2001
Posts: 6,450
The SOL on cc debt in Az. is 4 years. The clock ran out on collecting that account years ago. Just tell 'em to pound sand. If per chance they do sue, you must show up in court and employ the SOL defense.
  #4  
Old 06-17-2002, 02:07 PM
tucchase
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Bigun - Do you have a reference for that SOL? A person at the State Attorney General's office in Phoenix said there is no SOL. It would be a really great help if you happen to have the Arizona Revised Statute number.
  #5  
Old 06-17-2002, 02:12 PM
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Join Date: May 2001
Posts: 6,450
Try [url]www.creditinfocenter.com[/url]
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