Harassed on a 10yr old debt-- LEGAL?

I really need some advice. I'll be brief...

Credit card debt in California ten years ago. Debt went to a collection agency, eventually onto my trw. Debt has since FALLEN OFF of my trw according to the seven year california law. Have since moved to Arkansas. New debt collector has found me for this 10 year old debt. I am now being HARASSED by this collection agency -- calling incessantly, abusive language, screaming at me by his supervisor, hanging up on me, threatening me, calling at 8:12 on SATURDAY morning, etc. Plus, he tells me that according to Arkansas, debts can stay on the trw for eleven years, and therefore this debt could be reposted.

IS THIS LEGAL?!?!??!

HELP!!

And if you can't help, PLEASE guide me in the right direction. I need to know my rights, and I don't know where to begin.

Thank you so very much,
maypop

[crusheroz]

the statue of limitations for an open ended account (includes credit cards) is 6 years for Arkansas, and 4 years in Californa. Here is the link I used.
[url]http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml[/url]

[I AM ALWAYS LIABLE]

My response:

The Statute of Limitations for debts, judgments & taxes

The statute of limitations is a civil code. Each state has its own statute, For instance, The code section in Cal. Code of Civil Procedure § 337. The legal meaning for Statute of limitations is: THE TIME OF COMMENCING ACTIONS-Time allowed for litigation-lawsuit can be brought. After that time, it has expired. Statute is a law. Passed by legislation and varies by state.

The original statute of limitations begins at the onset of the contract signing. Statute of limitations vary from state to state but it is usually 4-6 years depending on the state. The term statute of limitations means the time allotted to legally enforce the debt. if a statute expires and someone sues you, It is up to you to bring the expired sol defense to the other parties attention. If you say nothing or do not bring up the expired statute then the judgment can be entered. Don't assume it means the other party is barred from attempting to collect. It simply means that your defense is the expired SOL.

If your statute of limitations has expired that means that the debt cannot be enforced by lawsuit, that does not dismiss the debt and the creditor can still leave it on your credit for 7 years (excluding some public records, those can remain for 10 years) but legally you do not have to pay it if the statute has expired. Additionally tax liens remain on your credit reports for 7 years from date satisfied not filed. If they remain unpaid they can stay longer, however they are only collectable for 10 years. Keep in mind that the tolling of the time can be extended by offer and compromises and payments.

Many people confuse the statute of limitations to collect a debt with the time a debt is allowed to remain on your credit reports.

The two are separate. Credit bureaus are allowed a certain time frame to report debts. See Reporting time for details. Another big fear is that paying it will extend the time it is allowed to be reported on your credit.

Debts are reported from FIRST delinquency or written off date, not by last activity or last payment. Exclusions would be tax liens. They remain from date paid for 7 years and can remain indefinitely if unpaid.

Paying a debt will not re-start the clock for reporting it but you could re-start the clock for collecting it so if you pay it, either pay it in full or restrictively, as to have no worries.

Here is the law as interpreted by Alice k. Helm LL.B.,J.D Appellate Judge:

Action for money loaned or other simple contract debts are ordinarily barred after the expiration of the statute of limitations however, the promise by the borrower to pay the loan, or a partial payment in many instances removes any limitation and the period of which a action may be brought is renewed after such acknowledgment of the debt for another corresponding period. End Quotes"

What this means is, a promise to pay or partial payment will renew the statute, many people think that only a renewed promise to pay does this. That is not the case. Either or can renew the statute. In every state where their is the right to file suit on a debtor there is also a time within that the suit may be filed. This is a powerful tool if you are aware of it. Just remember a partial payment, promise to pay or regular payment on the debt can remove the limitation and the period can be re-newed! The law is quite clear on this. Check your state laws to determine your statutes as state laws differ.

IAAL

[Jeter]

There is one very important point that is being missed here. Whether or not you are past the statute of limitations, any type of harrassment about your debt is ILLEGAL. According to the FDCPA (fair debt collectors practices act), a collector may NOT engage in the activity you describe (abusive language, hanging up on you, threats, etc.)
As a debtor, you also have rights. I would reccomend that you send them a "cease and desist" letter. You do not need a lawyer for this. Simply list your account number, name, amount owed and the name of the company. Then let them know in no uncertain terms that you DO NOT want them contacting you by phone regarding this debt. By law they MUST cease any and all contact by phone and the only way they may contact you is by mail. Additionally, their mail contact may only be for purposes of informing you of what you owe, NOT anything of a harrassing nature. Send this letter via certified mail, return reciept so the agency cannot deny reciept of it. If after recieving this lettter they continue to call, you may sue the collection agency as a whole, as well as any person who called you, seperately, for harrasment. I would reccomend logging the time, date, name of the party and possibly recording the conversation if your state law mandates that you are allowed. As a consumer, you will win.

IAAL,

I found your posting very informative. I have a question, if you wouldn't mind answering it.

Looking at the line stating that "The original statute of limitations begins at the onset of the contract signing. Statute of limitations vary from state to state but it is usually 4-6 years depending on the state. The term statute of limitations means the time allotted to legally enforce the debt."

Suppose a rental lease is signed in year 0 (say) for a 1-year tenancy, and then regularly extended for periods of 1 year for many years. This brings us to (say) year 10 for a contract, initially signed 10 years before, and an extension signing every year since. If a violation of the lease occurs around the tenth year (or whatever) which provokes a debt, is the landlord in danger of losing his right to bring a suit because of the Statute of Limitations? Or, is each yearly extension considered signing of a new contract?

My real question here is one of policy: I usually use lease extensions rather than new yearly leases because I do not inspect and return security deposits after each year, preferring to wait until the tenant actually leaves, and then treat tenancy as one long lease period. Should I re-think this policy in view of SOL?

Thanks,

LL

[I AM ALWAYS LIABLE]

Originally posted by LL
IAAL,

I found your posting very informative. I have a question, if you wouldn't mind answering it.

Looking at the line stating that "The original statute of limitations begins at the onset of the contract signing. Statute of limitations vary from state to state but it is usually 4-6 years depending on the state. The term statute of limitations means the time allotted to legally enforce the debt."

Suppose a rental lease is signed in year 0 (say) for a 1-year tenancy, and then regularly extended for periods of 1 year for many years. This brings us to (say) year 10 for a contract, initially signed 10 years before, and an extension signing every year since. If a violation of the lease occurs around the tenth year (or whatever) which provokes a debt, is the landlord in danger of losing his right to bring a suit because of the Statute of Limitations? Or, is each yearly extension considered signing of a new contract?

My real question here is one of policy: I usually use lease extensions rather than new yearly leases because I do not inspect and return security deposits after each year, preferring to wait until the tenant actually leaves, and then treat tenancy as one long lease period. Should I re-think this policy in view of SOL?

Thanks,

LL

My response:

No, you're fine.

The S.O.L. "clock" re-starts from the date of the last payment on the contract, no matter how many "extensions" of the contract there may be, and no matter how many years have passed.

IAAL

IAAL,

Thank you.


LL

P.S.,

I read your response before I read your disclaimer saying that my reading your response meant my agreement to something.

Sorry.