Past Debt - Collection Co wants money

What is the name of your state? California

About 11 years ago filed for personal bankruptcy. Did not include one credit card (gasoline company). Account was charged off at least 10 years ago and just 3 weeks ago received a letter from collection company saying they would settle for half the debt. Can a collector/creditor come back for debt after it is charged-off? What is the statute of limitation on consumer (unsecured) debt?

[I AM ALWAYS LIABLE]

Originally posted by RudyV
What is the name of your state? California

About 11 years ago filed for personal bankruptcy. Did not include one credit card (gasoline company). Account was charged off at least 10 years ago and just 3 weeks ago received a letter from collection company saying they would settle for half the debt. Can a collector/creditor come back for debt after it is charged-off? What is the statute of limitation on consumer (unsecured) debt?

My response:

First of all, whether or not the debt is "charged off" has nothing to do with whether you owe a debt. That term is used merely for accounting purposes.

However, the reason why they are asking for 1/2 is because some money is better than no money. You see, they are trying to induce you to pay the debt by giving you, what looks to be on it's face, a "good deal."

But, what they are not telling you is that the debt is WAY beyond the Statute of Limitations in California. That debt expired 4 years after your last activity or your last payment.

So, you can tell the Credit Agency to "kiss my grits." You don't owe them a dime.

IAAL

Thanks IAAL for the advice. My gut was telling me that the collector was not being genuine. When we asked the collector how could they try and collect after 10 years without any word from the creditor or anyone else during that time, they just told us if we did not pay within 30 days they would take legal action and report the debt on our credit report. We have recently started up our credit and have been doing very well. As a matter of fact, I believe the original debt in question doesn't even appear on our credit report. So I was concerned they would put the debt back on our credit report if we paid any portion of the old debt. Can the collection agency put this past debt back into our credit report? What should I do to make sure the collector does not continue to contact me or take legal action? Is there anything I can do to support the statute of limitation issue? Where is the legal reference for the 4 year statute of limitation? Please advise. Thanks!

[bigun]

Negative info falls off a credit report after 7 years {10 years for a chapter 7 bk}. If they place it on your report they have "re-aged" and that is illegal. Get a copy of your report now and make sure it is not on there and then, keep that report.
Credit cards are defined as open accounts per Reg Z of the Truth in Lending Act. [url]www.creditinfocenter.com[/url] has a list of SOL's in all states. Just send the CA a letter saying you don't recognize the debt and in any event the debt is time barred and never contact you again. SEnd the letter CRRR.

[bigun]

Just a P.S. here but if the CA is Gulfstates or, OSI I can direct you to a site where 2 Ca. residents have located a lawyer that is interested in filing a class action suit against these 2.

Thanks Bigun (and IAAL). Advise well taken and will do. The CA is neither of the companies you stated. Thanks again to all. You have made my year start off right!!!!