So was this another collection agency scam and can I sue them for trying to collect

I posted a question before about being charged-off from an Amex credit card debt 10 years ago. 10 yrs ago, I was a student and was offered an Amex card. I charged up the card around $1,500.00. I was on a budget and could not pay it. I started getting harrassed on the phone by a collector who was very insulting and trying to scare me. I had to see a lawyer to stop these awful phone calls I was getting. After I saw the lawyer, the harrassment stopped and the billing statements stopped coming to my house. Now it is 10 years later and I received a statement from a collection agency in N.Y. saying that they were hired by Amex on my past due account. They want to collect $4,621.00 in 30 days. I was overwhelmed and scared with the letter and the amount that they were claiming I owed now. I was never sued before by Amex or had a judgment from them in the last 10 years. I called the agency and they said that if I Western Union them $1,850.00 in 5 days, the amount would be settled with their client, Amex. Now , after getting 2 responses on this free advice forum, I find out that I shouldn't have paid since I can state an SOL expiration. Can I now hire a lawyer and sue the collection agency for trying to collect from me? What can I do? I didn't have that kind of money to give them and I had to beg from relatives to loan me the money. Feel helpless now.

[I AM ALWAYS LIABLE]

My response:

That was Bigun and Steve Halket who responded to you.

Now that you've paid the debt, there's nothing you can do. You fell for the "trap", and it's a done deal. By settling the matter, you thereby "acknowledged" the debt, which started the Statute of Limitations all over again. You agreed, and they agreed, to settle for a lesser amount - -which is called a "novation" - - despite the Statute of Limitations.

You are imbued with knowledge of the law. You've heard the old addage, "Ignorance of the law is not an excuse" ? So, whether or not you actually knew of the Statute of Limitations, that is no longer a defense for you - - and, they didn't do anything "illegal" in settling the debt. You just didn't know your rights, and were bamboozled.

The Statute of Limitations is YOUR obligation to exercise. It is not THEIR obligation to inform you of your rights and of the laws that can save you from them. THEIR obligation is merely to collect the debt.

"Hindsight has 20 / 20 vision."

Now, you'll know if there's a "next time."

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-09-2001 at 03:50 PM]