Is there a SOL on bank accounts?

[curiousgina]

What is the name of your state? TX

Hello,
I wanted to know if there is SOL on overdrawn bank accounts. I owe a credit union 202 dollars from 2000. The supposed attorney's office called me this past week and told me that I owed the money and had until today, the 25 to pay it, or they will proceed with court proceedings. I told the girl that I couldn't pay it until the 2 of march. I just needed 4 extra days, and I could pay it in full. She said no, and I asked to speak to the person who can make that decision. I asked to speak to the attorney, and she refused, and said that I could speak to her office manager. The office manager told me the same thing, they wouldn't bugde on 4 days! I honestly do not think that I was speaking to the attorneys office. I think I was speaking to the collection company, because that is who I had originally called to discuss the debt and had given the collection company my contact #.She was the same girl I spoke to at the CC. So I have 2 questions:
1) Do SOL still apply to overdrawn bank accounts?
2) Did they break the law, by telling me they were from the attorneys office and going to sue if I didn't pay, and they were really the collection company?

Thank you for any help!

 

[seniorjudge]

Q: Do SOL still apply to overdrawn bank accounts?

A: If you mean is there an SOL for filing criminal charges or a civil suit, the answer to both is yes. I do not know what they are in your state, but see the info below.


Q: Did they break the law, by telling me they were from the attorneys office and going to sue if I didn't pay, and they were really the collection company?

A: It probably was a lawyer's office. Some lawyers allow their offices to be used as a collection agency.


Standard answer on expired SOL and/or validation letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[JETX]

Do SOL still apply to overdrawn bank accounts?

Yes. Since the account was opened in writing and is NOT an 'open account', the SOL for written contracts would apply. In Texas, that is 4 years from the DOLA (Date of Last Activity).

Did they break the law, by telling me they were from the attorneys office

No.

and going to sue if I didn't pay, and they were really the collection company?

No. If they can sue, they can 'threaten' to do so.

 

[curiousgina]

Well the reason I don't believe I was speaking to the attorneys office is because I had originally called the collection company instead of the attorney to discuss the matter. So, when the girl called me she said that I had spoken to her and told her I would pay, and I asked her" I spoke to you? I could have sworn I spoke to the collection company, not the attorneys office" and her response was a weird "Oh"
I even compared the number on my caller ID to the number for the collection company and it matched. It didn't match the number to the attorneys office that I also have. That is why I don't think it was the lawyers. They are 2 different numbers, and when I call them, the answering message, one says the collection company's name, and the other says the attorneys name.
That is why I don't think it was the attorney, I think it was the CC trying to scare me, at least I hope it was. But like I said, ALL I wanted was 4 more days, then I would have recieved my unemployment check, and I could have payed them.

 

[JETX]

Well the reason I don't believe I was speaking to the attorneys office is because I had originally called the collection company instead of the attorney to discuss the matter. So, when the girl called me she said that I had spoken to her and told her I would pay, and I asked her" I spoke to you? I could have sworn I spoke to the collection company, not the attorneys office" and her response was a weird "Oh"
I even compared the number on my caller ID to the number for the collection company and it matched. It didn't match the number to the attorneys office that I also have. That is why I don't think it was the lawyers. They are 2 different numbers, and when I call them, the answering message, one says the collection company's name, and the other says the attorneys name.
That is why I don't think it was the attorney, I think it was the CC trying to scare me, at least I hope it was. But like I said, ALL I wanted was 4 more days, then I would have recieved my unemployment check, and I could have payed them.

Okay?? And what does all that mean?? Nothing really.

 

[seniorjudge]

But like I said, ALL I wanted was 4 more days, then I would have recieved my unemployment check, and I could have payed them.

So, you are behind on the bill and you want to be rewarded for not paying on time by getting more time to pay?!

Explain that astounding logic to me. I may need to use it someday.