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  #1  
Old 02-06-2006, 04:28 PM
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17 year old debt


I have a collection agency trying to collect a debt that is 17 years old. They say they have purchased this debt. As far as I know it was written off by the credit card company years ago, as I waited the 7 year period for it to come off my credit report 10 years ago. Is this legal?
  #2  
Old 02-06-2006, 05:26 PM
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Quote:
Originally Posted by sundog67
I have a collection agency trying to collect a debt that is 17 years old. They say they have purchased this debt. As far as I know it was written off by the credit card company years ago, as I waited the 7 year period for it to come off my credit report 10 years ago. Is this legal?
Tell them it is barred by the statute of limitations and that you will not be paying it.
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  #3  
Old 02-07-2006, 08:32 AM
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A-ha! badapple is not quite correct, the only thing they are barred from doing by the Statute of Limitations is taking it to court and suing you for it, even then they can still file a lawsuit, and you would have to use the fact that the debt is time barred as your affirmative defense to get the suit dismissed.

However, it doesn't matter how long it has been, they still have the right to try to collect because you NEVER stop owing them the money unless you have had it discharged in bankruptcy, otherwise you will owe it forever and they will always want their money.

They cannot put it back on your CR, but they can still try to get you to pay it.

You can, however, if you are tired of listening to them, send them a cease and desist letter informing them that the debt is time barred for a lawsuit and you will no longer accept any form of communications from them regarding the matter. Send it CMRRR and keep copies for yourself.

This will stop their calling and sending letters, but they will actually just turn around and resell the debt, then the next company will contact you until you send them the same sort of letter!
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