collection Firm and SOL

[busmedic46]

What is the name of your state? Tn.

I was contacted by phone at my job by a collection agency lawyer on June 30th who stated I had 2 credit cards with a company since 1990 and they went default in Aug of 1999. He said the sum of the cards was $6800 dollars but he would accept a one time payoff of $3800. if I would pay now. I asked for verification on this and he stated that if he had to order the records from the original creditor the one time pay off deal would not be offered. I told him I never had a credit card with this company in the first place and didn't owe this. He asked if I had an exwife and I stated yes. He said she may have obtained the cards using my name and I was still responsible for the account even though I never knew anything about it and never signed a contract of any kind. I was wanting to know what the SOL is on this type of debt? Am I truly liable even though I knew nothing of this in the 1st place? What should my recourse be?

Thanks

[Ladynred]

The SOL in TN is SIX YEARS. If these alleged accounts went into default in 1999, the SOL ran out in 2005. Get the address of this 'law firm' and send them a cease and desist letter telling them never to contact you about the alleged debt again as it is time barred.

FYI - never ask for 'verification', you always ask for VALIDATION and NEVER over the phone, do it in writing. Regardless, on a debt that old they have ZERO proof and it's highly unlikely they would spend the money to go back to the original creditor.. and the OC may not have any proof any more either !

Send the letter certified, RRR and keep copies of everything. Harrassing you after that is a further violation of the FDCPA and you could sue them for it.

[busmedic46]

Originally Posted by Ladynred

The SOL in TN is SIX YEARS. If these alleged accounts went into default in 1999, the SOL ran out in 2005. Get the address of this 'law firm' and send them a cease and desist letter telling them never to contact you about the alleged debt again as it is time barred.

FYI - never ask for 'verification', you always ask for VALIDATION and NEVER over the phone, do it in writing. Regardless, on a debt that old they have ZERO proof and it's highly unlikely they would spend the money to go back to the original creditor.. and the OC may not have any proof any more either !

Send the letter certified, RRR and keep copies of everything. Harrassing you after that is a further violation of the FDCPA and you could sue them for it.

I checked my credit report and this is listed on there. Can I have this removed or will it stay there for 7 years or longer?

[Ladynred]

Negative tradelines stay on your reports for 7 years PLUS 180 days, beginning with the date of first delinquency that immediately preceded placement for collections and/or charge-off. Basically, it started 30 days after your last payment and after which you never again brought the account current.

You can always dispute the accuracy of anything on your reports.

[busmedic46]

If I dispute this with the Credit Report agency will this start the SOL running again on the accounts? and by the way Thank you for your advice!

[Ladynred]

Absolutely not.