Collections agency attempting to collect on time-barred debt

[Mountaintown15]

Hello, I'm in South Carolina and I recently had a collections agency contact me by mail about a debt. I'm positive the debt is time-barred. It's from 2011 at the very latest; possibly even 2010 or 2009.

After I received this letter, I sent a simple and concise letter about a week later to the agency asking for proof of this debt. I also asked if the debt was time-barred or not (even though I know it is).

About 3 weeks later, they returned a letter to me with proof of the debt. They declined to answer whether the debt is time-barred or not. At the end of the letter they said if I had any further questions, to contact the undersigned name of a collector- it listed his phone number and a personalized e-mail address.

So what do I do now? I know the debt is time-barred. I wont be paying the debt back, mostly because they were ambiguous about the amount (interest, late fees and other charges, as they stated in the first letter), so there's no telling how much the debt is now. But I found it interesting they declined to answer whether the debt was time-barred or not. Should I tell them the debt is time-barred? How should I contact them? I'd rather not call them.
I eventually want them to recognize that I know it's time-barred and for them to leave me alone. Hope this is all makes sense.

Thanks in advance everyone.

 

[FlyingRon]

What makes you think it is time barred? You seem uncertain. The time runs from when you are delinquent (i.e., the first time you were obliged to make a payment but failed to do so). Any acknowledgement of the debt including making a partial payment restarts the clock. Any time you are not in the state of South Carolina puts the time on hold. The statute of limitations varies depending on the exact nature of the debt. While many contracts are indeed limited to three years, some have a six year (and in two specific cases, twenty year) limitations.

You can certainly inform them that you think any debt they are representing is time barred. However, if they feel you are wrong, they are free to continue to send you mail. Presumably, you've already told them you do not wish to be contacted otherwise (phone).

They are under no obligation to provide you with any proof or itemised detailing at this point. If they take you to court, they'll have to show this.

 

[Zigner]

But I found it interesting they declined to answer whether the debt was time-barred or not.

All they are required to do is provide validation of the debt. Validation does no mean they have to respond to your request for superfluous information. You could have asked what color shirt the collector is wearing and they could have ignored it for the exact same reason.

 

[adjusterjack]

Hello, I'm in South Carolina and I recently had a collections agency contact me by mail about a debt. I'm positive the debt is time-barred. It's from 2011 at the very latest; possibly even 2010 or 2009.

Explain the nature of the debt.

 

[quincy]

What makes you think it is time barred? You seem uncertain. The time runs from when you are delinquent (i.e., the first time you were obliged to make a payment but failed to do so). Any acknowledgement of the debt including making a partial payment restarts the clock. Any time you are not in the state of South Carolina puts the time on hold. The statute of limitations varies depending on the exact nature of the debt. While many contracts are indeed limited to three years, some have a six year (and in two specific cases, twenty year) limitations.

You can certainly inform them that you think any debt they are representing is time barred. However, if they feel you are wrong, they are free to continue to send you mail. Presumably, you've already told them you do not wish to be contacted otherwise (phone).

They are under no obligation to provide you with any proof or itemised detailing at this point. If they take you to court, they'll have to show this.

^^^
LIKE

Nice post, FlyingRon.

Mountaintown15, you can tell the debt collection to stop contacting you, if you feel the debt is time-barred. But by doing this, you may prompt the collection agency to file suit against you (and a suit is a possibility anyway). Many debtors believe their debts are time-barred when they are not. There is a lot, as FlyingRon noted above, that can change the defined limit.

 

[Mountaintown15]

What makes you think it is time barred? You seem uncertain. The time runs from when you are delinquent (i.e., the first time you were obliged to make a payment but failed to do so). Any acknowledgement of the debt including making a partial payment restarts the clock. Any time you are not in the state of South Carolina puts the time on hold. The statute of limitations varies depending on the exact nature of the debt. While many contracts are indeed limited to three years, some have a six year (and in two specific cases, twenty year) limitations.

You can certainly inform them that you think any debt they are representing is time barred. However, if they feel you are wrong, they are free to continue to send you mail. Presumably, you've already told them you do not wish to be contacted otherwise (phone).

They are under no obligation to provide you with any proof or itemised detailing at this point. If they take you to court, they'll have to show this.

Statute of Limitations in South Carolina for debt is 3 years from what I understand. These are parking tickets that were issued and they were issued by university police. I don't park on campus anymore, so I'm certain these are from when I was in college at this particular university, 2009-2011. I've been in South Carolina the entire time. I still have yet to tell them that I do not wish to be contacted, I just didn't know if doing this by phone or e-mail was the way to do it. I would rather just send it via certified mail.

All they are required to do is provide validation of the debt. Validation does no mean they have to respond to your request for superfluous information. You could have asked what color shirt the collector is wearing and they could have ignored it for the exact same reason.

In the letter, I asked for validation and whether the debt is time-barred or not. I've read that if they answer your question about whether the debt is time barred or not, they have to answer truthfully. So why wouldn't they have answered truthfully if it Isn't a time-barred debt? Or perhaps I'm reading too much into it. Either way, I suppose it doesn't matter whether they answered or not; I just want to know how to respond for a debt that I know is time-barred.

Explain the nature of the debt.

Parking tickets.

^^^
LIKE

Nice post, FlyingRon.

Mountaintown15, you can tell the debt collection to stop contacting you, if you feel the debt is time-barred. But by doing this, you may prompt the collection agency to file suit against you (and a suit is a possibility anyway). Many debtors believe their debts are time-barred when they are not. There is a lot, as FlyingRon noted above, that can change the defined limit.

I'm certain this is a time-barred debt, so if I want them to leave me alone, should I send a letter/email/call them to tell them this? All the while explaining that this is a time-barred debt? If I tell them this Is a time-barred debt, wouldn't that be an acknowledgement of debt?

Also, the only way the collection agency can confidently file a suit against me is if they know the debt is still within statute of limitations. This is the first response I've given this collections agency or the university about this particular debt. The only letter I've sent in response to the collections agency was very short and did not acknowledge any debt or offer to pay anything, so nothing that I'm aware of could have changed the definition of this debt being time-barred or not.

 

[Zigner]

It's a parking citation. The 3 year statute of limitations you are citing doesn't apply. Pay what you owe, as you should have done years ago.

ETA: You're wrong about what is required in a debt validation, not that it matters.

 

[Mountaintown15]

It's a parking citation. The 3 year statute of limitations you are citing doesn't apply. Pay what you owe, as you should have done years ago.

ETA: You're wrong about what is required in a debt validation, not that it matters.

Interesting. What is the time frame as far as the statute of limitations go for a parking citation go? Why does it not apply? What does it apply to? Thanks.

 

[FlyingRon]

Interesting. What is the time frame as far as the statute of limitations go for a parking citation go? Why does it not apply? What does it apply to? Thanks.

The statute of limitations on the parking ticket stopped running once they wrote you the ticket. The amount you owe is now good for decades (and accruing interest).

 

[Mountaintown15]

Okay. So, the collections agency listed in their first letter that I pay $160.00. In the same letter, they stated that this amount could be more due to "late fees, charges and interest." Why are they so ambiguous on what the final amount is?

As anybody would, I want to pay the least amount possible. Preferably without the fees and charges included. Is there a proper way to go about negotiating this? Overall, $160.00 is peanuts but I'm in no rush to pay it; especially if I can pay a lower amount.

On a different note, would a collections agency really go to court over such a small amount? Whats the smallest you've ever heard of a collections agency going to court over?

Thanks again.

 

[quincy]

... As anybody would, I want to pay the least amount possible. Preferably without the fees and charges included. Is there a proper way to go about negotiating this? Overall, $160.00 is peanuts but I'm in no rush to pay it; especially if I can pay a lower amount ...

At the top of the Debt Collection forum are two "sticky" threads. The first one is on negotiating a settlement.

It would be worthwhile for you to read it. It was written by a former debt collector/owner of a debt collection agency (he is now a lawyer).

I think you would be smart to simply pay the amount owed and be done with it.