My Debt

[marc1236]

What is the name of your state? CA.
I've owed my debt since 1993.Have not used that credit card since then and my account has been closed since then.

I tried to settle with this creditor in 1999.But because of the mismanagement of their company I was'nt able to complete the settlement that we agreed to.

The creditor sold my account to about 6 collection companys through the years.
All faded away.I did'nt answer their letters and I did'nt call them.

If they look at my credit report I own Nothing..also the sol in California is 4 years.Not that it would stop them from going after me.

This new collection agency sent me a letter recently and gave me 30 days to respond..2 weeks have gone by and I am not responding.I don't have the money to pay them..and if I settle with them...then the original amount I owe them will show on my taxes as part of my salary.I have a life threatening illness and in order to receive my medication free every month I can only make a certain amount every year financially.If I pay these people I will go over what the limit to be able to get my medications free is and I'll be kicked out of the drug program.
The collection agency is located in another state..I'm in California...would they bother with someone like me and go after me and try to take me to court?!!!

Also,for some reason my credit report is all mixed up.They have me as 74 years old,I'm actually 48 years old.

I read horror stories on here about how the collection agencys have sued people -taken them to court.Even though none of the collection agencies who bought my account haven't sued me through these many years .I still worry after reading all your stories here.
I owe around $3,300..kind of ,sort of. Through the years I was offered $600-$1000 to settle this account.I did'nt do it.
These days will a collection company take someone to court who owns nothing?Are the collection agencies these days going to be more viscious than the past agencies my account was sold to?

[Ladynred]

You already have your answer -- the SOL in CA is FOUR YEARS.
You don't need to dispute this debt, you need only send them a cease and desist letter telling them to get stuffed, the debt is time-barred. You have no LEGAL obligation whatsoever to pay them and they know damn well it's past the SOL if they did sue you -- you could easily get it thrown out of court.

So, send them a cease and desist letter. Tell them never to contact you about the alledged debt again as it is time-barred per CA law. Send it certified, RRR and keep copies of everything.

[marc1236]

First of all thankyou for you kindness.What you wrote helped me. One problem though.I misplaced the letter the collection agency sent me.I only have their return envelope.I don't have the account number of the debt that's owed.

Do you think they know it would probably be thrown out of court? Are they "smart" enough to realize this?

What if I don't respond to them..what will happen?

[Ladynred]

They know it's past the SOL, but that doesn't stop them from trying to collect. That's whay the cease and desist is needed.

You don't really need to have the account number, your name and address is in their files, they'll figure it out. If you know who the original creditor was, you could mention it too for clarfication. Or, you could wait for another letter.. they'll definitely send more.

If you don't respond ? Who knows, depends on how aggressive they want to be. Some collection agencies will inundate you with letter after letter after letter, as well as calls if they have your number. Most will usually give up when they get no repsonse from you after 3 or 4 months of harrassing you. Their goal is to turn it around and get money as quickly as possible, it isn't generally worth it for them to pursue you indefinitely for something they paid a fraction of a penny on the dollar for.

[marc1236]

You are truly an angel.

By the way,the return address theyt gave me ius a P.O.Box.I don't think certified letters can be sent to a p.o. box,right?
I might have to send it by regular mail.

Should I really tell them to stuff it? Won't that make them more angry than they are? I like that about telling them to stuff it.

Again, I thank you for all your support.I don't feel so alone now.

[pumpkin1787]

i was just curious what the SOL is for Ohio???

[Ladynred]

Yes, you can send certified mail to a PO Box. If you can tell us who the collection agency is though, we can probably find you a street address

SOL in OH is 15 years !

[marc1236]

I just sent the reply to the collection agency. I was going to send it to their p.o. box,but I decided to go online and I found their main mailing address with no p.o. box !

I sent it by registered mail where they have to sign for it costsa little more than regular certified mail.post worker tried to convince me to send it by certified for less money because she said it would get there faster. I decided on the registered mail.
She said it might take up to a week to get to them.I'm okay with that.

This collection agency is located in Pensylvania and I'm in California.

By the way my mom is touched and overwhelmed by your help to me.
There really are good people out there and your on the top of the list.
Thankyou
I felt strange about putting my return address on the envelope since I told them in the letter that I never want them to contact me again.

[Ladynred]

You're welcome

A collection agency in PA.. wouldn't be NCO now would it ??

[marc1236]

I don't think it's initials were NCO..But one of their last names start with a C.

So,even though I sent them the Cease and desist letter they'll still keep sending me letters????

[Ladynred]

Once you send the C&D letter, they are not legally allowed to contact you again. What's more likely to happen is they will sell off the account to another collection agency or junk debt buyer and they'll contact you.. and you just send out another C&D and tell THEM to get lost.

[marc1236]

Thankyou.I'll let you know what happens in the future.