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old debt from 2007

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jeffreybaks

Junior Member
I have got some calls recently about an overdraft that happened in 2007 and the last activity I had on the account was in april of 2007 in idaho. A few months back I got some calls from a credit agency, see I get debt collection calls quite often I just told them kindly not to call back as I know I have no bad marks on my credit report which I check regularly. I know the SOL on idaho written contracts is 5 years, i accidentally called the number that was given to one of my relatives to whom I'm currently residing with and it was for a law firm claiming they were filing a case on me and that they were going to proceed without me. I talked to one of there representatives of the law firm and told him about FAIR debt collection practicing acts and that i was going to plead SOL in court. I know on my credit report there is nothing showing about any of this. It has to do with a US bank account and overdrafts. Was it a big mistake to call the number to the law firm, isnt what there doing illegal in re aging my account which has been SOL over 2 years now? I haven't been served any legal documents and the firm that has the case is in california, Ilive in nebraska currently. The total cost of the overdrafts was 1200 and there saying I owe 4200 now from interest and court costs which is beyond insane. Iv waiting a long time to get past my situation back in 2007 and it feels like there re aging old accounts on me and its not FAIR DEBT collection tactics.

Does it seem odd that first some collection agencies would call 7 years after my last activity on my account then 6 months later a lady I have no clue or association with calls saying a law firm in california of all places is filing a case against me. Thats not the only odd thing tho, this lady didnt call me cause as I say I know when not to open my mouth, the first time she called at the house I kindly told her not to call back cause I know my self that re aging an account would be a very unwise choice if I took it upon my self but she had the nerve to call my relatives phone whom has nothing to do with this and leaves the message on there phone, and no one calls that cell phone ever that my relative dosn't know so how this lady got the number I have no clue. It feels like Im living in a third world country from these tactics of debt collection and frustrated that people can harm my reputation and image over some overdrafts on an account 7 years ago.
 
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justalayman

Senior Member
if it is not reported on your credit report, they are not re-aging anything. Re-aging is where they claim a newer date as the date of delinquency so they can report the debt longer.


as Indy asked; when did you leave the state of Idaho?

5-229. ABSENCE OF DEFENDANT FROM STATE. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.
as you can see, the clock stops running while you are out of state.
 

Zigner

Senior Member, Non-Attorney
I left idaho in april of 2007 when i last used my account and have been living in nebraska since then.
That means that the clock stopped on the SoL once you left the state. Ignoring your debt didn't make it go away and your blustering with the creditor has done you no good. SoL is of no use to you as a defense.
 

justalayman

Senior Member
Now, depending on Nebraska law, which I have not researched, if they have a borrowing statute, the clock may have expired if the creditor chooses to sue you in Nebraska. Often times states will impose the sol for the state the debt was acquired in if you are sued in their state rather than the original state.

That does not preclude them from suing you in Idaho though as the clock there did stop when you left the state and will not begin to run until you return (as a resident) to that state.
 

jeffreybaks

Junior Member
So im not in any way protected for life with any laws as well as by the Fair Debt collection practicing act for ever cause I dont live in idaho any more? There is no resolution for me to get what I want? Interest on a 1000 dollers compounding to almost 5 grand is insane, I might as well throw years of work out the window for that matter. Im never going back to Idaho.

Thats totally silly theres a law like that, I never heard of anything like that with the SOL. OF course there has to be a law that totally screws me in my situation.
 
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Zigner

Senior Member, Non-Attorney
So im not in any way protected for life with any laws as well as by the Fair Debt collection practicing act for ever cause I dont live in idaho any more? There is no resolution for me to get what I want? Interest on a 1000 dollers compounding to almost 5 grand is insane, I might as well throw years of work out the window for that matter. Im never going back to Idaho.

Thats totally silly theres a law like that, I never heard of anything like that with the SOL. OF course there has to be a law that totally screws me in my situation.
That's what happens when you ignore a debt.
 

jeffreybaks

Junior Member
what happens when they get a judgement on me on the overdrafts with me not present, isnt this a civil matter, what can they do to me here in nebraska. IS there a SOL on a judgement regarding overdrafts on a checking account. How long can they put me away for cause theres no way im going to throw 4 grand out the window from interest.
 
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justalayman

Senior Member
Thats totally silly theres a law like that, I never heard of anything like that with the SOL.
a lot of states have tolling statutes in their laws. It's actually good that you have never heard of them since that suggests you are not faced with them often but none the less, they are there.



OF course there has to be a law that totally screws me in my situation
actually the law is not screwing you. Your own actions are what are screwing you. If you had taken care of this long ago, all would be well with the world. You chose to ignore it and let it compound to the point of ridiculous so you are where you are with it.
 

jeffreybaks

Junior Member
Well I think there sueing me here in nebraska cause the file number of the complaint starts with an NE, how do I go about figuring out if the SOL applies to me or not. I know the SOL has the same 5 years on written contracts as Idahos SOL.

Also its not my own actions, someone took my debit card to my checking account I just never new about it till years later when it was all to late.

Im in no way perfect...but not letting people continue on with there life is in no way good business practices, I realize overdrafts are a bad thing but that shouldn't shut down the livlyhood of a persons finacial future for the rest of there life. Theres suppose to be laws protecting the good citizens of this country from being destroyed from interest rates that would make bill gates cringe.
 
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justalayman

Senior Member
jeffreybaks;3260411]Well I think there sueing me here in nebraska cause the file number of the complaint starts with an NE, how do I go about figuring out if the SOL applies to me or not. I know the SOL has the same 5 years on written contracts as Idahos SOL.
You research: borrowing statutes Nebraska. They may apply either their own sol of the sol from the original state. Sorry but I have a problem helping a person that is making every excuse in the world as to why they should not be held liable for their own debts.

Also its not my own actions, someone took my debit card to my checking account I just never new about it till years later when it was all to late.
the only reason it may have been too late is you did not dispute the use when it was being used. If you say you didn't know it was being used, you will have to explain how somebody was taking money out of your checking account and you having no knowledge of it. Sorry but that story doesn't sound realistic.



Im in no way perfect...but not letting people continue on with there life is in no way good business practices,
neither is letting a person take money from a business and expect the business to not want it back. I sure hope you never run a business., It would assuredly fail with business practices like that.


I realize overdrafts are a bad thing but that shouldn't shut down the livlyhood of a persons finacial future for the rest of there life.
you're actually lucky. In a lot of states, if you fail to make good on an overdraft, it is considered a crime.

Theres suppose to be laws protecting the good citizens of this country from being destroyed from interest rates that would make bill gates cringe
a person that essentially steals money from a bank is not a good citizen.
 

jeffreybaks

Junior Member
Thanks for the time and replies taken regarding my situation. I have a better understanding of where I stand now.
 
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