old debt

[Lillyone]

What is the name of your state?nj
recently received notice from collection agency stating outstanding debt from 17 yrs ago, I phoned them for info, I have no knowledge of this, this is the first time ever heard of this. I asked if I would be able to get a copy of this purchase and she told me it's been destroyed by now, that they purchased it. She was of no help except to be rude. What do I do? The info she gave me seemed to be mine, i.e. name, social, dob etc. Please any help would be great. I don't know if they're are laws they must go by, or if I just have to pay without verificiation or else. She said it was originally for about 100 and is now over 400.
.... thanks

[seniorjudge]

Originally Posted by Lillyone

What is the name of your state?nj
recently received notice from collection agency stating outstanding debt from 17 yrs ago, I phoned them for info, I have no knowledge of this, this is the first time ever heard of this. I asked if I would be able to get a copy of this purchase and she told me it's been destroyed by now, that they purchased it. She was of no help except to be rude. What do I do? The info she gave me seemed to be mine, i.e. name, social, dob etc. Please any help would be great. I don't know if they're are laws they must go by, or if I just have to pay without verificiation or else. She said it was originally for about 100 and is now over 400.
.... thanks

Obviously, you know by now you should've never talked to these people.

I recommend that you not talk to them from now on.

If you disregard my advice, then here is some info:


Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL
[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

[Debt Guy]

The statute of limitations in NJ is 6 years. It if has been longer than that, they the debt is out of statute.

I recommend you send a letter certified mail return receipt requested to the collection agency. Keep it simple. Just say "I dispute this debt" and "this debt is time-barred under NJ statute" and "cease and desist all contact with me".

Being out of statute does not mean you cannot be sued. It means that you have a defense to any lawsuit and can easily get the case dismissed. So, do not ignore any summons you might receive.

[Lillyone]

if a letter is sent informing of the sol, should I also indicate I dispute this in the same letter, does it matter? If I dispute it, does it mean it will not also be outside the sol? if i just ignore will they continue to just mail me requests for payment? will they bother with filing a claim knowing they are outside the sol and will be quickly dismissed?? I now live in another state, PA, and would not be easy to appear for court in original state,NJ. this is now about 17-18yrs ago.

thanks for any help**************....

[Debt Guy]

Do one letter.

Again, just say "I dispute this debt" and "this debt is time-barred under NJ and PA statutes" and "cease and desist all contact with me". Be sure to include your name, social security number, address, etc. so they can't claim they did not know you sent the letter. Best is to staple it to one of their letters.

Keep copies of everything.

Yes, they can file suit. It is not likely but if they do, you will need to file a response with the court that the debt is time barred.

If you are sued, they must sue you in a location that is convenient to you -- which generally means the county in which you live.

Do not ignore any summons. If you do, then they will be awarded a default judgment and you will lose the SOL defense.

[VASS]

No, do not pay anything. Obtain a detail statement of this debt. Never provide your private information over the telephone or agree, especially of something you are uncertained about. Call the office again, ask who you are speaking with and asked for a dispute mailing address or just use the one on the letter. Do not get into a discussion as they will try to snag a payment plan out of you. If you set a payment plan, you are trapped. Write to the office and send it by certified mail requesting for a detail statement. Explain that you have no knowledge of this as explained on telephone of such date.
KNOW THE FOLLOWING: If someone applies for a credit card, all applications have small detailed notes at the bottom. This is what happens....
Example:
Today, If you sign for a Chase, they are also connected to First USA, Bank One, and Heritage Village
If you owe Bank One from an old account, you reactivate it again if you signed for a Chase account.
That is what these very small prints are about.
If that were the case.... let them know you still disagree, however, willing to clear by having them send you a letter with a new balance, deducting the penalties which is bringing it back down to the original balance $100. In addition, have them note on the same letter that this matter will not affect your credit report. Do not set a payment plan by telephone, if so, you have committed to this balance. only in writing. If you pay without this agreement, it will remain as a collection account on your credit report for 7 years. If they are going to do that, why pay it. You lost both ways.
Most important, something that old should have been a chargeoff on there IRS returns. Which would mean they received credit for their lost.

[VASS]

PS: Do not include your personal information on the letter, only match what they have provided to you. I have been listening to a professional adviser on credit cards.

[Debt Guy]

VASS -- I'm kinda confused what you are saying -- I'm afraid you are going to confuse the OP. Some of what you are saying is not exactly correct, some is entirely accurate and some is not necessarily wrong but just does not relate to the instant case.

Q. No, do not pay anything.

A. The OP never suggested they were going to pay anything.

Q. Obtain a detail statement of this debt.

A. Why? The debt is SOL. Just do a cease and desist and quit messing with it. Why would you want a detail statement? Besides, they are not required to send it -- so why go down that path? What would you do with the "detail statement" even if you got the darn thing?

Q. Never provide your private information over the telephone or agree, especially of something you are uncertained about. Call the office again, ask who you are speaking with and asked for a dispute mailing address or just use the one on the letter. Do not get into a discussion as they will try to snag a payment plan out of you.

A. I guess this is all good advice so far as it goes.

Q. If you set a payment plan, you are trapped.

A. Absolutely agree. Any payment will in most states restart the SOL.

Q. Write to the office and send it by certified mail requesting for a detail statement.

A. Again. Why? This is a waste of effort.

Q. Explain that you have no knowledge of this as explained on telephone of such date.

A. Means nothing. For a debt that is SOL, what you do or don't understand is not relevant.

Q. KNOW THE FOLLOWING: If someone applies for a credit card, all applications have small detailed notes at the bottom. This is what happens....
Example: Today, If you sign for a Chase, they are also connected to First USA, Bank One, and Heritage Village

A. OK......

Q. If you owe Bank One from an old account, you reactivate it again if you signed for a Chase account. That is what these very small prints are about.

A. I am not sure this is accurate. What is your source for this statement?

Q. If that were the case.... let them know you still disagree, however, willing to clear by having them send you a letter with a new balance, deducting the penalties which is bringing it back down to the original balance $100. In addition, have them note on the same letter that this matter will not affect your credit report. Do not set a payment plan by telephone, if so, you have committed to this balance. only in writing. If you pay without this agreement, it will remain as a collection account on your credit report for 7 years. If they are going to do that, why pay it. You lost both ways.

A. Whoa. I am so confused with all that, I don't even know where to start. I cannot imagine an original creditor negotiating with you on something of that nature.

Q. Most important, something that old should have been a chargeoff on there IRS returns. Which would mean they received credit for their lost.

A. Your statement is not accurate. Chargeoff is a purely accounting transaction. Any business (the butcher, the baker, the candlestick maker and the credit card company) can reduce their current income by the amount of any loss (the chargeoff). If they later recover that loss, it all goes back as income and they pay taxes. You make it sound like once the debt has been charged off, the creditor has been "paid" by the goverment. You could not be more wrong.

Q. PS: Do not include your personal information on the letter, only match what they have provided to you.

A. Maybe. Maybe not. You've got to use good judgment. In the case of the OP, they just need to be sure to use enough personal information that they are identifiable in the records of the collection agency. If you do not, then the CA legitimately can say that no cease and desist was ever sent since they cannot match it up in their records. The best solution is to staple the cease and desist letter to one of their letters.

Q. I have been listening to a professional adviser on credit cards.

A. I hope this professional is not putting nonsense and confusion in your head. Although I suspect that is what is happening.

[Chien]

I agee with Debt Guy across the board. His is sensible and informed approach, in my opinioin. When it comes to the Bank One/Chase reactivation, I just respectfully disagree, until you can provide statutory authority or applicable case law.

all applications have small detailed notes at the bottom . . .
That is what these very small prints are about.

Exactly what is that about?

[Ladynred]

If you owe Bank One from an old account, you reactivate it again if you signed for a Chase account. That is what these very small prints are about.

Horsehockey. I have to agree with Chien and DG, this makes NO sense and if you're saying the merger reactivates old charged-off debts you're dead wrong. If an old FUSA debt was written off FUSA's books 17 years ago, Chase isn't even going to know it existed, it would have been purged from FUSA's databases a LONG time ago once they sold it to some scummy junk debt buyer.

I do agree, just send them a cease and desist letter stating the debt is time-barred and never contact you about it again. That's ALL you need to do.

[hurtBYliar]

Originally Posted by Ladynred

If an old FUSA debt was written off FUSA's books 17 years ago, Chase isn't even going to know it existed, it would have been purged from FUSA's databases a LONG time ago once they sold it to some scummy junk debt buyer.

Speaking of scummy junk debt buyers... From my experience, I'd have to advise anyone in a similar situation to first look up the collector who's contacting you. I was contacted about a "debt" and given a previous address of mine as if this proved it was my debt... but I knew I wasn't delinquent with anyone ever so I looked them up on the Internet. Turns out there were all kinds of complaints and lawsuits against that scummy junk debt buyer! They had also changed firm names and locations to try to fool new victims in new states! I wish I could remember their name but it might not matter since they change names/states so frequently. They had gotten in trouble for trying to collect fake debts and merely changed their tactics to some of those listed in this posting... getting people to agree to payment plans for old debts they can't seem to remember and scaring people into sending in relatively ($150) small, old debts to avoid trouble with creditors!

I ended up taking advice from one of the sites I viewed and sent a certified letter disputing the debt, requesting proof (so I can forward to FTC's office for ID theft, as I put it), and CCing the attorney general's office--so they could be FYI'd that this organization was up to it's old antics. Moral of the story, DO YOUR RESEARCH AND DON'T BLINDLY TRUST A COMPANY JUST BECAUSE IT SEEMS OFFICIAL.