Out Of Sol ,,,in Collections?

[ROBERTO61]

What is the name of your state? ALASKA. I RECIEVED A CALL FRIDAY FROM AN AGENCY IN GEORGIA IMPLYING POSIBLE LEGAL ACTION ON A DEBT FROM ALMOST 10 YEARS OLD.I THINK I KNOW WHAT IT IS ABOUT AND WHO IT IS TO,,NOT SURE ,,,THEY DID NOT STATE.
THE CONTRACT IN QUESTION WAS CONSUMED IN ALABAMA IN 1997. IT WAS A LEASE CAR THAT I TURNED IN BECAUSE I HAD LOST MY JOB. THE COMPANY NEVER SUED OR THREATENED TOO,,, BUT NOW THIS AGENCY IS THREATNING LEGAL ACTION. I KNOW THE CONTRACT IS WAY PAST SOL,,IT I S 6 YEARS IN ALABAMA AND HERE IN ALASKA.
I KNOW I AM MORALLY OBLIGATED TO REPAY THIS DEBT,,,BUT DO I HAVE TO PAY THROUGH THIS AGENCY OR DEAL DIRECTLY WITH THE CREDITOR? MY QUESTION BEING DOES THIS AGENCY HAVE ANY LEGAL AUTHORITY TO ACT ON THIS? OR SHOULD I SEND A C AND D LETTER TO THEM AND IGNORE THEIR THREATS?

[JETX]

Get rid of the all CAPS.
No one likes to be SHOUTED at.

[Debt Guy]

Robert,

Ditch the caps key. It really makes the post hard to read and only diminishes the chance of a response.

I KNOW THE CONTRACT IS WAY PAST SOL,,IT I S 6 YEARS IN ALABAMA AND HERE IN ALASKA.

Not necessarily. When you left AL, more than likely the SOL tolled (stopped running). You need to research this.

I KNOW I AM MORALLY OBLIGATED TO REPAY THIS DEBT,,,BUT DO I HAVE TO PAY THROUGH THIS AGENCY OR DEAL DIRECTLY WITH THE CREDITOR?

You don't really get a vote here. If the OC will talk to you, fine. They are not obligated to. Most likely they will just refer you back to the CA.

MY QUESTION BEING DOES THIS AGENCY HAVE ANY LEGAL AUTHORITY TO ACT ON THIS?

Depends. If the CA is acting as a agent for the OC, then no, they cannot file legal action but the OC can. But, if the CA bought the debt and now own it themselves, then they have all the rights and powers of the OC, including wrestling you down and taking away your toys.

OR SHOULD I SEND A C AND D LETTER TO THEM AND IGNORE THEIR THREATS?

Personally, I think that would be a bad idea. A C&D forces them to make the decision to either give up or to go file the lawsuit.

Right now, I think the correct action would be to request validation. Ignore all the crap sample letters you find on the internet. Keep it simple. Just say "I dispute this debt". If they respond, they will tell you the name and address of the original creditor (that is all they are required to provide -- at least that will let you get a fix on what this is all about.)

If you are absolutely positively sure the debt is out of statute (after researching the tolling statues in AL and reading the terms of your contract with the OC to see which state law governs the contract) go ahead and send the C&D and blow it off.

Until then, I caution you to treat this seriously.