Repo - Collection Agency - Statue of Limitation

[kb95356]

What is the name of your state? California
Hello,
My car was repossessed in 1996 and was auctioned off and sold to the public. A few months after the car was sold, I got a letter from the Creditor saying that I still owe them $5000. I could not come up with the money; therefore I ignored the letter. It has been more than 7 years now since my car was repossessed. Today I got a call from a collection company demanding my wife to pay $9000 for the money that I owe 7 years ago otherwise they Will put a lien on our house. I ran my credit reports (all 3 of them)and I don't see that collection / repo / charge off are being reported. I guess it is because the statue of limitation ran out. My questions are:

1) Since the statue of Limitation has ran out; Can they demand a payment and threaten me that they will put a lien our house?
2) How can I stop them from calling my house?
3) There are numerous inquiries from this particular collection company in past 12 months. Can they run my credit reports without my permission?

Thank you very much in advance for your answers.

kb95356

[Veronica1228]

Originally Posted by kb95356

What is the name of your state? California
Hello,
My car was repossessed in 1996 and was auctioned off and sold to the public. A few months after the car was sold, I got a letter from the Creditor saying that I still owe them $5000. I could not come up with the money; therefore I ignored the letter. It has been more than 7 years now since my car was repossessed. Today I got a call from a collection company demanding my wife to pay $9000 for the money that I owe 7 years ago otherwise they Will put a lien on our house. I ran my credit reports (all 3 of them)and I don't see that collection / repo / charge off are being reported. I guess it is because the statue of limitation ran out. My questions are:

1) Since the statue of Limitation has ran out; Can they demand a payment and threaten me that they will put a lien our house?
2) How can I stop them from calling my house?
3) There are numerous inquiries from this particular collection company in past 12 months. Can they run my credit reports without my permission?

Thank you very much in advance for your answers.

kb95356

First of all, you are correct that the SOL appears to have run out, but that's not why you don't see it on your CR. You don't see it on your CR because an item can only be reported for 7 1/2 years. This is not at all related to SOL which is 4 years from the DOLA in California for Written Contracts.

As for the answers to your questions:

1) A CA can only put a lien on your house if they take you to court and win a judgment against you. They can only threaten to do this if they actually plan on carrying that threat out. If they make this threat and they are only bluffing, then it is against the FDCPA.

2) Yes. You can tell them to stop calling you. If they do not comply, then once again they are violating the FDCPA.

3) Yes. They can pull your credit report without your permisson because of the debt they have an interest in collecting.

All of this should be easily solved with a letter. Send a C&D letter by CRRRM telling them to stop. Below is a site where you can find sample letters to help you. It also has information about your rights under the FDCPA and how to report any violations.

[url]http://www.creditinfocenter.com/[/url]

Good luck.

[debtcollector`]

Originally Posted by Veronica1228

2) Yes. You can tell them to stop calling you. If they do not comply, then once again they are violating the FDCPA.

All of this should be easily solved with a letter. Send a C&D letter by CRRRM telling them to stop.

Close. Telling the CA to stop calling you at home isn't going to do anything. Your only option there is send the Cease and Desist letter.

DC

[Veronica1228]

Originally Posted by debtcollector`

Close. Telling the CA to stop calling you at home isn't going to do anything. Your only option there is send the Cease and Desist letter.

DC

Technically, they should comply if you ask them verbally, but it's true that the only way to prove that you've asked them to stop calling is by sending a letter.