Unknown debt collector?

[Cee Kelly]

I am currently a South Carolina resident. This past week I rec'd a letter demanding payment from an unknown Creditor, for a debt that is 14 plus years old. It is a balance I am unfamiliar with due to accrued interest. They had limited information and said it is for a credit card opened in 1986. and the balance was turned over to them.


From Jan 1988 to September 2001 I maintained the same address and have always been and continue to be in communications with my Creditors. In 1992 in the state of Missouri I filed Chptr 7, settled with four (4) of my six (6) Creditors. I no longer have any documentation/records of prior balances.

What should my approach be?

Your assistance is appreciated.

[Debt Guy]

The question is not when the account was opened but when you last made a regular payment.

The statute of limitations runs from the Date of First Default. When did you last pay.

The SOL in SC is 3 years. The SOL in MO is 10 years.

But, if you are sued, they must sue you in the county where you now live.

[JETX]

Originally Posted by Cee Kelly

What should my approach be?

Your 'approach' should be to send them a validation letter (certified RRR). A good sample letter can be found at: [url]www.creditinfocenter.com/forms/[/url]

[Cee Kelly]

My last payment would have been between April and June of 1992. In the state of Missouri.

[JETX]

Originally Posted by Cee Kelly

My last payment would have been between April and June of 1992. In the state of Missouri.

Okay, next question.
When did you leave Missouri?? How long after your DOLA??

[Ladynred]

Does the SOL really matter here ?? The OP filed bankruptcy in 1992. If it was a no-asset Ch 7, ALL debts are considered discharged anyway. In that case, the collection agency is in violation of the permanent injunction of the discharge.

I would agree though, if you want to find out, send the a debt validation letter.

The SOL on credit cards in MO is only 5 years - not 10.

[Cee Kelly]

I moved the end of September 1991 to Virginia, stayed there until the end of May 2004.

[Cee Kelly]

Oops, I moved the end of September 2002 to VA until the end of May 2004.

[JETX]

Originally Posted by Ladynred

The OP filed bankruptcy in 1992. If it was a no-asset Ch 7, ALL debts are considered discharged anyway. In that case, the collection agency is in violation of the permanent injunction of the discharge.

Though the OP claims it was a chapter 7, the post itself in saying "settled with four (4) of my six (6) Creditors" makes that questionable.

The SOL on credit cards in MO is only 5 years - not 10.

And it 'tolls' when the debtor leaves the state while it is valid.... and thereby the reason for my question.

[Cee Kelly]

If I am understanding the feedback you have given me. I filed in April 1992 and moved the end of Sept 2002. That is 10 years and five months past the date of filing. There is no DOLA during that time period.

Thanks for the web-site of sample letters. It offers more details to add to the letter I had already started.

[Ladynred]

Would you mind clarifying the bankruptcy ? Was it a Ch 7 ? If so, what's this about settling ??

If you included this debt in your BK and it was discharged, even if you voluntarily paid back some of it later, then they still have NO business attempting to collect on a discharged debt. You are allowed to voluntarily pay back discharged debts, that does NOT mean they can ever try to collect themselves.

[JETX]

Originally Posted by Ladynred

Would you mind clarifying the bankruptcy ? Was it a Ch 7 ? If so, what's this about settling ??

Yep. I was confused by that apparent contradiction.

If you included this debt in your BK and it was discharged, even if you voluntarily paid back some of it later, then they still have NO business attempting to collect on a discharged debt. You are allowed to voluntarily pay back discharged debts, that does NOT mean they can ever try to collect themselves.

And of course, you are correct.

[Cee Kelly]

Thank you for your responses.

First, I believe I listed all creditors at that time. Second when I say settled, one creditor worked with me via payment options, one sent my case to an agency and was pd in full through the agency, and Sears accepted a payment plan for an amount less than the overall balance. Sears appeared at the hearing. The other creditors did not appear at the hearing and I never heard from them again. Which would lead me to beleive that this particular creditor was listed. If not, why would they not contact me B-4 now? My address was the same and since moving mail was forwarded.

Chptr 7 is a no assest case.

I guess my question is even if I did not list this creditor on the BK. Do they have legal rights to contact me now after all these years when they could/should have persued this B-4 now, especially with no activity during the alloted statue time.

Thanks this has been educating and very helpful.