Should I pay???

[sharmon]

What is the name of your state? Al.

This may not be the right place to post this. But here goes.

Some guy just called and claimed he was a Law office trying to get me to stop the Sheriff from delivering me court papers to appear in Court. After a couple holding sessions he came back and stated it was too late to stop it and that the Sheriffs office was busy is why they hadn't yet delivered my court papers.


This was a bill that goes back to Dec. 96 (almost 7 years) that could possible be mine but not sure 100%. The bill could have possible been a $100 or so but he said if the Sheriff delivered the papers it would be $2144.10 but I could try to ppay ahead and stop the Sheriff and a payoff was needed right now of $736.38 to avoid court and additional lawyer fees.

He was convincing that the Sheriff would be here before the weekend was over.

I live in Alabama (now and then) and he was California. CAn someone in California file a suit on me here in Al. on a non signed deal. He claimed it was an "Adult Phone Call" charge. Like I said I might have done that 7 years ago but most of the ones I made at that time (ok, Laugh I was going thru a divorce then) were via 900 numbers.

As you can see I'd hate to go to my local court on a $2144.10 " Adult Phone Call" charge. Would be quite embarassing.

Thanks for any help,

sharmon

 

[JETX]

Tell him to forget it. The debt is long dead.

 

[UN-works!]

Why is it "dead" JET? I'm curious...

Is it the amount of time that had passed?

 

[JETX]

"Is it the amount of time that had passed?"
*** Yes.
Plus the fact that they were 'blowing smoke up his kilt'.

 

[sharmon]

"Is it the amount of time that had passed?"
*** Yes.
Plus the fact that they were 'blowing smoke up his kilt'.

Thanks for the info. I now feel better.

sharmon

 

[HomeGuru]

And the guy with the kilt feels better too.

 

[anabanana]

old debt, dead debt???

Hey JETX,

I thought an unpaid debt never goes away (legally speaking) and can remain a obligation, can appear on credit reports, etc., in perpetuity. My understanding isthat once you make good, it can take 7 years to clear off a credit report, but if not paid, it's not cleared, and the debt can just be sold from one company to another until hell freezes over. Not so?

You're hilarious, by the way. You and Guru. I just found this site tonight and I've been reading your posts on everything. Great.

ana

 

[JETX]

First, thank you for the comments. HG and I are thinking of taking this act on the road.... and eventaully end up as headliners in Las Vegas!!!
Heck, we might even bring Hexy along as our opener!!!
Great potential, don't you think???

As to your post:
"I thought an unpaid debt never goes away (legally speaking) and can remain a obligation, can appear on credit reports, etc., in perpetuity."
*** That is only partly correct. A debt obligation does remain forever, but can only be enforced within the time allowed by applicable state (called the SOL - Statute of Limitations). Simply, if the SOL has expired, the creditor can ask for payment till the cows come home.... but any legal action can be defended by a simple 'time-barred'.

As for reporting the debt, the FCRA (Fair Credit Reporting Act) says:
"§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1

(b) Exempted cases. The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with
(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;
(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or
(3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

(c) Running of reporting period.
(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996."
Source: http://www.ftc.gov/os/statutes/fcra.htm#605

 

[hexeliebe]

And I'm their agent, so I'll expect a check in the mail for the next appearance of Ba...Ba...Ba Benie and the JetX

 

[JETX]

Man, I have told you a thousand times.... you can either be the opener.... or the agent!! You can't be both!!!

 

[hexeliebe]

I've tried opening....I'll stick to pimping you two out at 20 percent....

That I can do from the beach

 

[HomeGuru]

bada bing, bada boom. And for hexy, bada bong.

 

[anabanana]

Bada bong, indeed

<<<HG and I are thinking of taking this act on the road.... and eventaully end up as headliners in Las Vegas!!!
Heck, we might even bring Hexy along as our opener!!!
Great potential, don't you think???<<<

Jeezus, it would be a whole new era of Fear and Loathing, not that Hunter S. ever ended up headlining. I think he just mainly ended up a head. But all the liquid refreshment you'd need is still available there, tho I think you'd have to bring the bada-bong along with the troupe...

ana