Debt collection statue of limitations in NC.

[randothemando]

My daughter moved in with a girlfriend back in 2015. Supposedly she signed the rental agreement for the furniture she used. I'm not sure how this happened because she did not even have a job at the time. The relationship did not last and she moved out in a week. After she moved out there was a fire that destroyed the furniture she leased. She nrecently has just started getting phone calls from some firm in NY that wants her to pay the debt of $4K. This firm is using a PO box as an address and when I googled them I cannot find any website or information. My daughter has asked for a copy of the contract so she can take it to legal service but the firm either refuses to do so or does not have a copy of the lease agreement. They have also mentioned that they would take less than the $4K for a settlement and they also keep threatening to put this on her credit report. I feel like this is some YO YO trying to scam her because they cannot provide a copy of the agreement. Is there a statue of limitations on debt collection that will protect her? She may of had rental insurance but without a copy of the agreement we do not know what her obligations are. What do you think?

 

[FlyingRon]

The rental company (or their agency ) is not obliged to provde the contract. They will need it if it goes to court. I can almost guarantee that this is a collections agency and they most likely don't even have it.

If it was a true insurance policy, she probably would have needed to make a claim on it at the time. If it was a waiver on the rental contract, that may be an out.

SOL in NC is three years. That's not three years from the time the contract was executed, it's three years from the breach (most likely when they stopped paying or they failed to return the furniture).

 

[randothemando]

you are absolutely right. she either made a down payment or one payment. she wasn't there long enough to make any more than that. the SOL has definitely run out on this but the harassment has not stopped. what can be done legally to stop the harassment?

thanks for your knowledge,

ran

 

[adjusterjack]

Read the Fair Debt Collections Practices Act and follow the instructions:

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

NC has similar laws starting with 58-70-90:

https://law.justia.com/codes/north-carolina/2016/chapter-58/article-70/

 

[Litigator22]

The rental company (or their agency ) is not obliged to provde the contract. They will need it if it goes to court. I can almost guarantee that this is a collections agency and they most likely don't even have it. . .

Just curious, but if the demand comes from a "debt collector" (as you sensibly suggest) - the claim has not been reduced to a judgment - and the demand is timely and appropriately "disputed" by the "consumer" . . .

Then how in this instance could the collector comply with the requirement under subsection (b) of section 809 of the FDCPA that it obtain and provide the consumer with "verification" of the alleged indebtedness without producing a copy of the lease agreement?

 

[FlyingRon]

She didn't say she disputed the debt. Validation doesn't require producing any of the original paperwork. (And it doesn't seem she likely asked for validation either).

 

[randothemando]

we have asked for a copy of the agreement. there is a possibility that my daughter was paying extra for "insurance " in the event of a fire or natural disaster. the collection agency has refused to supply a copy of the agreement which they may not have anyway. from what i am reading the collection agency has the right to harass consumers based on unsupported evidence.

 

[Zigner]

we have asked for a copy of the agreement. there is a possibility that my daughter was paying extra for "insurance " in the event of a fire or natural disaster. the collection agency has refused to supply a copy of the agreement which they may not have anyway. from what i am reading the collection agency has the right to harass consumers based on unsupported evidence.

Are you really saying that you and your daughter are fine with just lying about this matter because you think that the other side doesn't have proof of what you know she owes? Way to parent.

 

[FlyingRon]

Asking for a copy isn't the the same as disputing the loan. The collection agency (and even the original debtor) is under no obligation to send you documents just because you ask. The collection agency doesn't need "evidence" to collect, just a statement from the debtor that she owes it.

As I pointed out any insurance she might have had has long ago passed. By the breach is not the time SHE made the last payment but the last time she or her co-renters failed to make one.

You can try calling the rental company, but if it's one of the rent-to-own places, you're probably screwed. They're practically scams to begin with. It was a real furniture store or a place like Cort, you may find them more responsible.

 

[randothemando]

Are you really saying that you and your daughter are fine with just lying about this matter because you think that the other side doesn't have proof of what you know she owes? Way to parent.

how about going back and reading the thread before you make your sarcastic and unappreciated comments. i said there was a possibility that she had purchased insurance. without a copy of the lease we don't know. she cannot remember if she did or did not at the time. what gives you the right to judge me as a parent? i am trying to help my daughter legally and i don't appreciate your comment. i would also appreciate it if you would remove yourself from this thread.

thank you FlyingRon for your comments. you are a class act.

rando

 

[HRZ]

Daughter moved out to where...if out of state that may have suspended the time clock.

SHe needs to pay more attention to the rules and steps to dispute a debt .

BTW where is ex roommate in all this....often such leases are with joint and separate liability for the whole .

 

[Zigner]

how about going back and reading the thread before you make your sarcastic and unappreciated comments. i said there was a possibility that she had purchased insurance. without a copy of the lease we don't know. she cannot remember if she did or did not at the time. what gives you the right to judge me as a parent? i am trying to help my daughter legally and i don't appreciate your comment. i would also appreciate it if you would remove yourself from this thread.

thank you FlyingRon for your comments. you are a class act.

rando

The insurance is likely irrelevant - her time to file a claim has long since passed.

 

[Zigner]

BTW where is ex roommate in all this....often such leases are with joint and separate liability for the whole .

The collection isn't related to the tenancy. The collection is for furniture lease payments.

 

[HRZ]

Agree, but around me such furniture rentals are often with both dwelling unit lessees especially if one has limited ability to pay .

BTW , she would be unwise to pay a dime or agree to pay anything lest that reset the statute of limitations clock back to zero .

 

[randothemando]

I agree HRZ. But, since we cannot obtain a copy of the lease there are just too many things that is not known. To support your point my daughter did not have a job at the time so I don't understand how she could even get a furniture lease without employment. It would seem fair to assume that there was another name on the lease and her roommate at the time did have a full time job and husband in the military.

If i retain an attorney would the collection agency have to legally give the attorney a copy of the lease if they have one? I have no problem with making my daughter responsible for her debt but I would like to see documentation on actual names and numbers first.

thanks all for your responses...