10 year old magazine contract collection

[Soytnly]

10 years ago while stationed in North Carolina I unwittingly signed a scam magazine contract. I cancelled it after I received the first magazines but now all these years later I receive a call from an attorney demanding $500 for the finance company that provided the financing for the magazines. He's trying to frighten me into paying it, saying I'll owe $4000 if he has to hire an atty in Minnesota (where I now live) and be taken to court. He is in NY. My thought is, NC statue of limitations is 3 years on written contracts. I didn't read the fine print about cancellation, but nonetheless only received one month's magazines. Am I wrong in thinking that the statute has run - no case. The venue would have to be NC, not Minnesota. And more than anything he's blowing smoke to collect a few easy bucks. Any suggestions?

 

[skirklan]

Magazines to live by

There is a statute of limitations on debt, unless you promise to pay or make a payment after the statute has run out. It's usually 2 to 3 years, but you may find some peace of mind in the consumer credit protection act passed by Congress a long time ago. Look it up online.

Frequently collection agents (and collection attorneys) will try to trick you into admitting you still owe the debt. A certified letter to the attorney saying you don't owe the money and want the harrassing calls to stop will put an end to it. If they don't stop, you can sue him for 3 times the amount of money he says you owe. That might be fun--a free trip to NY to sue him in small claims for 3 times the amount plus expenses. I like it.

It's also fun to answer the phone, say "just a minute" and walk away. Then leave the receiver off the hook where they will be stuck until you hang up the phone a half hour later.

 

[Ladynred]

SKirklan, would you STOP telling people that the SOL is only 2-3 years !!!! It is NOT 2-3 years, there is NO state with a 2 year SOL, 3 is the minimum. The SOL varies by the type of debt and for written contracts, which this likely is, its often longer.

SOL in MN for written contracts is 6 years ! The SOL for NC would have long expired, but if you're sued for this thing (which is unlikely), they would sue you in MN and the MN SOL would be what you'd have to use.

Soytnly, the SOL has expired in BOTH states. Send the collection agency a cease and desist letter telling them never to contact you again as the debt is time-barred. Here's a letter to use:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

The statutes you need to complete the letter are on that same site. Send the letter certified, RRR and keep copies of everything.

They can't force you to pay and IF they are dumb enough to sue you, you have an affirmative defense to get the case thrown out of court.

Just out of curiosity, who's the collection agency ?