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credit card and a collection agency

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AlmostRetired

Junior Member
What is the name of your state?MD
I have a debt from claimed from 1992/1993 timeframe that a collection agency has recently begun to contact me about. I phoned both parties listed. First I called CiXXbank who the debt is claimed to originate from and asked if the debt existed and gave them the account number posted from the Debt collection agency. They said they had no records of the following debt in question and all of my records appear to be in good standing with them. I then called up the Agency claiming the debt and they told me that the debt was from 1992/1993 period and they just purchased the account in 2005, hence why they just now have begum to contact me. Now my question is wouldn't this be beyond the the statute of limititations and be barred from any potential lawsuit? They never contacted me at all regarding the debt and also I never had this debt in question on my credit report. Should I just write them a letter stating this and leave it at that or should I contact the Attorney General of MD as well? Any advice would be appreciated. Thanks in Advance.
 


Debt Guy

Senior Member
Yes, this debt is beyond SOL. However, just because it is out of statue does not mean that the debt cannot be sold and the collector cannot undertake a collection effort.

Also, SOL is not a bar to a lawsuit. It is merely an affirmative defense. So, don't ignore any summons you get.

From what you have said, I can't tell that there is anything illegal here. Even if there were violations, the MD AG is unlikely to become involved since the violation would be civil and not criminal.

Just write a letter and say "I dispute this debt in its entirety" and "this debt is time-barred under MD law" and "cease and desist all contact with me". You don't need to explain anything else.

As ZG said, send it certified mail return receipt requested and keep copies of everything.
 

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