Employer Tuition Reimbursement from 7 years ago was sold to a debt collector.

[anik321]

What is the name of your state (only U.S. law)? Maryland.

Hi! My name is Nick and I have a small issue with a debt collector that I could use some advice on. Below is quick summary of whats going on:

- My former employer paid for a few classes when I was attending school part time on the condition that I would continue to be an employee for 2 years post graduation.
- I got married and moved to a different state prior to that, so the employer asked that I reimburse them the amount they contributed towards my tuition.
- Total amount owed to the employer at the time of termination was $843.28. We came to an agreement that I would make monthly payments of $100 until its paid off.
- I have sent in payments as required, however neither I nor the employer has any record of having received any such payment. I have not heard a peep from them regarding this matter in the past 7 years and considered the account to have been satisfied and closed.
- Fast forward 7 years, I was just recently contacted by a debt collections agency telling me that my employer had sold them the debt and I either owe them proof that I made the payments or pay to them the balance in full.
- I hinted that I paid this off but will continue to try and find proof from either my bank or employer that payments were paid. Neither approach was really successful as mentioned above. I have not acknowledged that I still owe this debt.

Attached is the promissory note/agreement that I had with my employer.
EDIT: Does not seem to be an option to upload a picture so here's a link to it:

https://image.ibb.co/csjt7w/EAP.png

My basic understanding is that, at the very least, the SOL on this has passed (not to mention that I actually paid all of this back). I am very tempted to tell the collections agency to pound sand but would like to know the repercussions before I do so.

- Has the SOL indeed passed based on your understanding of Maryland Law?
- Can he still report this to credit bureau and affect my credit rating/scores?
- What should be next course of action?

It's not a large amount but its the principle of it. Please ask any question you may have.

Any and all help would be appreciated. Thank you!
Nick

 

[Zigner]

What is the name of your state (only U.S. law)? Maryland.

Hi! My name is Nick and I have a small issue with a debt collector that I could use some advice on. Below is quick summary of whats going on:

- My former employer paid for a few classes when I was attending school part time on the condition that I would continue to be an employee for 2 years post graduation.
- I got married and moved to a different state prior to that, so the employer asked that I reimburse them the amount they contributed towards my tuition.
- Total amount owed to the employer at the time of termination was $843.28. We came to an agreement that I would make monthly payments of $100 until its paid off.
- I have sent in payments as required, however neither I nor the employer has any record of having received any such payment. I have not heard a peep from them regarding this matter in the past 7 years and considered the account to have been satisfied and closed.
- Fast forward 7 years, I was just recently contacted by a debt collections agency telling me that my employer had sold them the debt and I either owe them proof that I made the payments or pay to them the balance in full.
- I hinted that I paid this off but will continue to try and find proof from either my bank or employer that payments were paid. Neither approach was really successful as mentioned above. I have not acknowledged that I still owe this debt.

Attached is the promissory note/agreement that I had with my employer.
EDIT: Does not seem to be an option to upload a picture so here's a link to it:

( link redacted )

My basic understanding is that, at the very least, the SOL on this has passed (not to mention that I actually paid all of this back). I am very tempted to tell the collections agency to pound sand but would like to know the repercussions before I do so.

- Has the SOL indeed passed based on your understanding of Maryland Law?
- Can he still report this to credit bureau and affect my credit rating/scores?
- What should be next course of action?

It's not a large amount but its the principle of it. Please ask any question you may have.

Any and all help would be appreciated. Thank you!
Nick

Since you moved out of the state, the clock on the statute of limitations has likely tolled (i.e. stopped running.)
Keep looking for the records.

 

[anik321]

Since you moved out of the state, the clock on the statute of limitations has likely tolled (i.e. stopped running.)
Keep looking for the records.

- I have since moved back to Maryland and have been here since 2013. Does that help? I was essentially out of the state from February 2011 to June 2013.

Thanks!

 

[HRZ]

THe tIme clock started back up when you came back to MD.

One nasty quirk to check out..in general the SOL for a written contract default is 3 years ..but if it's under seal its 12 years! And under seal is often just those 2 tiny letters you see at or below your signature line " l.s."

 

[anik321]

THe tIme clock started back up when you came back to MD.

One nasty quirk to check out..in general the SOL for a written contract default is 3 years ..but if it's under seal its 12 years! And under seal is often just those 2 tiny letters you see at or below your signature line " l.s."

Thank you HRZ! The writing underneath my signature line is just my name typed out. The same for the Human resource representative.

I looked up online to find that, in the state of Maryland, the following contracts have an SOL of 12 years: Promissory notes or instruments under seal, bonds, judgments, recognizance, contracts under seal, or other specialties.

Any reason for any of you to think this document would fall into one of these categories?

 

[HRZ]

IF it's not under seal then it's not under seal.