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SOL of an old debt by collection agency

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Junior Member
What is the name of your state? AL

I have recently been getting phone calls at home while I am at work and the only message left is that I need to call the number they left and that it is important that I get in touch with them. I finally call and speak to someone yesterday. The woman informed me that she was calling regarding an account that was from 1995 in the amount of about $3000 which included about $1200 interest. The woman wanted me to send the money immediately and when I told her that I did not have that kind of money on hand she told that she was willing to work with me and I could make payments. If I did not agree to that she told that she would have to go through a nearby county. then she said that she would contact my employer and have my wages garnished at 20% and the fee would go up to $5000. Then she said that it would go on my credit report. She told me that she sent letters to my home address of which I have never received any. When I asked what company she worked for she told me it was an investment company. When I looked the company up through the BBB I learned that it is a collection agency. I don't know if this is a valid debt and if it was from 1995 hasn't the sol ran out. My understanding is that in Alabama the SOL is 6-7 years and this is almost 11 years old. What steps of action do I need to take. I have thought about sending a letter of validation or just ignore them calling and not worry about it. Do they have legal right to garnish my wages? Please Help!!!
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Senior Member
If I did not agree to that she told that she would have to go through a nearby county. then she said that she would contact my employer and have my wages garnished at 20% and the fee would go up to $5000. Then she said that it would go on my credit report.
Man, what a CROCK !!

First of all, if the last time you paid the ORIGINAL creditor was 1995, and if this was a credit card debt, then the SOL in AL is only THREE years. If it was a personal loan, or some other form of written contract (NOT a credit card), then the SOL is only SIX years. Either way, the SOL HAS expired and you can safely tell this witch at the CA to go pound sand - the debt is time-barred.

Which collection agency is it ??

Don't bother with validation -with a debt this old, you only need to send them a cease and desist letter and tell them to get lost - permanently.

Here's a letter you can use that is specifically for this purpose:

The statute you need to fill out that letter is on the same site.

Next, they have NO right to garnish anything - not without suing you and winning a judgment FIRST.

Lastly, if they put this debt on your credit reports, SUE THEM ! If the account went bad in 1995, the reporting period for it to be on your reports expired in 2002/2003 (7-1/2 years). They can NOT put this old debt back on your reports, if they do, its a violation of the Fair Credit Reporting Act (FCRA).


Junior Member
Was it a credit card or a written loan?
No, it was not a credit card, it was a personal loan.

What is the name of the CA?
The CA is Heavy Action Recovery.

Where can I find the statue?

Thanks for your help ladynred, I've read many of your other responses so I was hoping you would answer :)


Senior Member
Ok, personal loan - SOL of 6 years - which expired in 2001/2002 (depending on what month it went delinquent). Its a dead duck.

"Heave Action Recovery" .. oh lordy.. what will the come up with next.. talk about intimidation.

The statue stands in your town square ;).. lol.

The STATUTE is on the same site that I linked you to:

Just send that letter, certified, RRR and keep copies of everything, that should get rid of them.


Senior Member
igbabygirl said:
Where can I find the statue?
Section 6-2-34: Commencement of actions - Six years.
The following must be commenced within six years:
(4) Actions founded on promises in writing not under seal;
(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;
(9) Actions upon any simple contract or speciality not specifically enumerated in this section.

Source: http://www.legislature.state.al.us/CodeofAlabama/1975/6-2-34.htm


Junior Member
An update....

Well, I went into work today and was told I had a phone call from someone I had never heard of. When I picked up the phone, it was the same woman who has been calling me at home. She told me that I had refused to call her, which was not true. When I called she was in a meeting or gone for the day. When I told her this, she said that there was no record that I called and that if I had called, I should've spoke with Mr. so and so. This was the first time that I had heard this man's name. Anyway, she asked if I was going to pay and when I told her that I had not received any paperwork and was not going to agree to something that I did not see in writing, she told me she would fax it. I told her to fax it to my home and would not give her my work fax number and told her that I could not accept personal phone calls. I told her that I had contacted my attorney and she stated that if I did not respond by 4:15 p.m. she would contact my employer. Well... she did, 20 minutes later. She faxed a employee verification to my place of business and requested that I sign it. I did not sign it and asked the payroll person to wait until I found out what my legal rights were. She is holding it until I tell her something, any input?



Senior Member
Contacting your employer is a SCARE TACTIC. They can do NOTHING except verify that you do work there, can't do anything else without a judgment against you.

TELLING her to stop calling you is supposed to be sufficient, however, you're going to have to give WRITTEN NOTICE in order to make them back off.

The same is true for validation - you have to send a WRITTEN request, but I see no reason for you to bother with that.

The SOL on this debt has expired. What you need to do is stop pussy footin' around and send the witch a cease and desist letter telling them never to bother you again, the debt is TIME-BARRED.

Neither you nor your employer is required to send this CA a single damn thing. Ask your employer not to send them anything, they have no LEGAL reason to do so, there is no lawsuit against you.


Junior Member
I sent them a copy of the letter that you told me about in the first post. When I also tried to explain to her that the debt was from 1995 she told me that it was charged off in 2001. However, on my 2003 credit report it did not say that it was charged off but that showed that it was last reported in 1995 and shows that it has been paid off. on my most recent CR from this month, it is not even listed.


Senior Member
Did you check all 3 of your reports ??

They're violating the FDCPA by ignoring the C&D too.

Ok.. so then DO send them a validation letter, make them cough up the proof of this debt. Bet they can't do it. I would also include in it that they are NOT to contact you by phone at home or at work, all contact is to be by mail only.

The 'last reported' date doesn't mean a whole lot where the SOL is concerned, its when you last paid the original creditor - and you need to find whatever records you can of when that was. Does the credit report from 2003 show a 'date of last activity' ?? Chances are though if its not on your reports, its aged off. The reporting period on a debt that went bad in 1995 would have ended in 2002, so it shouldn't be on your reports. Her assertion that it was charged-off in 2001 doesn't mean squat - THEY LIE. They want you to admit it, send them money, and restart the SOL.


Junior Member
Yes, I checked all three credit reports from 2003 and they all say paid or closed. I know for a fact that there has not been any activity on this account prior to 1995.


Senior Member
Ok, then this woman is pushing her luck.

Did you send the first C&D letter certified, RRR ??

Time to send them ANOTHER one, ignore their assertion that it was charged-off in 2001, they always lie about that anyway. Paying on a dead debt will revive it.

Remind them in the 2nd letter that they have violated the FDCPA by ignoring the cease and desist in your first letter. You can always include 'intent to sue' language, that's up to you. File a complaint with your state attorney general's office, and the FTC.

Who is this CA anyway ??

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