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This has to be a scam

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Eekamouse

Senior Member
What is the name of your state (only U.S. law)? California
I got a call at my work number from a collection agency today. They told me I have an unpaid bill from a Sears charge card that I opened in 1993 and the last payment on the card had been in 2003. I have never had a Sears card ever. This debt was not on my credit check when I purchased a new car 1 1/2 weeks ago. I told the lady that whatever it says in their files is wrong and that I do not and never had had a Sears card. She told me well they have absolute proof that I did have a Sears card and if I don't want to make payment arrangements, they will take me to court. I told her I wasn't handing over one red cent and that I look forward to seeing her in court.
My question is this. Is this some type of scam perpetrated by someone who was able to see somehow that I recently purchased a vehicle and is hoping to scam money out of me?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California
I got a call at my work number from a collection agency today. They told me I have an unpaid bill from a Sears charge card that I opened in 1993 and the last payment on the card had been in 2003. I have never had a Sears card ever. This debt was not on my credit check when I purchased a new car 1 1/2 weeks ago. I told the lady that whatever it says in their files is wrong and that I do not and never had had a Sears card. She told me well they have absolute proof that I did have a Sears card and if I don't want to make payment arrangements, they will take me to court. I told her I wasn't handing over one red cent and that I look forward to seeing her in court.
My question is this. Is this some type of scam perpetrated by someone who was able to see somehow that I recently purchased a vehicle and is hoping to scam money out of me?
Sounds like a scam. And it is passed the SOL for collecting unless they have a judgment. So yeah... scam...
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California
I got a call at my work number from a collection agency today. They told me I have an unpaid bill from a Sears charge card that I opened in 1993 and the last payment on the card had been in 2003. I have never had a Sears card ever. This debt was not on my credit check when I purchased a new car 1 1/2 weeks ago. I told the lady that whatever it says in their files is wrong and that I do not and never had had a Sears card. She told me well they have absolute proof that I did have a Sears card and if I don't want to make payment arrangements, they will take me to court. I told her I wasn't handing over one red cent and that I look forward to seeing her in court.
My question is this. Is this some type of scam perpetrated by someone who was able to see somehow that I recently purchased a vehicle and is hoping to scam money out of me?
It almost has to be a scam of some sort. 2003 is long past the statute of limitations and a collection agent is not supposed to threaten to sue you unless they actually can. In other words, even if you really did have a Sears card they couldn't make you pay because its too late.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? California
I got a call at my work number from a collection agency today. They told me I have an unpaid bill from a Sears charge card that I opened in 1993 and the last payment on the card had been in 2003. I have never had a Sears card ever. This debt was not on my credit check when I purchased a new car 1 1/2 weeks ago. I told the lady that whatever it says in their files is wrong and that I do not and never had had a Sears card. She told me well they have absolute proof that I did have a Sears card and if I don't want to make payment arrangements, they will take me to court. I told her I wasn't handing over one red cent and that I look forward to seeing her in court.
My question is this. Is this some type of scam perpetrated by someone who was able to see somehow that I recently purchased a vehicle and is hoping to scam money out of me?
I got a call from my 15 year old daughters phone telling me I owed $...(I can't tell you what I said to the scammer as I would be banned. I will say that I utilized all my Massachusetts language skills and accent ;)) It a scam. Why this is allowed to happen is ...beyond me.
 

justalayman

Senior Member
The sol is an affirmative defense. It must be asserted when sued. A debt is not automatically not collectable through the courts just because the presumed sol has run. Many states have tolling statutes that can make a debt collectable virtually forever in some circumstances.

Then, just because an sol has run doesn't mean the debt is not valid and eligible to be collected. The sol prevents (when properly claimed) a creditor from being awarded a judgment through the courts.


But with that said:

If you have never had a sears credit account obviously this is a scam.
 

Eekamouse

Senior Member
The sol is an affirmative defense. It must be asserted when sued. A debt is not automatically not collectable through the courts just because the presumed sol has run. Many states have tolling statutes that can make a debt collectable virtually forever in some circumstances.

Then, just because an sol has run doesn't mean the debt is not valid and eligible to be collected. The sol prevents (when properly claimed) a creditor from being awarded a judgment through the courts.


But with that said:

If you have never had a sears credit account obviously this is a scam.
I did ask her why this debt did not show up on my credit report when it was ran recently and she said that it was because they have not taken me to court yet.
 

justalayman

Senior Member
I did ask her why this debt did not show up on my credit report when it was ran recently and she said that it was because they have not taken me to court yet.
While it could be true if a creditor who does not report to the CRA's, given your statement you have never had a sears credit acccoint, it's obviously a scam.

Generally speaking if a claimed creditor contacts you via phone;

NEVER give out sensitive information such as
Social security number
Bank account number, or even banking institution
Employer or address of your employer
Any personal information
If the claimed debt is for a business you actually do business with, do not give them your account number. If this is a valid claim, they already have it.


I wouldn't even give my mailing address.

Never agree to payments on any debt you are not certain is your debt.

Tell the creditor to mail you information regarding the debt and you will review it.

There are a lot of scams out there and you have to be vigilant to protect yourself from the scammers.
 

LdiJ

Senior Member
I did ask her why this debt did not show up on my credit report when it was ran recently and she said that it was because they have not taken me to court yet.
Now I am sure its a scam, because Sear's always puts things on someone's credit report...from day one.
 

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