What is the statute on this ?

[DewAndCey]

What is the name of your state? Indiana

Ok , here is the question. What is the statute of enforceable limitations on a Sears revolving credit card ? It was issued in 8/1996. Brief rundown it was my husbands and his ex-wifes account. And well it just now is surfacing or at least resurfacing. We pulled a credit report and it stated that it was due to expire on the credit reports in 7/2004. Well that is now.

But these people from RMA in Atlanta are now sending him an offer to get it taken care of. Well we do not have it , blah ! blah ! blah !

From my understanding with it having been from 1996 it should have expired. Does anyone here know for a fact whether it has or not ? There has not been a payment made on this account since early 1997 by the way.

Do they have a legal ground to stand on ? Or is it uncollectable due to statutes of limitations ? Should I send them a letter advising them of it's original age , etc ?

Thanks !

 

[Ladynred]

RMA is a bunch of low-life creeps and the collection hounds for Sears.
It doesn't matter when the account was opened, what matters for the SOL is when it was last PAID. The SOL in Indiana on credit cards is 6 years. You have the credit report, what is reported as the date of last activity on the SEARS tradeline ? If it was more than 6 years ago, send RMA and Cease and Desist letter telling them never to bother you about the debt again as it is time-barred.

Here is a great letter to use:
http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

The IN statute you need for that letter is on that same site.

 

[DewAndCey]

LadyInRed,

Thanks so much. We took your advice and sent out a certified letter to RMA telling them the 411 on this particular debt being outdated etc. Well lo and behold I pulled a credit report and it has already rolled off the report... So it was a last ditch effort on their part to get it collected. But now new dramas , just different companies is all...

Ok , is it legal for a collection agency to report two debts that are one in the same JUST with different account numbers ? I mean anyone can look at this one date wise , amount wise and so on. And see that it is in fact the very same debt. Which was discharged when we filed bankruptcy almost 4 years ago. This debt is listed on the bankruptcy discharge papers. BUT they reported it 6/2004 as a collection account. I called the agency and they claim I do not have an open account with them. And as far back as they can go in 2000 I did not have any accounts forwarded to them either.

Yet , on my credit report they show up twice ! Go figure I guess ! Homework for the weekend I guess !

Well thank you again and do have a great weekend !

Stacey

 

[Ladynred]

No, its NOT legal and its even worse if this is a discharged debt.

Dispute them with the CRA's as IIB. If the CA's have no records, the CRA won't be able to verify and the entries should be deleted.