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DJ Peacock

Guest
What is the name of your state? Arizona. SOL was June 1-99. My 3 years would be up June 1, 2002...Correct?

Qustion?????What is the next steps I need to do? How can they keep adding collection agency? And why did they not have to honor the original payment arrangement? Haven't they broken all the rules. AT&T? And all 4 Collection Agency?

Thanks for your help!!!!!!! :)
 


bigun

Senior Member
What are you trying to accomplish? The SOL that Halket is talking about is a defense should you be sued. Derogatory information may stay on your credit report for 7 years. Even if the SOL has run, CA's can still try and collect. If you get sued you must appear in court and tell the judge the SOL has run.
 
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DJ Peacock

Guest
bigun... thanks... I guess what I am trying to accomlish is to get rid of this whole up-setting mess. I have tried to work with ATT and all the CA to make payments. I start making the payments and then they want a larger payment. I tell them I can't aford more and then thats when a new CA would come after me. I would go through the same thing. I just want this whole mess out of my life. If I have to pay then why can't they be forced to the agreement amount? I NEED TO KNOW WHAT TO DO TO GET THIS MESS ALL BEHIND ME?

Maybe I should file suit against all of them for breech, harrassment, repeatedly annoying phone calls, misrepresenting the amount, threats of law suits, just general mental abuse, when I was, in good faith, trying to pay a bill.

I don't know what to do. Please explain in terms that I can understand and do. Thanks for your help
 

Ladynred

Senior Member
First of all, the SOL starts when you last made a payment. If you have made payments since 1999, then you have reset the SOL clock by paying.

Second, there is NOTHING binding about any payment agreements UNLESS you get that agreement in WRITING and its signed by the collector or creditor. There is NOTHING in the law that holds them to a verbal agreement. You can't sue over that, it won't work. If you can prove they've violated the FDCPA, then you have grounds for a complaint. As for 'good faith' in your trying to pay... it doesn't amount to a hill of beans with a CA, all they want is $$$$$$$$$$$$$ !!!

If you have truly NOT made any payments since 1999, to anyone, then you are free and clear, basically. Collectors will continue to harrass you for it though possibly less often as time goes by. Once the SOL has expired, they can TRY to sue you, but if that happens you go to court with proof that the SOL has run out (proof when you last paid) and the lawsuit will be thrown out.

I suggest that you have a Cease and Desist letter on-hand and ready to fill in with the new name and address of each collector. In it you tell them never to contact you again as the SOL for the debt has run out. They'll go away.. until it gets sold to another CA. Send these letters Certified, return receipt requested, always !! You're going to have to keep this up until you either pay what's owed, or they finally give up.
 
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DJ Peacock

Guest
Ok thanks Halket, bigun, and Ladynred.

I will take all the info given. Your help has given me some piece of mind.

By the way this is a great site.

God bless all.
 

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