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Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).
The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.
This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
NOTE: Credit Cards are usually considered to be an OPEN ACCOUNT.
Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).
The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.
This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
NOTE: Credit Cards are usually considered to be an OPEN ACCOUNT.
I keep seeing that same quote "Credit cards are usually considered open accounts" The "usually" is what concerns me. I have read about a million definitions but would really like someone to quote me a legal definition in the state of Georgia. I need to answer a suit tomorrow and the SOL is my defense. Georgia says 4 years on open accounts and 6 years on written contracts. Anybody know?
CaptainRich you state above "
As long as reader understand this is a form of protection. Not a means of avoiding payment of legitimate debt."
legitimate debt? Is it legitimate that banks loan money (opps, CREDIT, NOT MONEY) on your signature and create it out of thin air, never trying up their assets or money to back your loan? Then at the drop of a dime, change rates, impose fees, amend the contract in the middle of the agreement without the consumer ever being able to have any say what so ever to such an agreement? Have your not hear all the recent bank executive stand before congress and admit all the crooked and unlawful things that have been and continue to do to the public. I get it. Nobody wants to get credit and then just stop paying on it for the heck of it. But to assume that all debt is legitimate is questionable at best, especially in this day and age.
Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).
The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.
This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
NOTE: Credit Cards are usually considered to be an OPEN ACCOUNT.
I found what you said very interesting. I am trying to fix mine and my husbands credit. A lot of the items on our credit are already paid off, but still remain negative on our account, because they were 30-90 days past due. Is there any way that I can get them removed from our credit report.
I am now 26 and have credit card debt from when I was 18 and stupid. Is there anything that I can do to get this removed?
I was also wondering if there is anything else that could help us improve out credit. We have three wonderful kids and are just trying to get on credit back on track in order to buy a house this August.
Any advise at all is greatly appreciate. Thank you for you insight and time
I found what you said very interesting. I am trying to fix mine and my husbands credit. A lot of the items on our credit are already paid off, but still remain negative on our account, because they were 30-90 days past due. Is there any way that I can get them removed from our credit report.
I am now 26 and have credit card debt from when I was 18 and stupid. Is there anything that I can do to get this removed?
I was also wondering if there is anything else that could help us improve out credit. We have three wonderful kids and are just trying to get on credit back on track in order to buy a house this August.
Any advise at all is greatly appreciate. Thank you for you insight and time
Peggy
If I remember correctly, debt can't remain on your credit past 7 years. You may want to check on that. It's possible that you could simply have it removed.
Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).
The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.
This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
NOTE: Credit Cards are usually considered to be an OPEN ACCOUNT.
I live in Ontario Canada and stop paying a funny loan for club membership 5 years ago from a funny financial company. Diferent collection companies have contacted me 3 times within this time and I tell them that I have canceled that membership to get the money from the club. This week I got a Plaintiff's Claim for the Superior Court of Justice saying that I have 20 days to file a defence otherwise judgment may be obtained without notice and enforced me.
How much can they do to me if I file or not the defence? Can they take me to court or not? I am moving at the end of the month should I sent the letter back as MOVED? Would they be able to get my new address? If I admit the debt after the 6 year can they come back after me again? Can they touch my saving>
Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).
The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.
This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
NOTE: Credit Cards are usually considered to be an OPEN ACCOUNT.
Thank you Mr. Yet, the information has been very helpful. Is there anything that can be done against these "scavengers/vultures"? I was deeply hassled with the claims they made because in the first place we didn't owe them or the original creditor anything. The "original creditor" closed shop even before my husband was old enough to open a credit account, nor anybody from his family lived in the US to do that in his name.
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