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View Full Version : Will I be taken to court over a cancelled payment arrangement for a credit card debt


kidaboo94
Jul 29, 2011, 02:11 AM
Will I be taken to court over a cancelled payment arrangement for a credit card debt with a collection agency?
I had this credit card in college approximately 9 years ago. I had no idea that the statute of limitations for the debt had passed and I was concerned about getting the debt paid after having it count against me for so long. I was worried about being taken to court and my wages garnished. I made payments over many months; I had a small payment arrangement and ended up paying a little over $500 towards the $1900 debt. In the last few months I've experienced some difficulties, including losing my job of nearly 4 years. I was on unemployment for 1 month, then I got a job hostessing at a restaurant for a couple of months, and now I am finally in a more long-term position. I'd called several times to change my payment due date as the dates which I was receiving income changed several times. The last time I called the agent was horribly rude and demeaning and was quite a bully to me. It was the most upsetting call I've ever experienced. He refused to let me speak with someone else. He was very nasty. I got online and looked up the company, and saw that they have a history of such behavior towards people. And then I also read that the debt may've never been legally collectible anyway by the time I started paying on the account! I called and cancelled the payment arrangement. The lady said that the account would be turned over to "the partners" (a law firm I deduced) and I would be facing wage garnishment. I thought she was threatening me but I looked online after the call and found a concept called re-aging debt, which stated that since I acknowledged the debt by making payments that it had been brought current and was now legally collectible for another 7 years, plenty of time for me to be taken to court! I am so nervous and worried that I've made a horrible mistake. I'm sure that the collection agency will refuse to work with me now and allow me to continue payments for cancelling the arrangement. I had no idea about any of this, and now I am so worried I will pay for this ignorant naïveté. What should I do? Please help! I live in Virginia by the way.

ScottGem
Jul 29, 2011, 03:21 AM
The SOL goes from the last activity on the account. By making payments you restarted the SOL, so you have given them the right to sue over the debt.

So I would go back and tell them you want a new arrangement, because they will sue and will win.

Just a point, while an expired SOL may make it so they can't use legal means to collect the debt, that doesn't mean you don't still owe or that they cannot dun you for it. A debt never expires until it is paid.