I received a phone call from a collection agency at work and he advise me that he is going to serve me with a summon and that he needed my home address so he can bring a sheriff with him to serve me. After speaking to him for a few minutes, I ask him to send me something to proof that this debt is mine but he refuse. He than proceed to tell how much I owe and that I need to pay him right away to avoid being sue.

I told I would have to find out if this is really mine and I will call him back. I ran my credit report this morning and can not locate the collection agency or the original creditor.

I told him that I don't have him listed on my credit report and ask him what was the date of the charge off. He said early 2004. I said I think the statue of limitation has expired on this and he got really hostile and hung up on me.

Can he still sue me? What step do I need to take to get this resolve? Should I call him back and try to settle this debt? I live in CA. Please advise.

Which credit report did you check? I would suggest checking all three credit reports. Sometimes things are listed on one that aren't on others...

They HAVE to send you prove of what you owe to give you chance to pay it before suing you.

I am not sure what the statute of limitations is on this.

I ran all 3 credit report and did not find that collection agency on the listing or the original creditor on my report.

He did told me that he had send me notice to an address that I never lived in and to another address that I had lived for the past 13 years.

Thank you for your quick response.

Actually, they don't HAVE to send you anything before they sue you.

It won't look so good at the trial, if you can prove that you requested it, and they didn't comply, but then, they can also provide the proof at the trial.

Here is a link to the Statute of Limitations listed by State.

Are you saying that without a doubt, you have NO IDEA what this debt could be for, and that you absolutely do not owe it, or are you just playing the "gee, I dunno" game to see if you can get away with it?

Take a look at these documents, if you actually receive them, perhaps they might refresh your memory of things.

Worst case here, is they do sue you, you both go to court, and the one with the best evidence, and the most proof will usually prevail.

Statute of limitations on debt collection

First, not showing up on your credit report is no inidication. So you shouldn't judge by that.

Anyone can sue anyone, but whether he can win or not is a different story. He will have to show proof that this is your debt and he will have to show an accounting that verifies the balance and shows whether its within the SOL.

In order to cure in advance any possible trouble you should send them via certified mail a cease an desist telephone communication letter so they cannot legally harass you on the phone anymore and a request for validation on the account.

If you don't have the collector's address where to send the letter call them back and ask them for an address to mail your payment but be careful not to promise anything or tell them an amount, just say that even though you don't remember that debt you will have to make some numbers and deppending on the results maybe in order to avoid trouble you'll send whatever you can, you will also need the account number.

Nobody is going to sue you, they don't even have your address and no collection agency in it's right mind is going to expend money in a lawsuit after they fail to validate the account after your formal request.

In California the statute of limitations for opend end credit contracts is 4 years since your first missed payment.

Samples of this letters can be found in Debt Consolidation Credit Counseling Free Credit Reports Increase Your Credit Score


Carl.-

They are required if they contact you by phone to provide proof of that debt by mail if you request it, Refuse to talk to anyone on the phone, and demand it all to be in writing, next the sheriff does not go with someone, the person does not do the serving, the sheriff or a private servere serves it, so the story is a lie from the start.

Next if you owe the debt they would have your home address would they not ?

Just refuse to talk to them on the phone, in writing, if they mail you something deny the debt and demand they provide proof of the debt

Quote:

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Originally Posted by linh03

I received a phone call from a collection agency at work and he advise me that he is going to serve me with a summon and that he needed my home address so he can bring a sheriff with him to serve me. After speaking to him for a few minutes, I ask him to send me something to proof that this debt is mine but he refuse. He than proceed to tell how much I owe and that I need to pay him right away to avoid being sue.

I told I would have to find out if this is really mine and I will call him back. I ran my credit report this morning and can not locate the collection agency or the original creditor.

I told him that I don't have him listed on my credit report and ask him what was the date of the charge off. He said early 2004. I said I think the statue of limitation has expired on this and he got really hostile and hung up on me.

Can he still sue me? What step do I need to take to get this resolve? Should I call him back and try to settle this debt? I live in CA. Please advise.

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Statute in California on open accounts - charge accounts - is 4 years - that's 4 years from the last activity, a payment, using the card.

As others have said - this debt not being listed on your credit report(s) means nothing.

Is it your debt?