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lcairns · Jun 19, 2007, 01:59 PM

My company has purchased credit card debts which I am starting claims on some of them. If the last activity is in 2004 it is Statute barred, but if the person verbally acknowledges the debt and/or makes payment arrangements with us, will it bring the account back into stat?

CaptainForest · Jun 19, 2007, 04:53 PM

2004 may or may not make it Statute barred.

It all depends WHERE this is occurring.

The laws vary by province and state.

ScottGem · Jun 19, 2007, 05:53 PM

A verbal agreement doe not restart the SOL. That would require receipt of a payment or a written agreement.

Fr_Chuck · Jun 19, 2007, 06:03 PM

If your company bought 3 year old debts, it is fair to assume they paid somewhere from 3 to 10 cents on the dollar for the debts, assuming most can never be collected, and hopeing just a few will get paid.

In many places yes a dabt from 2004 can not be done in court.
But I would have to ask, why if your firm has no knowledge of collection laws are they buying old debts.

You can easily break a lot of rule in collections if you don't know them

lcairns · Jun 20, 2007, 04:56 AM

Originally Posted by CaptainForest

2004 may or may not make it Statute barred.

It all depends WHERE this is occuring.

The laws vary by province and state.

I am referring to Ontario. We do follow strict guidelines when it comes to collecting debt, and certain provinces we are unable to call when they are statute barrred. By the time we purchase the debts from Ontario and Alberta, the accounts are very close to being statute barred, but the debtor has verbally acknowledged the debt and/or continues to promise payment but never follows through, so that is where I was wondering if the verbal acknowledgment would keep it in longer.

excon · Jun 23, 2007, 05:48 AM

Hello I:

I'm sure you're a wonderful person, but I hate collection agencies...

excon

bushg · Jun 23, 2007, 06:12 AM

I think a verbal agreement could get it started again. Now that will depend on who the judge believes you or the debtor. If the judge just has your word to go by. Do you have proof that they acknowledge the debt as theirs and you provided them with proof of the debt and they agreed to pay. Then you may have a case. But prove you did all these things... did you record the conversation, send a certified copy of the bill and have a note where they acknowledge the debt as theirs.