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jdoz08 · Mar 26, 2008, 07:08 PM

Hello, I am hoping someone might be able to help me.

I was sent to collections 5 years ago because of a defaulted gym membership. The current balance is approx, $500.00. I made small payments in the past and I stopped. I had completely forgotten about the account until I answered the phone today and they were asking me to pay. I told them I was disputing the debt and I did not think I should pay it as it should not have been in collections in the first place.

My question is... do I have to wait another 6 years not to pay... or can I wait another year and it will be Null and Void?

CaptainForest · Mar 26, 2008, 09:50 PM

When was the last time you made a payment?

Assuming that was the last activity, then add 6 years from then to get to the end of the SOL period.

jdoz08 · Mar 26, 2008, 10:03 PM

Thanks for getting back to me

I last paid May 2003

excon · Mar 27, 2008, 06:19 AM

Hello j:

It will NEVER be null and void. When you owe money, you owe it forever...

There is a time when they can't sue for the debt though, but they can harass you about it for the rest of your life.

excon

CaptainForest · Mar 27, 2008, 11:13 AM

excon is correct by saying the debt will never be gone.

But the truth of the matter is if the SOL has passed, they can't collect the money from you. They cannot use the courts to collect.

Will they keep calling you after the SOL has expired? Maybe at first to scare you into paying. But all you say is, “the SOL has expired. Good bye”. They will stop. They will not waste their time pursing a claim they can never collect.

Assuming you made no charge past May 2003…then 6 years will take you to May 2009.

ScottGem · Mar 27, 2008, 11:20 AM

Its not that they can't collect after the SOL has expeired it's that they have little leverage they can use to collect. But it looks like they have a year to file suit against you.

JudyKayTee · Mar 27, 2008, 01:15 PM

Originally Posted by CaptainForest

Excon is correct by saying the debt will never be gone.

But the truth of the matter is if the SOL has passed, they can’t collect the money from you. They cannot use the courts to collect.

Will they keep calling you after the SOL has expired? Maybe at first to scare you into paying. But all you say is, “the SOL has expired. Good bye”. They will stop. They will not waste their time pursing a claim they can never collect.

Assuming you made no charge past May 2003…then 6 years will take you to May 2009.

Ahh - but they can (at least in the US) file a lawsuit before the SOL has passed and then enforce the Judgment after the SOL has passed.

The SOL refers - at leat "here" - only to the filing date.

And, of course, this will continue on the credit report but maybe that's not a consideration.

CaptainForest · Mar 28, 2008, 01:08 PM

JudyKayTee is correct.

The SOL refers to the latest time they can file a law suit.

So they have until May 2009 to file a lawsuit.

So probably you won't hit the SOL since they seem to be on top of it.