[Susan Kirbie]

I was just notified by a collector regarding a debt I incurred in 1996.I have not received any prior notice.This was an Emergency Room bill. I do not keep records past 8 years. I have no idea of what if anything I truly owe or paid. Can they come after me after 10 years ?I am in Texas. Susan

[DrJ]

No, the statute of limitations in Texas is only 4 years. They can still ask for the debt, but no judge will grant them the right to sue for it.

Tell them that they are way past the statute of limitations and you will not pay.

This shouldn't even be on your credit report any more. Don't pay them anything. If you do, they can put it back on your report.

[CaptainForest]

I just wish to emphasize something that DrJizzle said.

Do NOT pay them ANYTHING. Because one you do, you have re-affirmed the debt and are liable for the entire amount.

[mr.yet]

They will try to get you to reaffirm the debt, don't do it! Have them put everything to you in writing, don't agree to anything. Statute of Limiation is up.

[mr.yet]

Here are two court cites about verification of debt, they must follow the rules if not sue them.



Barlett v. Heibl, 128 F.3d 497 (7th Cir. 1997), at 498,* “The*debt collector is perfectly free to sue within thirty days; he just must cease his efforts at*collection during the interval between being asked for verification of the debt and mailing the*verification to the debtor. Consumer Credit Protection Act, Section 809(b), as amended, 15*U.S.C.A. section 1692g(b).
*
Rabideau v. Management Adjustment Bureau, 805*F.Supp, 1086 (at 1092) states that “If the consumer disputes the debt or requests, in writing, the*name of the original creditor, then the collector must halt all collection efforts until it*sends* verification of the debt or the creditor's name to the consumer. 15 U.S.C. Section 1692g(b). However, absent such dispute or notification during the thirty day validation period, the debt*collector may continue its collection efforts. “While continuing efforts to collect debt may occur within 30-day validation period provided under Fair Debt Collection Practices Act (FDCPA), those efforts must terminate for at least that period from date validation demand is received by debt collector, within the 30-day period, until date that information demanded is provided to debtor.

[Fr_Chuck]

I was just notified by a collector regarding a debt I incurred in 1996.I have not received any prior notice.This was an Emergency Room bill. I do not keep records past 8 years. I have no idea of what if anything I truly owe or paid. Can they come after me after 10 years ?I am in Texas. Susan

ALERT!!

This scam of sorts has hit TN this last month.

A company goes around buying every collectible medical bill from doctors, hospitals and the such for 1 or 2 cent on the dollar, but heck the doctor gets something instead of nothing.

They start calling the people who owed the debt harassing them, teling them lies, telling them they will go to jail.

Their hope is that a few will pay, or even promise to pay, once you pay then you are now obligated to pay the money again ( as the old debt would not be enforceable, but once you make even a small payment again, they can go to court to inforce the debt)

They are under investigation, but at this point they are getting away with it.