[Cajun1941]

Hi, here's hoping you can help.

My credit report is clear, No Collections, No Public records and No Negative accounts.
I also have an excellent credit score. Does this mean that any old credit balance after the 7 !/2 years is gone? I can't remember that far back.

The thing is I received a Summons from Portfolio Recovery Services over a debt owed.
If anything this has to be a SOL debt from over 7 !/2 years ago. Do they have a right to do this? I Checked my credit report and there is no sign of them. I denied the debt, and two weeks later a have a court date.What's up with these guys, what should I do? I asked for validation and still waiting for that. How long do they have to answer? Any advice on this would be appreciated.

Thanks and God Bless.

[kpita]

What state are you in? This determines SOL. Many 3rd rate collection agencies buy overdue debt for pennies on the dollar hoping to collect by scaring people with good credit so that it doesn't ruin it. Its great that you are not acknowledging the debt. Whenever you speak to the agency always call it alleged debt because once you acknowledge it, the debt could come back in play. Depending on your state all you need to say is SOL. If you tell me your state I can tell you the SOL on credit card debt.

[JudyKayTee]

What state are you in? This determines SOL. Many 3rd rate collection agencies buy overdue debt for pennies on the dollar hoping to collect by scaring people with good credit so that it doesnt ruin it. Its great that you are not acknowledging the debt. Whenever you speak to the agency always call it alleged debt because once you acknowledge it, the debt could come back in play. Depending on your state all you need to say is SOL. If you tell me your state I can tell you the SOL on credit card debt.

This is not correct legal information - you still have to respond to papers with papers. A simple statement "SOL" is not sufficient.

A 7-1/2 year old debt is undoubtedly out of Statute if you are in the US - but keep in mind that Statute runs from the last activity on the account, a payment, a charge, not from the date the account was opened.

Not unusual that this hasn't been reported to a credit agency - some things slip through the cracks in the system.

Otherwise - is it your debt?

[Cajun1941]

This is not correct legal information - you still have to respond to papers with papers. A simple statement "SOL" is not sufficient.

A 7-1/2 year old debt is undoubtedly out of Statute if you are in the US - but keep in mind that Statute runs from the last activity on the account, a payment, a charge, not from the date the account was opened.

Not unusual that this hasn't been reported to a credit agency - some things slip through the cracks in the system.

Otherwise - is it your debt?

The state is Alabama. The last paper work I could find makes it in 2002. Nothing since then.

Thanks.

[progunr]

Alabama is 6 years so 2002 may still fit within that limit.

[JudyKayTee]

The state is Alabama. The last paper work I could find makes it in 2002. Nothing since then.

Thanks.

It could very well be within Statute - the Statute is from the last activity on the account (payment, use of the card), not from the date the account was opened.

[Cajun1941]

I am still waiting for validation on this account. How many days do they have to respond to my validation letter? Also my daughters is on this summons. She was only an authorized user. She cannot be in court, she lives in New Jersey now. She is not responsible, I am. When I received the summons they gave me 14 days to respond, I read that everyone gets 30 days, what's up with that? I received a court date about 10 days after I returned my answer. Can the court do this within the 30 days that the collection agency has to validate this debt?
Sorry about all the questions, but I am going nuts over this. Please give me some advice.

Thanks

[fightincreditor]

My understanding of the FDCPA is that they have 30 days to respond to your request for validation. Be sure to go to court if a date is set. Take the letter you wrote (hopefully you sent it certified mail) and advise that you requested validation within your 30 days legal rights. This will at least postpone the court date as it is your right to have validation. An authorized user is not responsible for your account unless she signed the contract. Only the person who signed the original contract is responsible for the debt. Hope this helps and good luck. By the way, once they produce paperwork, check last date of activity on the account this will determine your SOL. Also can ask them to produce that you are legally liable to pay them (creditor).

[ConfusedInAK]

I HATE Portfolio Recovery Associates!!

They bought a debt from a $300 credit card that charged off... (which I could have paid off had the CC company given me 2 months... but they charged it off and sold the debt.)

PRA got ahold of it and then sent me a bill for $1000... I tried to negotiate payments with them... they offered 2 $500 payments in 1 month... (first of all back then if I had $500 I would have paid the bill... but I did not)... I was unaware and stupid and did not realize that the 3 year old debt they were billing me for had run out of time according to our statute of limitations... so I paid them $50 and told them I would try to pay them the balance in a week to 2 weeks...

THEY tried to take the money out of my account without my permission... the full $1000 so I got dinged from my bank for NSF... keep in mind this was 5 years ago...

PRA even marked it as paid on my credit report...

TO THIS DAY! I still get calls from them but now they want nearly $3000... (7 years post charge off... )