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    lenlacey's Avatar
    lenlacey Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 19, 2011, 08:00 AM
    Quick Question
    SO I have a bill from 2002. They called my mother in 2011. They said it has been to a collection company in 2007. But it not on my Credit Bureau.. What should I do?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Oct 19, 2011, 08:15 AM
    Ask them, in writing, to validate the debt.
    speedracer9's Avatar
    speedracer9 Posts: 1, Reputation: 1
    New Member
     
    #3

    Oct 20, 2011, 01:45 PM
    Do not send them money. I don't know what state you are in but in Alabama the statute of limitations bars them from collecting three years from the last payment (for open account) and six years (for contract). If you pay them it tolls the statute. Just tell them you are not responsible because of your statute of limitations time limits. Sometimes when old debts are sold to collection agencies they ignore this since it has to be plead by the debtor.. They will probably go away. Also, they will find documentation of the debt for you so you can confirm.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Oct 20, 2011, 02:24 PM
    First who called your mom, the actual card company or a third party collection agency who may have purchased this debt for pennies on the dollar.

    1. your mom should hang up after confirming who they are and their mailing address
    2. you write them and tell them not to contact you further by phone on this. ** I am assuming it is a collection agency
    3. I agree this debt will most likely be outside the SOL so they can not do anything expect bill you.

    If you ever pay and at times even promise to pay, it can start the SOL over again, where they can then sue you in court.

    I am not sure you need to do anything expect tell collection not to call you again, and ignore them, if you don't plan on ever paying them
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Oct 20, 2011, 03:22 PM
    Quote Originally Posted by speedracer9 View Post
    I don't know what state you are in but in Alabama the statute of limitations bars them from collecting three years from the last payment (for open account) and six years (for contract).

    They will probably go away.
    This is not entirely accurate. The SOL does NOT bar a creditor from collecting a debt, it only bars them from using legal means (i.e. a lawsuit) to collect the debt. They may or may not go away. A debt never expires so they can continue to dun you for the debt until its paid.

    But I do agree that you should pay nothing at this point in time. You should ask for verification of the debt. If they can prove that the debt is yours, then and only then do you start to think about whether you should pay or not.

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