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    byob's Avatar
    byob Posts: 4, Reputation: 1
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    #1

    Apr 16, 2007, 04:54 PM
    Kansas state law about debt?
    Federal Law states they have 4 years to collect an outstanding debt.
    What about the Kansas state law? How long do the collector have for collecting an outstanding debt.

    I can't recollect all my old debt some debts are like from 1995, 1996.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 17, 2007, 10:05 AM
    Hello b:

    There is no federal statute of limitations on debt. There are state laws that restrict the time a party has to file a lawsuit. But, there are no laws that limit the time a collector can make attempts to collect, even though he might be barred from suing.

    excon
    byob's Avatar
    byob Posts: 4, Reputation: 1
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    #3

    Apr 17, 2007, 10:52 AM
    Quote Originally Posted by excon
    Hello b:

    There is no federal statute of limitations on debt. There are state laws that restrict the time a party has to file a lawsuit. But, there are no laws that limit the time a collector can make attempts to collect, even though he might be barred from suing.

    excon

    So, this means that if a third party agency is trying to collect the debt from the year 1995 or 1996, I still need to pay them. Or, I should get the document about the old debt first.

    What should I do?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 17, 2007, 11:25 AM
    Hello again, b:

    Whether you NEED to pay them, is a matter between you and your conscience. All I'm saying is that if you owe it, you owe it forever. WHAT they can do to you is altogether another matter too.

    Given what you've said, and from my personal knowledge of these scumbags, it's my belief that they CAN'T sue you because the statute has passed. That may or may not be so based upon myriad occurrences. Nonetheless, I suggest that you operate from the position that the SOL has passed.

    That means you can tell them to go jump in a lake, and by the way, they better not damage your credit or you'll sue them.

    That doesn't mean these people won't file a lawsuit, and if you're not there to tell the judge that SOL has passed, they'll get a default judgment, and then they'll raise all sorts of hell with your life.

    Get a copy of your credit report. See if there's any mention of this debt. IF you've gotten some communication from some collector a$$hole, respond IN WRITING, sent certified, to demand verification. Do that within 30 days of the first time they contacted you.

    IF the SOL has not passed (for whatever reason), and IF they 're going to sue you, and/or IF you want to pay them, be SURE to negotiate the payment down to $.25 on the dollar, and make sure they REMOVE any negative item on your credit report.

    excon
    byob's Avatar
    byob Posts: 4, Reputation: 1
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    #5

    Apr 23, 2007, 03:37 PM
    Quote Originally Posted by excon
    Hello again, b:

    Whether you NEED to pay them, is a matter between you and your conscience. All I'm saying is that if you owe it, you owe it forever. WHAT they can do to you is altogether another matter too.

    Given what you’ve said, and from my personal knowledge of these scumbags, it’s my belief that they CAN'T sue you because the statute has passed. That may or may not be so based upon myriad occurrences. Nonetheless, I suggest that you operate from the position that the SOL has passed.

    That means you can tell them to go jump in a lake, and by the way, they better not damage your credit or you'll sue them.

    That doesn't mean these people won't file a lawsuit, and if you're not there to tell the judge that SOL has passed, they'll get a default judgment, and then they'll raise all sorts of hell with your life.

    Get a copy of your credit report. See if there's any mention of this debt. IF you've gotten some communication from some collector a$$hole, respond IN WRITING, sent certified, to demand verification. Do that within 30 days of the first time they contacted you.

    IF the SOL has not passed (for whatever reason), and IF they 're going to sue you, and/or IF you want to pay them, be SURE to negotiate the payment down to $.25 on the dollar, and make sure they REMOVE any negative item on your credit report.

    excon

    What do you mean by sent certified?
    byob's Avatar
    byob Posts: 4, Reputation: 1
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    #6

    Apr 23, 2007, 03:51 PM
    I got a letter from this company "NCO". The debt was from 1995 and last payment was made 1996. I did metion about the statue of liabilites. This company knows that they can not sue me. I told them that I will not pay them. Then, they said some one is going to contact me.

    What should I do next?
    Should I respond back in a letter saying that I am not going to pay for this old debt as it is not showing in my credit report at all.

    Should I hire a lawyer for this case?

    Do you have an example of a letter to respond back to this company.

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