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jneff1964 · May 3, 2007, 02:39 PM

I was notified yesterday afternoon that I had 48 hours to let a collection agency know if I am able to pay a debit which the creditor had charged off in 2001. This is from an account that was in my name (while married to my ex) and they used his income to qualify me for the credit. Before our divorce he was supposedly paying on this balance. I offered to make monthly payments and they say it has to be paid in full. I am on disability and do not see that changing in the future. I have had one back surgery and am looking at 2 more. One being this year. They are threatening to sue me if it is not bad in full. They also say that I will be served a supeona and will have to go to court. I am not physically able to do that and can not afford to hire a lawyer or file bankruptcy. I am willing to make payments but they won't accepted them. What do I do? I have until 9:00pm tonight to get back with them.

mr.yet · May 3, 2007, 05:23 PM

Don't let them scare you, the SOL may be up on this debt, do not talk to them on the phone anymore, tell them to put it in writing and that all contact with you will be done in writing only.

What state do you live?

Rmemeber they are trying to scare you, so if you or they call tell them put it in writing and to verify the debt as valid.

jneff1964 · May 3, 2007, 07:23 PM

Originally Posted by mr.yet

Don't let them scare you, the SOL may be up on this debt, do not talk to them on the phone anymore, tell them to put it in writing and that all contact with you will be done in writing only.

What state do you live?

Rmemeber they are trying to scare you, so if you or they call tell them put it in writing and to verify the debt as valid.

I live in Pennsylvania

mr.yet · May 4, 2007, 03:38 AM

Statute of limitations in Pa. is 4 years, so make them validicate the debt, request accounting and original contract you signed.

Debt > Statutes of Limitation on Debt Collection

Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.

You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt statutes

The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.

This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.

If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.

dmb99 · May 20, 2007, 10:38 PM

I second the answer above.
I'm in a similar position but I've been told there is nothing they can do if you are on disability. I know they can't garnish funds from disability. Beyond that it would seem they could move the collection effort forward. I'm not a lawyer so I would check that out. I also think going to court is not such a bad thing if you can do it physically. It is a good opportunity to present your side (re. hardships and losses) to a hopefully nuetral party. If you can't go perhaps a proxy could go for you. Hopefully it just won't go that far.
IRS has me in "uncollectible status". So they are not asking for any payments now but all those crazy fees are accumulating.
Do you have a Consumer Credit Counseling Service (CCCS)? They are among the few that are ligitimate.

chippers · May 20, 2007, 11:09 PM

What they are doing is unfair and illegal practices. Normally you have 30 days to respond to any claim made against you. Do not repeat do not talk to them on the phone. Send a letter requiring them to send all correspondences in writing. You want validation of the debt. Check with the federal trade commission and look up fair credit and collections act. You'll see what your rights are and you can check on the sol. Make no attempt to try to pay the debt or make any arrangements until you get validation from them. If the sol is up then oh well then sorry to them. What they are doing is abusive practices and harassment.
You can write to your state attorney general division of consumer affairs to complain. Keep all correspndences and make copies. You can also check with your state or county for legal aide. If you are on disablitly you might qualify for it. They can either advise you or give you names of attorneys that will see you on a scale fee or no fee. Also check you divorce agreement to see it the debt is included for your ex hubby to settle.
Collection agencies from time to time use unfair practices. Just don't panic and use your head. They banking on the fact you might not know your rights.

jneff1964 · May 21, 2007, 03:45 AM

Thank you all for your help. They haven't tried to contact me lately, but get this. They sent me a pre-approved credit card that the balance I owe would be automatically transferred to at 0% interest. I almost fell over when it came in the mail last week. I am not going to do it, but I am holding on to it. It doesn't make any sense to me at all.