Comments on: Is there any statute of limitations for a company trying to collect credit card debt?

By: Mrs. M

Mrs. M — Sun, 18 Oct 2009 00:45:29 +0000

what state do you live in? or country even?
You owe it till the day you die.
IT was her bill nows its the both of ya’ll

By: Jeffrey

Jeffrey — Sat, 17 Oct 2009 04:47:19 +0000

Two points:

1. Slimick has given the only correct answer on your question so far.

2. The only reason I am posting an answer is because you have this completely backwards. It is not up to you to prove that you have paid this debt. It is up to the collection agency to prove that you owe the debt.

Follow Slimick’s advice on doing debt validation. This company is trying to collect on what is called “zombie debt”. It is all about pressuring and threatening people into paying money to people they do not have to pay anything to.

By: Stacey I

Stacey I — Sat, 17 Oct 2009 00:30:29 +0000

A lot of people think that the statute of limitations is 7 years. That’s wrong.

What happens is collection agencies sell your account to other collections after they can’t get you.

Every time this happens, you get what’s called an”Updated Date”on your credit report. So, people think that after 7 years, it’s gone, try more like 20-30 + years.

Visit
REF CODE 3979

We can legally delete negative marks on your credit report.

Most people don’t know that by law, the only thing that has to be on a credit report is unpaid child support.

By: Slimick

Slimick — Fri, 16 Oct 2009 21:18:55 +0000

It doesn’t matter that you no longer have proof. This debt is outside the statute of limitations for all 50 states…it is also past the allowable 7-year reporting cycle on credit reports….so they can’t place this on your credit file . This is ancient, time barred debt….because of this, the collection agency is powerless over you….other than trying to scare/annoy you into paying.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

- written validation of this alleged debt and that said alleged debt is within the statute of limitations -

- Cease all verbal communications with me about this alleged debt.

—————————

Read up on the Fair Debt Collection Practices Act and understand your rights:

By: Mr. Taco

Mr. Taco — Thu, 15 Oct 2009 19:34:02 +0000

Nope. No statute of limitations on this. If you owe money, you owe it until it is paid. Period. You’ll have to take it to court if you want to claim you did pay it. If it is your word vs. theirs, you may get off if they can’t prove you DIDN’T pay it.

That said, why can’t you get your bank records from that far back? Those should still be available at your bank, unless you paid them all back in cash, which would have been pretty dumb. Get your bank records, find the payments, and you’re completely clear.

p.s. That seven years limit for reporting to collections someone is harping on is an oft-misunderstood act. It does NOT mean that your debts go away after 7 years. Oh, contrare, mon frere!! It means that an individual blemish on your credit history goes away…. 7 years after you FIX IT. So if you did, indeed, owe them money, it would not matter one bit if eight years went by. You still owe it. You need to address that you don’t owe the money, not how much time has gone by. The fact they waited so long is a good sign in your favor, but it does not eliminate the debt if it does exist.

By: Anjell

Anjell — Mon, 12 Oct 2009 12:04:29 +0000

The statute of limitations is state/jurisdiction independent. It would have expired 8 years later. The only thing I can imagine may have happened is a debt was missed and sold to another collection agency which would make the debt valid and re-start the standard 7 year clock again. Contact the credit bureau Equifax/Transunion for a debt validation. If they cannot prove this debt is valid, then it must be deleted from your wife’s credit report.

By: Smiley O

Smiley O — Sat, 10 Oct 2009 16:17:45 +0000

proof is everything now a days