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Collection Letters for Account not on Credit Report

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lmerge



Joined: 16 Jan 2009
lmerge's page
Posts: 1



53 Magic Points

Subject: Collection Letters for Account not on Credit Report
 
Posted on Fri Jan 16, 2009 5:36 pm  

I have been receiving letters of collection from no less than 10 different CAs for an account that isn't even on my credit report and I have three years of reports from all three agencies to back this up. If one of these CAs decided to sue, what are the odds they would be successful? FYI, I am in MN and the SOL is 6 years, which to me means that if it isn't my credit report it is more than 7 years old.
anthony

anthony

Joined: 31 Jul 2006
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Posts: 516



13587 Magic Points

 
Posted on Sat Jan 17, 2009 7:12 am  

Hi Imerge
The creditors may not list their names in the credit report against the debt at the first instance. They have send you collection letters and so you should ask for validation of the debt first. Send Debt validation letters to the 10 collection agencies separately by certified mail with return receipt. If they can validate the debt properly, come to settlement plans and pay it off, else if they report it to the credit bureaus, your credit score may fall. You can find sample debt validation letters if you visit the link letters of credit
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Sat Jan 17, 2009 7:30 am  

If you send debt validation letters to the collection agencies, they cannot sue you to the court before they validate your debt. However, if they sue you without validating the debt, and you prove it in the court by showing them the return receipt which you got while asking for debt validation, they cannot bring judgment against you to recover the debt. Moreover, if the SOL has expired, the creditor cannot bring judgment against you.
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Justin
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



389 Magic Points

 
Posted on Sun Jan 18, 2009 5:17 am  

Keep in mind that if they file suit one day before the statute of limitations expires it will put a freeze on it. I have a collection agency suing me and that is exactly what happened to me. They filed suit one month before the statute of limitations expired. It is like they lay in wait and then when you least expect it, wham, the case is filed in your local court.
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Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17420 Magic Points

 
Posted on Tue Jan 20, 2009 11:30 am  

Hi Imerge
If the creditors sue you to the court and prove that you owe the debt, they can bring judgment against you either to garnish your bank account or your wage. Now, if you can prove in the court that the statute of limitation on the debts have expired, the creditors cannot bring judgment against you. If you receive a summon, always file a response to the summon else a default judgment may be brought against you. If the seven years on the debt has already expired, then the SOL has also expired. So do not pay them even a small amount. If you do so the SOL will restart and you may be required to pay the entire outstanding debt.
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JamieGirl
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Subject: Collection Letter for Old Debt Not on Credit Report
 
Posted on Thu Jun 03, 2010 4:18 pm  

I received a letter 2 days ago from the "Law Office of Thomas Landis, Esq." stating that I owed and outstanding debt of approx. $2400. This supposed debt is not on any of my credit reports (from all 3 companies) even though they claim I have owed this money since 1998. From what I understand, the maximum statute of limitations is 10 years on credit card debt. The gentleman I spoke with said the debt was not reported until 2001 and then got really argumentative - stating that "just because it has been more than 10 years doesn't mean you don't owe money. what do you think it is? free money?" I told him that I thought he was being argumentative and I was simply saying that I do not owe this debt, it was settled a long time ago, and even if I did, they were illegally trying to collect it and I would be informing the FTC and the state attorney general's office and hung up.
Should I still send a DV letter? or what step should I take next?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: collection agency
 
Posted on Fri Jun 04, 2010 10:32 am  

Hi JamieGirl,

First pull a copy of your credit report. Check if this collection agency is listed there on the credit report. If you find the collection agency on your credit report, you can send them a debt validation letter through certified mail, requesting a return receipt.

If the collection agency is not there on your report, you can simply ask them to stop harassing you, else you can sue them. File a complaint with the Federal Trade Commission, and your State Attorney General.

Thanks,

Aaron
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JamieGirl
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Subject: collection agency
 
Posted on Fri Jun 04, 2010 3:38 pm  

Hey Aaron --
I ran my credit report (the free annual credit report that everyone gets each year through the government) for all three credit reporting agencies and it's not listed on any of them. So I should just send a C&D letter and go on with my merry life? That's awesome. And I'll do that as soon as I get ink in my printer...
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: collection agency
 
Posted on Sat Jun 05, 2010 8:07 am  

Hi Jamie,

If the collection agency is not there on any of your credit reports, you should do nothing. You don't have to either validate or dispute or send cease and desist letter. Wait for some days, and see if the collection agency tries to call you. If they starts harassing you over the phone, you may send them a cease and desist letter through certified mail, requesting a return receipt.

Thanks,

Aaron
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Vin
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Subject: Collection
 
Posted on Wed Apr 03, 2013 8:08 pm  

I've received a couple of call from an agency saying that I owe money, I'm in trouble and that I missed a court date. They actually spoke to my wife and other family members but never to me. This debt is more then 10 years old and either has been written of or settled. I have not called them back but today I received a message at work. What should I do??
Gerry Whitfield
Guest






 
Posted on Thu Apr 04, 2013 3:56 am  

Check the court dockets first. Secondly, check the SOL period in your state too. Are you sure that the debt is settled? Can you prove it with proper documents?

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