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lmerge
Joined: 16 Jan 2009
lmerge's page
Posts: 1
48 Magic Points
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Subject: Collection Letters for Account not on Credit Report
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Fri Jan 16, 2009 5:36 pm
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| 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. |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 516
13571 Magic Points
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Sat Jan 17, 2009 7:12 am
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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. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Sat Jan 17, 2009 7:30 am
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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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All the Best 
Justin |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Sun Jan 18, 2009 5:17 am
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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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Goodnatured,
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for all the ways I make $$ online
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
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Tue Jan 20, 2009 11:30 am
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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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Where there's a will, there's a way !! |
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JamieGirl
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Subject: Collection Letter for Old Debt Not on Credit Report
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Thu Jun 03, 2010 4:18 pm
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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? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: collection agency
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Fri Jun 04, 2010 10:32 am
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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
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Fri Jun 04, 2010 3:38 pm
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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... |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: collection agency
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Sat Jun 05, 2010 8:07 am
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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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Cathleen
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Subject: ezyvvyPrfsA
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Tue Aug 30, 2011 1:27 pm
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| Slam dunkin like Shqaiulle O'Neal, if he wrote informative articles. |
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