If you have a debt you got in one state and you move from that state to another which state's SOL applies? I've looked all over for a clear explanation and found nothing.
FYI, I'm out of work because of long term severe illness. At this point I haven't worked for nearly 5 years. I've been applying for disability, but you probably know how slow THAT goes.
In the meantime, I'm literally staying on a relative's couch, and FYI, I have NO assets, no job, etc. The most my bank account has had in it for a year was about $22, no kidding.
(I only keep it open because it's free and because I figure if I do EVER get SSD/SSI I'll need a place to stick it?)
I am trying to figure out if the people who are calling and writing me are doing so legally at this point. Debt is like 4 1/2 years old, and I am pretty sure I am past the SOL for the state in which I incurred the debt, maybe even for the one I am currently now in...
Also, how many collection agencies can be collecting for one debt? I have one debt, but I get calls and letters at the same time from multiple agencies. I know it's the same debt because I don't owe 10 people, and because all the paperwork I've gotten says it's the same debt, but nonetheless I am seemingly getting multiple calls from several different collection agencies.
I understand that a debt can be sold to some company, but I was under the impression that one company at a time was responsible for collecting it? I'm talking 4-5 letters and several dozen phone calls from collection agencies that have no connection with each other, at least not any that I can find by looking them up online, all within a period of a month, and ALL about the same debt.
Is it possible for companies that don't own the debt to call too? In a bid to get a commission fee or something like? Seems to me a lot of folks are calling for one past due debt....
Thanks!
I learned a lot reading here...
Hello PQ
I have tried to answer your questions. Hope they will be of some help.
If you have a debt you got in one state and you move from that state to another which state's SOL applies? I've looked all over for a clear explanation and found nothing.
Even if you move from one state to another the SOL does not change. The SOL of the state where you had incurred the debt still works for you.
Debt is like 4 1/2 years old, and I am pretty sure I am past the SOL for the state in which I incurred the debt, maybe even for the one I am currently now in...
If the SOL has expired then they cannot force you to pay the debt. However the debt remains and if you pay even a minimum amount after the SOL is over the account opens all over again.
Also, how many collection agencies can be collecting for one debt?
The original creditor can hire more than one collection agency to collect on one debt. This to some extent indicates that the OC and the 1st collection agency has failed to collect on the debt thus the second one. Again another possibility is that debts are sold form one agency to another and sometimes these agencies do not check the background of the debt at all. Whether it is valid and within the the SOL, they do not check. They just buy it for a very low amount and try to collect on it.
Is it possible for companies that don't own the debt to call too? In a bid to get a commission fee or something like?
Yes they can call if they have bought your debt. However they cannot violate the FDCPA in any case.
Hope I have been able to cater to your queries. Keep us posted.
Regarding SOL...
what type of debt is it?
what state are you in?
what state was the debt incurred?
Answering Morningstar...
A couple of credit cards. Two different banks, but ironically the one card also ended up being owned by the other because they bought that bank too.
I stopped paying in late 2003. At that point my interest was over 21-22% and I had to quit.
I was CA when I got in debt.
Now I am in FL.
End result of my health issues. I had to come here because I can't afford a place of my own. I'm literally living on someone's couch, and FYI, the only help I am getting is medical stuff and food stamps. I use the owner of the couch's computer to get online because my 6 year old laptop can't go there very well.
Bottom line, I did try to pay for far longer than I should have really, but despite me paying for over a year and more they doubled my interest rates, and no, they wouldn't work with me.
I asked several times.
It was always pay it ALL, RIGHT NOW.
Finally they sold my debt to what seems like a multitude of very shady debt collectors. AI in particular. Thanks for the heads up there, btw. I am now SO glad I have never answered the phone when they call, and OH how they DO call. It's not even my HOUSE, they have no reason to believe I live here, and still they call multiple times a day the b-!
It's been never ending calls and letters ever since I stopped paying, and for the record I have NEVER been offered a lesser amount to settle, on the contrary and at one point I practically BEGGED just to do that so I could put it all behind me.
I've filed for SSI, and been turned down once. I've got a pro bono lawyer now helping with that. But you know how that goes.
Fact is if it wasn't for the generosity of the person whose couch I am sleeping on?
I'd be dead by now.
I've never been at a lower point in my life and every trip to the state funded doctor only makes it more evident. I'm not going to be getting better.
I wish sometimes the bill collectors could see me, sitting here popping pain pills and the necessary medications all the time. I wish they could see me trying to walk 10 feet and not being able to. I wish they could see me on the days when I can't even half brush my own hair or zip up my pants without help!
Maybe they'd get a clue...
One of them sent me a letter threatened me with a lawsuit.
Yeah right...
I honestly I don't even see why they'd bother.
I have NOTHING to collect, seriously.
No residence of my own, no car, MAYBE $10 in the old bank account...
I don't get it.
I mean HOW could anyone even look at my credit, tax reports et all and even THINK to pursue me let alone SUE me?
Total waste of funds even calling me and I am sure that anyone who actually looks at said info already knows that.
But still they call....
My only consolation is that likely I won't be around to be hounded forever.
One of these days someone is gonna pick up the phone and the terse answer will be "She's been dead for six months you IDIOTS! NOW will you stop calling?"
Wherever I am then?
I hope I can still hear because if I can I swear I will be laughing my fool head off....
You would be within your rights to send a full cease and desist letter. Mail it return receipt.
Yes you can always send them a cease and desist letter.
Please dont feel so let down. There are things that will try to bother you always but do keep faith. hey cannot harass you like that. Send by certified mail a cease and desist letter.