Re-aging of credit card debt vs statue of limitations

Submitted by nikkims09 on Sun, 02/22/2009 - 16:07
Forums

I live in MA & was wondering if the re-aging of debt will be on my credit report. I have to go to court in March for a Capital One credit card that was sent to collections at least 9 years ago. It no loneger shows on any of my credit reports but I believe I made a payment to the law firm that's now handling this account. I was looking into the statue of limitations but found that a debt can be re-aged. Do you think it is since I made a payment or would it still be on my credit report if it was?

Nikki, The SOL for your state is six years. It would depend on when you made that payment to the law firm. Depending on that payment it would then go six years from the time you paid on the account. NOW...have you asked for validation on this debt? You are entitled to debt validation regardless of when you made your last payment. If you have not sent a debt validation letter I would send one by cerified mail asap. They will have to provide the ORIGINAL signed contract from the original creditor and show they have the right to collect it. This debt being 9 years old has probaly passed through so many hands and has a good chance of not having the proper paperwork. Is the collector showing on your report and reporting a last payment?

Mon, 02/23/2009 - 02:18 Permalink

Tr5ue, it will depend on when you made the payment. Check on that date and get back to us. Do you have your reciepts? Do you have anything at all that shows what and when you paid? bank statement or reciept for your payment?

Mon, 02/23/2009 - 03:04 Permalink

Since you have made a payment, your account has re-aged and you may be required to pay off the entire debt. For most of the debt the SOL is from 3 to 8 years and your SOL would have expired if you had not made a payment towards the debt. If you do not make the payment towards the debt now, the creditor can sue you to recover the debt. However, you should ask for debt validation before you start making any payment.

Tue, 02/24/2009 - 11:40 Permalink
SHAKEY5 (not verified)

I HAVE BEEN CONTACTED BY A LAW FIRM ABOUT A VISA CREDIT I HAD IN 1997 AND THEY ARE SUING ME .I NEVER MADE PAYMENTS TO THIS CARD IT WAS FOR 500.00 DOLLARS.THEY ARE SENDING GARNISHMENT OF WAGES TO MY JOB WHAT CAN I DO TO STOP THIS.

Fri, 03/20/2009 - 21:43 Permalink

GUEST.........usually a debt is on your Credit for 7 years. It sounds like that 7 years has past. I don't see how they can (legally) garnish your wages after all of this time. Are they taking money out of your checks now? ..or, are they just SAYING they will? What state do you live in? Please give me a bit more information, please.

Mon, 03/23/2009 - 03:25 Permalink

I live in Utah where the statue of limitations is 6 years. I am 2 mo. short of that sense last payment. I am being sued .My lawyer is contesting this on the basics of the statue of limitations in Virgina where Capital on is based is 3 years.On there application it was from Virgina. It has been 6 mo. and the judge has not made a discission. Anybody else ever used this?

Fri, 05/29/2009 - 16:37 Permalink
Heather_once_d… (not verified)

I got a credit card from Capital one back in 2002 and the last time I had paid anything on it was in the beginning of 2003. I got the card in Alaska, is the Statue of Limitations set for the state I live now or the state I got the Card. Can someone tell me what the Statue of limitations is?

Wed, 07/29/2009 - 22:37 Permalink

Hi Heather

The SOL in your current state of residence will be applicable. However, sometimes creditors take the longer SOL as being applicable in case of a debt so that they can get a longer time period to pursue the debt.

Thu, 07/30/2009 - 10:01 Permalink

Heather, The statute of limitations is different from state to state, meaning each one has their own set tie limit. The SOL in Alaska is 6 years, one of the longest. Your debt should be protected by the SOL if it was in the beginning of 2003 since this is the middle of 2009. It also will more than likely fall off next year. Creditors can still contact you on this debt they just would not be able to legally sue and win, that is if your dates are correct.

Thu, 07/30/2009 - 12:01 Permalink
Phil (not verified)

I have been paying the law firm since may 2006. I have missed one paymnt and they are threatening to garnish wages. The judgement amt is 78.00. What can I do, tired of paying

Fri, 11/16/2012 - 05:47 Permalink
matzcrorkz (not verified)

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Tue, 08/05/2014 - 20:56 Permalink