Statute of Limitations             Click here to Print



#mamabiscuits - Says,

I have a question. There is an alleged debt that I owe to a college I attended back in 2003. I recall receiving letters from the school when I withdrew from the college in 2003 stating that I owe them x amount. I never contacted them to verify that I owe this amount nor have I made any payments. Now it is 2010 and I am sure the SOL has expired on this alleged debt.

The debt was assigned to or most likely purchased by a collection agency known for purchasing debts in 2009. I no longer live in the state where the alleged debt was acquired but I decided to call them to see what this was all about. They stated they were collecting a debt that has been delinquent since 2004 from the college I attended. I told them "I attended that college back in 2003 and now they want to tell me I owe them? This debt is passed the SOL." The agent told me "the SOL begins at the time the debt was charged off", I'm assuming that happened in 2004.

My question is, should I validate this debt so that I can find out when it was charged off? This way I will know for sure the SOL has expired. Or should I just continue to avoid them because it is possible that the SOL expires at the end of this year in December 2010.

Appreciate the info.

#cinnamngrl - Says,

what kind of debt is this?

tuition? fees?

what state do you live in? what state did this happen in? have you seen your credit report

annual credit report dot com

#Aaron - Says,

Hi Mamabiscuits,

To know whether or not the Statute of Limitations (SOL) has expired, you need request a debt validation. You can simply pull a copy of your credit report and check the date of last delinquency on this account. The SOL starts from the date of first delinquency, and this does not change with the charge-off.

However, the SOL also depends on the state and the type of account. Thus, you need to check out the SOL of your state. If the SOL has expired you can send them an expired SOL notification letter.

Hope this helps.

Regards,

Aaron

#shintao - Says,

Hi Arron! This seems a likely place to ask about the statute of limitations (SoL), and what triggers a newer date for a collection agency??

Does a Verification of Debt (VB) sent to a debt collector trigger a newer collection date?

Is only the agreement to pay the reason to trigger a newer collection date? I am thinking of other possible contacts or letters.

#NightStar - Says,

Have a very important question - was the student loan private or federal student loan.

Private Loans may have a statute of limitation and can be discharged in bankruptcy.

Federal Student Loans Don't have a statute of limitations, these can not be discharged in bankruptcy - and can remain on the credit report indefinitely as long as it is unpaid. Once paid it can remain an additional 7 years.

Federal Student Loans are akin to having a lien on your credit report, same rules apply.

You can read more about reporting times by visiting the FTC at www.ftc.gov and look up Fair Credit Reporting Act.

#Violetta - Says,

I have a similar problem - My husband left scholl in 2002. In 2006 we contacted them to determine where all his loans were for consolidation. All of a sudden we owe the school money. This is NOT a loan. It is unpaid tuition. Fast forward to today with no staisfactory verification of alleged debt and we have a debt collector contacting us with a MUCH higher bill than the original amount. Exactly what is the SOL on this type of debt?

[mail address has been removed as per the rules and guidelines of the community.]

#Aaron - Says,

Hi Violetta,

There is no Statute of Limitations on tuition debt. However, you can send them a debt validation letter through certified mail, requesting a return receipt (CMRRR). If you send the letter CMRRR, you will be able to retain the proof that you had sent the letter.

If the collection agency doesn't validate your debt, they won't be able to continue with the collection process. You can then dispute this item by using the proof of the debt validation letter sent to the collection agency.

Thanks,

Aaron

#mrssteve34 - Says,

my credit card was opened in11/8/2007, and has been sold to a collection agency. do i have to pay this as the ill SOL is 5yrs. also if a send in a payment will a new date of opening start when they receive the payment
#Please help Marie - Says,

I called the community college that I attended to obtain transcripts and they stated I was not able to get a copy since I still owed them money. I want to complete my associates degree at another college. Anyways, the last time I attended this school was 2001. It must have been a 3 month payment plan with the school I must have defaulted on although I don't recall. I never received a notice, a bill, a collection letter and this hasn't been on my credit. I do not know the amount since it should have accrued with fees and interest. I want my transcripts since I did pay for the classes I must have received a grade for since they would not have allowed me to complete the class if I had a balance. It is now 2013, I live in Illinois which is where the college is. What can I do at this point because I did not talk to the finance department yet and was hesitant to unless I new my rights first. Does the SOL apply? Can try no longer legally collect? Judgment has not been entered. Any input would greatly help!!
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