Demand for payment of old write-off debt.

[oldladyblue]

What is the name of your state? Arkansas. I have just received a demand for payment on an 11+year old bill that I assumed was paid or written off years ago after I lost my job. An attorney tried to settle my bills right after I lost my job but not all creditors were willing to do this and I don't remember who or if any got paid. I am currently working and had no trouble getting a car loan or bank mortgage so I assume it is no longer on my credit report. If I pay this small one now (which I'm not even sure wasn't paid before)I'm afraid it will open a can of worms for other larger bills that may not be paid. The company I got the notice from got it from another collection company. The notice said they can provide me with the original creditor's bill if I ask but I can't prove it was paid that long ago. I don't want it to proceed to legal action or cause a garnishment. How do I handle?

 

[guest.]

If the web page spreadsheets are correct, the longest cause of action (breach of written contract), is 5 years.

If you have not paid on this debt or sent a signed acknowledgment of the debt in 11 years, they are SOL. They can still sue you fon non payment, but it would be tossed out for failure to state a claim upon which legal relief can be granted.

I would send the debt collection company a debt validation letter or if I had proof of last payment being 11 years ago a letter informing them they are SOL and to cease and desist all communication with me about the debt.

 

[dc417]

demand for payment of old write offdebt

Here's my advice. Do not pay this debt. It is an expired debt and past the Statue of Limitations for collecting the debt. Are they reporting this to the credit bureaus? If so, it's illegal. The info is outdated. How much is debt?
Are they licensed and bonded to practice debt collections in Arkansas? Do they have a letter of assignment from the original creditor to collect this debt? Can they provide the original contract bearing your signature agreeing to pay them as assigned?WARNING Do not speak with any debt collector over the phone. They will record your conversation and any agreement you make with them is legal and binding. Immediately object to your conversation being recorded. From your post and if you have the letter, you can prove several FDCPA violations(Fair Debt Collections Practices Act) which if proven in court, could amount to $1000 per violation. I don't know the max amount you can sue for in AK(easy to find out though), but it would be worth it to find out. Sounds like a nice vacation to me! I hope this helps you. Also, no need to write a vulgar letter, it doesn't work. Use the Law. It works and you can work it!

 

[JETX]

It is an expired debt and past the Statue of Limitations for collecting the debt.

You are an idiot!! What the hell is the 'Statue of Limitations'???

Are they reporting this to the credit bureaus? If so, it's illegal.

There is nothing in the post to even suggest that.... so why did you ask?

I don't know the max amount you can sue for in AK

And how is Alaska relevant?? The writer lives in Arkansas!!!

 

[Ladynred]

What the hell is the 'Statue of Limitations'???

Its a big bronze or stone figure that stands in the town square

ROFL !!

I don't know where this person is coming from, sounds like he/she could be a refugee from AOC


Hey JetX, you missed one !!

, you can prove several FDCPA violations(Fair Debt Collections Practices Act) which if proven in court, could amount to $1000 per violation

WRONG !!! The MAX you can get for an FDCPA action is $1000 PER ACTION, NOT per violation !!! Gawd.. read the law !!

 

[oldladyblue]

Question for dc417

I checked the SOL for Arkansas and the bill that Merchants Credit Guide says I owe(their client is Asset Acceptance) is over 6 yrs. past the SOL and I cannot find that they are licensed in this state to do collections. I replied to their letter by certified mail and certificate of mailing. They have signed for the letter. After reading further on this site now I wonder if I should have asked for validation of the bill (under $200) in addition to telling them they are past the SOL. If they contact me again will I still have the opportunity to request validation? Thank you for your advice.

 

[JETX]

If they contact me again will I still have the opportunity to request validation?

Yep. You can ask for validation of a debt claim at any time.

 

[Ladynred]

If you are sure the debt is that far past the SOL, there's no real need to ask for validation. You've already told them to get stuffed, the debt is time-barred. ASSet won't validate anyway, they do nothing but play games and for a debt THAT old they have NOTHING to prove you owe anything.