Help on a 10 yr old debt..they're trying to collect!

[heth28]

What is the name of your state? WI

Hi I live in Wisconsin and this morning I recieved a phone call from a collection agency saying that I owed a hospital in WY 1800.00. I haven't lived in Wyoming for 10 years. I'm assuming this is leftover debt from when I gave birth to my 11 year old daughter, but I'm not sure....it's been so long.
Anyway, this call came out of the blue and the lady tells me that I need to hurry and pay because it's about to go to litigation. I told her that seemed strange to me since it's been 11 years and I hadn't heard a thing! The last activity on my account was June of 95. How are they going to sue me? What will they do? I am not working. Will they go after my dh? I've only been married to him for 6 years and none of this is his fault. I'm scared because I don't have the money right now and I barely remember this debt! How will they sue me from another state?

 

[cmorris]

What is the name of your state? WI

Hi I live in Wisconsin and this morning I recieved a phone call from a collection agency saying that I owed a hospital in WY 1800.00. I haven't lived in Wyoming for 10 years. I'm assuming this is leftover debt from when I gave birth to my 11 year old daughter, but I'm not sure....it's been so long.
Anyway, this call came out of the blue and the lady tells me that I need to hurry and pay because it's about to go to litigation. I told her that seemed strange to me since it's been 11 years and I hadn't heard a thing! The last activity on my account was June of 95.

**The statute of limitationsis 10 years. It will run out in June of 2005. You still have a few more months until you are in the clear.

How are they going to sue me?

**They may or may not sue you.

What will they do? I am not working. Will they go after my dh? I've only been married to him for 6 years and none of this is his fault.

**No.

I'm scared because I don't have the money right now and I barely remember this debt! How will they sue me from another state?

This debt is so old, I doubt they actually have verifiable proof that you owe this debt. Send the collection agency a letter, certified mail return receipt, asking for proper validation as required by the Fair Debt Collection Practices Act. Mention to only contact you by mail.

Since this is their first contact with you, you should receive something in writing within 5 business days. By sending the vaildation letter early, you protect your rights the best way possible. They won't have much of a case against you if they can't provide the validation necessary.

Personally, I wouldn't worry unless I was served.

Also go to creditboards.com--there's lots of valuable information there.

 

[racer72]

The SOL in Wyoming is 10 years, don't be surprised if they still have proof. As lots of folks find out, often just before the SOL expires, someone suddenly starts active collection of an apparently dead account. The only bright spot for you will be if a Wyoming judgment can be used against you in you in Michigan. There are lots of variables, don't be surprised if they find some way to get your money.

 

[Ladynred]

She's not in WYOMING, she's in WISCONSIN. SOL is 6 years AND its illegal to attempt to collect or sue on a time-barred debt.

 

[heth28]

I live in WI but the debt originated in WY............so which SOL applies?
Does anyone know?

 

[Ladynred]

Use the one for the state you live in NOW. IF you are sued, 99% of the time they will sue where you live now and only those laws will apply.

 

[JETX]

And now..... for an ACCURATE answer

The SOL on a written agreement (most medical debts are 'closed-ended credit contracts') is:
Original venue, Wyoming: 10 years
Current venue, Wisconsin: 6 years.

The problem you have is.... the creditor can chose either of the above (or a specific venue if in the agreement).

And if they choose the original venue of Wyoming, since you are no longer in that state, the SOL doesn't expire. Wyoming statute:
1‑3‑116. Absence from state, abscondence or concealment.
If a cause of action accrues against a person when he is out of the state, or has absconded or concealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state or while he is so absconded or concealed. If after the cause of action accrues he departs from the state or absconds or conceals himself, the time of his absence or concealment is not computed as a part of the period within which the action shall be brought.
Source: http://legisweb.state.wy.us/statutes/titles/title01/chapter03.htm

And contrary to the opinion of others.... the creditor can sue under the Wyoming statute.... in your current state of Wisconsin.

Bottom line..... looks like the SOL could be valid on this one.

 

[cmorris]

And now..... for an ACCURATE answer

The SOL on a credit card debt is:
Original venue, Wyoming: 8 years
Current venue, Wisconsin: 6 years.

It's a medical debt, not revolving. So, how does that change your answer for the OP?

 

[JETX]

It's a medical debt, not revolving. So, how does that change your answer for the OP?

Sorry, my error!!! (and damn embarrassing considering my 'comment'!!). I have gone back and edited my post.

 

[cmorris]

Sorry, my error!!! (and damn embarrassing considering my 'comment'!!). I have gone back and edited my post.

It happens to everyone at some point--especially when you have over 25,000 posts!

 

[Ladynred]

the creditor can chose either of the above (or a specific venue if in the agreement).

Yes.. they can, but its not that common that they DO it ! What WI judge is going to know ANYTHING about WY law ?? As I said, 99% of the time they're going to sue where they can FIND you and where you LIVE and rarely do they try to enforce a foreign state's laws in these kinds of cases.

While the SOL COULD be valid, that does NOT preclude your using the WI SOL to defend yourself.

 

[heth28]

Thanks Jetx! I appreciate the info. My main problem right now isn't so much with the SOL as it is with the fact that this collection agency refuses to send me anything in writing. I've never received, nor knew of this debt until 2 days ago. It is not on my credit report. I will not give my credit card number over the phone or send cash via western union until I get something in writing. Interest of nearly 800.00 dollars has accrued on a debt that I didn't even know about or know that had gone to collections.
I take care of my responsibilities........I just want my transactions concerning money to be in writing. I don't understand the fight with this.

 

[JETX]

Yes.. they can, but its not that common that they DO it !

Actually, not terribly uncommon at all.

What WI judge is going to know ANYTHING about WY law ??

They don't have to know anything about WY law. All that MIGHT happen (and even then, only IF the defendant raises the SOL issue) is to provide the statute.... just as I did.

As I said, 99% of the time they're going to sue where they can FIND you and where you LIVE and rarely do they try to enforce a foreign state's laws in these kinds of cases.

And as I said.... far more common than you think.

While the SOL COULD be valid, that does NOT preclude your using the WI SOL to defend yourself.

Yep. See above.

 

[JETX]

My main problem right now isn't so much with the SOL as it is with the fact that this collection agency refuses to send me anything in writing.

That is very common. Simply, their job is to keep the obligation on you.... and agreeing to provide something on your verbal request, when it isn't required, isn't in their 'book'.
Send them a 'validation letter'. A good sample can be found at: http://www.creditinfocenter.com/forms/

I don't understand the fight with this.

It is really simple. Request validation in writing. If they don't provide it (and they might not), then they can't do anything until they do. If they do provide it, then return here with the information and we will try to help.

 

[JETX]

Thanks Jetx!

Please don't forget to thank Ladynred. Though she and I occasionally 'cross swords', she does an excellent job on this forum and others.