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shanny06978

Junior Member
What is the name of your state? FL

Last night, Asset Acceptance called me. The lady acted like a friend of mine, so I was handed the phone by mistake. Anyways, she told me that a credit card debt opened in 1996, I received the card in 1998 and never made a pamyment on is still with in the statute of limitations in Florida. They claim that I made a payment on 6/30/99 which is not true. I am not proud of this, but I NEVER made a payment. (I can pay them back in small amounts but I am scared to restart the SOL clock! I never applied for the card, I was an application that was apparently tied into my UIC college I.D. system, I think. I got it when I was a broke kid with a baby and completely irresponsible!) Then she proceeded to say "I see you recently applied for credit with blah, blah, blah..." She told me it was her business because I owe her money. How can she find this out and is it legal? It seems like an invasion of privacy, but who knows. She even knew information that was on the app, or claimed to (But it was just where I work which they already knew). Then there was a claim made about another debt. I asked for validation of both some time ago and I received "validation" of one but not the other and she kept insisiting it was sent. I never even I find it hard to believe I receive correspondence for one debt but not the other! So I guess my questions are:
1. Is the SOL indeed expired? I believe so
2. How and can tehy get information about me requseting credit? How can I rebuild credit without applying!
3. What about those "missing letters"?
Long one but thanks for the help!!!!
 
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G

guest.

Member
1) If you can argure and win that a credit card (open account) is not a written contract, the account is past SOL. If you lose that argument, they have about 2 weeks to file. In some states a payment without bringing the account current does not reset the SOL. www.creditboards.com
2) They pulled your credit report. Get a copy and you will probably find their nose in it, most likely experian. At the above web page you will also find some pointers in rebuilding your credit.
3) I wouldn't sweat the letters unless they file before their time is up. If it isn't already at an attorney's office, I doubt they can file in time.
 
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JETX

Senior Member
The CORRECT answer to your question is.... that the applicable SOL in Florida has expired.... even if their claim of a 6/30/99 payment was correct.

The FL SOL for an 'open account' (a credit card IS an open account), is four years. So, if you add that period to their claim of payment... the SOL on this debt would have expired 6/29/03!!!

My suggestion... do NOT pay them a dime!! Simply, send them a very nice letter (certified RRR) letting them know that YOU know the SOL has expired... and that any attempts to collect, report or litigate on the expired debt will be a violation of law... and you will file a lawsuit against them.
 
G

guest.

Member
JETX is correct, however, collection agencies on a daily basis file time barred lawsuits on "open accounts" using the written contract statutes of limitations as their basis. In that case, you will need to be able to show the judge that they are wrong. Correct answers, facts, and laws often make no difference to a collection agency.
 
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JETX

Senior Member
And if a creditor does file a lawsuit against a debtor which is time-barred (as an 'open account'), but the creditor is claiming it is a 'written contract' (with a longer SOL), the debtor only has to show that a credit card IS an 'open account' as set by the FEDERAL TIL (Truth In Lending Act).

It is a common 'ploy' used by unscrupulous debt collectors.... but one that is fairly easily defended against.

In fact, do a search of this forum for "Truth in Lending" and you will see LOTS of posts on this subject.... with links to specific parts of the TIL.
 
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shanny06978

Junior Member
Thank you very much for the help. I really appreciate it! I don't think that they are lawyers. It is Asset Acceptance. I found a web site listing the worst collection agencies (the one's who most often break the law and use snakey tactics) and they are among the worst.
 
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shanny06978

Junior Member
That's the one I was looking at! It really helps to ease your mind when you know exactly what thse people are up to. :eek:
 
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