Anyone having issues with creditors calling you about credit cards used from at least 10 years ago?

Question

A couple months ago, I received a call from a debt collector regarding a card that I haven't used in 10 years wanting to collect on a balance that I was told back then was written off (from the credit bureau) due to my illness at the time. I was literally in shock. Not sure what to do about it since I no longer have the card or any statements since it's been 10 years. Please Help if you know of anything I can do. Thanks!

Answer 1

It is past the statute of limitations. They cannot collect.

The statute of limitations is different in every state but the longest one I know of is 6 years.

Basically, just tell them you don't owe it. There is not a thing they can do about it. After the statute of limitations runs, they cannot get a judgment against you so the bill is noncollectable. The reason they call people after 10 years is that most people don't realize this and if they can get anyone to agree to pay them even a dollar, the statute of limitations starts all over again.

Do not give them money. Do not agree you owe it. Do not tell them you will pay them anything.

Tell them you do not owe it. Period. Tell them the statute of limitations has run on it and tell them not to call again.

Go to the FTC website and look up your rights under the Fair Credit act.

These collection agencies purchase old debt, most of it is actually uncollectible but if they can get someone on the phone and rake them over the coals for about 10 minutes, and get them to agree to settle the debt because the person doesn't know their rights and that they really don't owe it, they will and they make money doing it.

If that debt is 10 years old, it is no longer on your credit report. If you pay them a dollar, you have just renewed the debt and it will go back on your credit report for another 7 years. Go get a copy of your credit report from all three credit reporting agencies. (link below). If it's not on there, it's uncollectible as they drop everything off after 7 years anyway. Be careful what you say to them on the phone. In fact, don't even talk to them. Tell them to send it to you in writing because you're disputing it anyway and hang up. Those guys are total jerks and will do anything to get you to say you owe it so they can renew the debt.

Answer 2

If it has been around 10 years since you first became 30 days late and never brought the account current leading to the charge off you may be past the collecting statute of limitations (SOL) on that account.

You would definately be past the reporting SOL. If they place it on your credit reports it would be reaging the debt and illegal and MUST be removed.

Go to the site I've linked and look for the SOL under your state. Credit cards would be Open Acct's.
http://whychat.5u.com/States/states.html

If the collection agency failed to mail you a letter concerning the account within 5 days after the first call to you, that is also a violation.

Send the collection agency a debt validation letter. Send it certified mail return receipt. Do not sign the letter, initial it or just type your name in (signatures have ways of jumping onto other papers) Keep copies of everything.

IF you are out of the collecting SOL, when you receive a validation attempt from the collector or 35 days have passed since they signed the green card, whichever comes first, send them a SOL letter. You can find a SOL letter template on a link on the main page of the link I put in above.

You can also find sample validation letter templates on:
http://creditboards.com/forums

Both sites are totally free to read and use. The second site I've listed also has a credit forum where you can freely ask any questions you may have.

Answer 3

First thing to do, check your credit report. If it is on there, dispute it. If they refuse to remove it, then add a letter to your credit file explaining what happened. I would not pay it. It is over 10 years old. And they told you that it was written off. Usually written off means that they sold it to someone else to try to collect but your case may be different. Either way, I wouldn't take another phone call from them. It is over 7 years, don't let it stress you.