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A collection Agency called me for a rental due on me almost 5 years ago. It is about some cleaning charges on the aparment I was living in. I took over the lease from somebody so they have his as well as my name on the collection. They are threatning me now since they see property in my credit history that I have a home.
My question is Can they call me for some charges where they have a mix up of names and that too after almost 5 years. What is the legal time frame for them to get in touch with me after the debt is due. I guess they just overtook the account and are looking at some old files.
How can I resolve the issue. Please let me know.

2007-03-26 11:21:43 · 4 answers · asked by harvinder71 1 in Business & Finance Credit

4 answers

Look first thing you SHOULD do is to find out what the Statute Of Limitations (SOL) in your state are for such a debt. Most states this debt is already outside of SOL which means that the debt is time barred from collection. Yes they can call. Yes they can beg and plead, however if they ever do sue you then you have an affirmative defense.

Yes a request for Debt Validation is also crucial way to head this off. It makes them show you something - like a bill - or something solid that you owe said debt. However if they can not prove you owe said amount you have yet ANOTHER affirmative defense in case of a lawsuit. Furthermore include provisions to no longer contact you until they can provide proof is an instrumental way to start racking up FDCPA violations against the Collection Agency.

Read Here:
http://www.creditinfocenter.com/rebuild/debt_validation.shtml

This said collection agency is most likely a bottom feeding entity who's sole goal is to seperate you from your money any way that they can.

Check out Bud Hibbs site, he ranks collection agency's - this is one GREAT indicator on whom your dealing with.

Here:
http://www.budhibbs.com/

Furthermore take the initiative and learn about your credit and how to defeat this. Two great FREE sources:

Credit Info Center
http://www.creditinfocenter.com/

Credit Info Center Forums (ask anything they will help)
http://www.debt-consolidation-credit-repair-service.com/forums/

Good luck.

2007-03-26 12:01:06 · answer #1 · answered by B-Rad 2 · 0 0

First off, they have seven years from the day the debt was first incurred. Not the day they took over the account, the day the debt was first incurred.
Secondly, you have thirty days to dispute the debt. Write the creditor, and demand a "five day letter". After initial contact with a debtor, they have five days to mail this letter. Insist in the letter that you want a copy of the original bill. If they don't satisfy you that you do indeed owe the debt, contact all three credit bureaus and the creditor and inform them you are disputing the debt as outlined under the FAIR Credit Reporting Act. Google the FAIR Credit Act and you can find a copy of your rights.
If you do indeed owe the debt, and don't want to slog it out, write them and agree to pay the debt if they delete it off your credit reports with all three bureaus.

2007-03-26 11:33:29 · answer #2 · answered by Anonymous · 0 0

If you know you owe someone money, why don't you just pay up. Even this is 5 years ago, someone had to pay for the cleaning charge, and no one else should be paying for what you were suppose to. Why don't you just pay the money. That way, you don't have to worry about it anymore.

2007-03-26 11:29:50 · answer #3 · answered by Pluto 3 · 0 0

If your name is on the lease, then you are responsible for the money that is owed. As long as you still owe the money, they can try to collect it. It really doesn't matter how old the debt is.

2007-03-26 11:27:41 · answer #4 · answered by YSIC 7 · 0 1

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