I had a call from a debt collection computer that asked me to return the call to a number and it announced that is was a collection call. I had no idea what this was about so I thought it was an error. I returned the call and the man said "hello and then he asked me if I remembered a debt from 15 years ago." I responded "that was ancient history" and hung up on him. Did I reset the statute of limitations by responding to his question?
I did not negotiate with him or argue the debt it was literally that short and simple. But it could be seen as an acknowledgment that I knew what the debt was. I was wondering if the statute of limitations is reset in the state of CA if you acknowledge the debt over the phone opening up the potential for a fresh lawsuit. This debt fell off my credit reports years ago. I have been on google all day and this is called a “scavenger collection”.
I got the info at : http://www.bcsalliance.com/y_debt_sol.html
I could definitely use some advice on this.
2007-04-30 15:40:02 · 9 answers · asked by Anonymous in Business & Finance ➔ Credit
Like the others said, no.
You did not re-set the collecting SOL by speaking to the collector or by what you said to the collector
I don't know of any state where the collecting SOL can be re-set simply by speaking to a collector.
Some states do allow the collecting SOL to be re-set, if an agreement to pay is done "in writing"
In California once the the account is closed (charged off) there is "no" SOL re-setting.
Keep an eye on your credit reports in case they place it on there.
If you know who they are, send them a SOL letter that not only informs them, in writing, that the account is past the collecting SOL, but also contains a cease and desist.
Do not sign the letter, print your initials or just type your name in.
Send it certified mail return receipt.
2007-04-30 17:22:42 · answer #1 · answered by echo 7 · 0⤊ 0⤋
I've seen this question come up a lot.
In order to reset the SOL there must be a "volation" of the old agreement. That means some sore of agreement between you and the creditor to acknowledge the debt and agree to pay it.
I've seem people who say just send a check for $5 and write "paid in full" in the memo portion. If it's cashed then they have to write off the debt. Sorry, this won't word, as no joint agreement was ever reached. But by cashing the check, they have now reset the SOL, so the plan backfires on the debtor.
Play it safe. There is no law that demands that you ever have to talk to a collection agent. So do not call them. Always send communications in writing, and never sign them..just type in your name.
In this case, send the collection agent a "cease and desist" letter. If you are lucky they will keep pestering you, and you can sue them for $1000.
2007-05-01 20:09:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are not obligated to pay this debt. A company bought old debts and will try anything to make you pay it. If it is over so many years old they can't make you pay it and they can't re-set the debt. I had the same problem when trying to buy a house, old debt new company if it is off your credit report it is essentially dead. All this if explained in the Fair Debt Collection practices site online. It explains everything that is legal and what isn't. You have recourse against that company for "scavenging" you. Check your credit report and make sure they didn't put it back on. You can add explanations on your credit report if you couldn't work out arrangements on any of your accounts. If info is wrong they have to take it off.
2007-05-01 00:02:09 · answer #3 · answered by wench381 1 · 0⤊ 0⤋
I doubt that you reset the statue of limitations though
I do not know what state you live in but even then
it is highly unlikely that you reset it. Kentucky has the longest
statute of 15 years so if you live there it would be possible.
Just looked at your link, yep Kentucky.
I think that you could make a case of plausible deny ability
making any statement, did he say death? Oh debt sorry
I must have mis-understood.
If you have an address send the jerk a letter, tell him the
statue of limitations has long ago expired and not to
contact you any more or you will sue him for harrasment.
2007-04-30 22:54:31 · answer #4 · answered by justgetitright 7 · 0⤊ 0⤋
Hello, NO but you should send them cease and desist letter. If they continue to call you after they recieve it you can sue them for up to 1000.00 per violation. There are many places to get these letters. the best I found is listed below but they have been having problems with there site and only have limited info as of yesterday. also check the others I have listed.
Good Luck
2007-05-07 18:39:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unless you respond in writing, via a check or other admission, the phone conversation meant nothing - you could have said that you thought he said "doug from 15 years ago", and that you had a falling out with that friend, hence the ancient history.
2007-04-30 22:45:09 · answer #6 · answered by Anonymous · 2⤊ 0⤋
no you didnt reset the sol. they are trying to scare you into paying that old debt.
having the same probems with some old medical bills that was my ex when we were married 6 years ago. God bless and dont pay those scavengers anything.
2007-05-08 19:29:23 · answer #7 · answered by tennessee 7 · 0⤊ 0⤋
I recently ran across something about this when I was doing research after my debit card number was stolen. I ran across an article somewhere that said it only re-sets if you make some kind of agreement or pay some on it. So the person above me is right.
2007-04-30 22:48:41 · answer #8 · answered by Kacky 7 · 1⤊ 0⤋
No you did not. If you make a payment...that will reset the statute of them being able to sue you again. but acknowledging it does not do a thing.
Dont worry about it.
2007-05-01 01:18:07 · answer #9 · answered by smile4cobra 3 · 0⤊ 0⤋