Credit collection and SOL question....?

Question

I live in Utah and the SOl is four years for revolving accounts. I have two collectors--one from 11 years ago and one that has no date on my credit report and has not verified the debt per requests. I know both debts are over 4 years old since the date of last activity. They cannot attempt to collect now right? I had one call today and threaten to sue (yeah right) and said that my current address was from 12 years ago, yet she called me at my mother's phone number. Neither of these companies can collect now right? I had one two years ago file suit against me with my affidavit "answers" already filled in for me--needless to say I crossed all those out and filled in NO to everything. Never heard back from them again.

The reason I am asking is that I only have 4 things on my credit report. The one mentioned above with no dates attached, one current in good standing, and two closed accounts. All of which is due to drop off next year. How can they attempt to collect now?

Answer 1

The statue of limitations is the time period allowed to take legal action. Once this time period has passed, they can STILL try to collect...but they've lost the power to take legal action. At this point they can just call/write and that's all....many aggressive collectors will try to scare you with bogus threats...which many people fall for.

All you need to do is send a "cease communication" letter and that will stop the calls per the Fair Debt Collection Act....See link below

Be careful....some collection agencies have been known to tamper with credit files to make the debt appear to be recent....Also, they will post bogus payments on credit files to re-start the statue of limitations....So watch out for these things.

Answer 2

First: You are getting the calls because someone is picking up the phone and dialing. It may be illegal, but that doesn't mean it doesn't happen. If there is money to be had, some people will go after it, even if it means crossing lines. Check with you state attorney general or similar consumer protection office on your rights and what you can do about harassment.

Second: The Statute of Limitations is about suing you for a bad debt. It has nothing to do with your credit report. If you didn't pay, then there will be an unpaid bill on the report for seven years, whether the creditor can sue you or not.

Answer 3

They can try to collect even after the SOL has run out.
1) Ask for a copy of the original debt (so you can verify it)
2)Read the Fair Debt Collection Act (it is on the web)
3) Send a cease and desist with a "return receipt request)
This is a green card. They person has to sign and date the
card so you know who and when it was picked up.
4) Next time they call, ask for a supervisor, and read to them
the FDCA that pertains to phone call/threats and then read
them the SOL information.
5) Inform them that next time they call, you will contact the
Better Business Bureau and report them.