To check the Statute of Limitation (SOL) use the link below,
http://www.bcsalliance.com/y_debt_sol.html
After the SOL has expired, you no longer have a legal obligation to pay the bill. The collection agency, however, can attempt to collect from you forever banking on your ignorance of the law.
If a collection agency decides to sue you after the SOL has expired (oh, yes they will do that), you must answer the summons in order to avoid a default judgment against you. Use the SOL as an affirmative defense and the lawsuit should be dismissed.
If you dispute the validity of the bill, send the collection agency a "Debt Verification Letter". Also, inform them that you are aware of your rights as a consumer and that you know that the SOL has expired.
Hope this helps.
2007-12-10 09:09:49
·
answer #1
·
answered by Ti 7
·
0⤊
0⤋
You need to talk to the social security office, and someone who deals with identity theft. But to answer your question it's ten years. You have ten years to pay off your student loans. If the bill is not yours but the SS# matches, then either the student made a mistake, or you are a victim of identity theft. You should call the school from which the loans are attached and find out the name of the student that your SS# is attached to. You also should call your bank and credit card companies to find out if there are any bogus charges and dispute all charges including this loan through your bank, and the loan company. I don't know if there are lawyers or credit counselors who specialize in identity theft, but you may want to find out and talk to someone.
2007-12-10 08:58:35
·
answer #2
·
answered by dg2003 5
·
0⤊
1⤋
First, pull your credit reports from the 3 bureas & see if the bill is on there. Trans Union, Equifax, Experian. If it is, dispute it w/ each burea based on the fact that the law states it can only stay on your credit report for 7 years. As for the debt, they can chase you forever. However, by law you have the right to tell them not to call you. Tell them not to, get their address, put it in writing. Exercise your rights!
2007-12-10 09:30:20
·
answer #3
·
answered by windybreeze 3
·
0⤊
0⤋
The Statute of Limitations (SOL) in PA is 4 years. So this debt is definitely beyond the SOL. If this isn't your debt, send the collection agency a cease and desist letter (certified mail, return receipt requested). Simply tell them it is not your debt and to never contact you again. Check this: http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
Chances are the collector will sell the account off to another collection agency and you will have to send another cease and desist letter.
2007-12-10 10:45:31
·
answer #4
·
answered by bdancer222 7
·
0⤊
0⤋
After ten years, I would think the Statutes of Limitations in most states have expired. That, however, does not prevent them from making attempts to collect. You need to ask for valid proof that the debt is yours. It's up to the person claiming the debt to validate it.
2007-12-10 08:55:18
·
answer #5
·
answered by acermill 7
·
0⤊
0⤋
there is a 7 year limit unless they have a judgment they would also need to renew the judgment by now.
remember collection agents are like id theft rings the more you gife the more they take
2007-12-10 09:32:13
·
answer #6
·
answered by Curtis R 4
·
0⤊
2⤋
I was not aware there was such thing as a statue of limitations. Is this statue of limitations you speak of kind of like the statue of liberty. What does one look like? What is said statue made of?
2007-12-10 11:55:05
·
answer #7
·
answered by justin c 2
·
0⤊
2⤋
Let them sue you. Let them take you to court. Let them show you and the Judge the documentation. Let them prove it. If they cannot, then you can sue them for damages, etc.
2007-12-10 08:57:18
·
answer #8
·
answered by Anonymous
·
0⤊
0⤋
There is no statute of limitations on debt collection. I'm not sure how you would fight it if it's not your debt though.
2007-12-10 08:56:08
·
answer #9
·
answered by Emanon 6
·
0⤊
3⤋
Check here, it is pretty right on
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
2007-12-10 10:01:17
·
answer #10
·
answered by Anonymous
·
0⤊
0⤋