How to deal with collection agencies trying to collect after the statue of limitation has past?
Portfolio Recoveries is a bottom=feeder of a collection agency that is trying to force me to pay on a debt after the statue of limitation has passed. This repo bill came way out of left field meanign aI did not know it exist. But it has been over 10 years. Any suggestions? I do not want to turn back the clock on this and these scum bags have now raided my credit report.
"But it has been over 10 years" They can legally try to collect forever. The SOL has passed for them to sue and win (you still have to show up in court). The time period has also expired for them to report to the credit bureaus. This takes away any power they have to encourage you to pay.
Dispute the negative entry with the reporting agencies.. Send the collector a certified letter with return receipt stating that this is not your debt, it is too old to report even if it was your debt per the FCRA and to cease contact about this alleged debt as is your right per the FDCPA. If they don’t comply, file a complaint with the FTC and try to recover the penalties.
BTW: I wouldn’t pay a dime on a debt over 10 years old.
They can still try to collect but cannot take legal action against you unless you start to pay them and thus "reset the clock."
Don’t know what you mean by "raided your credit report", but if the original default is over 7.5 years old, it should not show there.
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"But it has been over 10 years" They can legally try to collect forever. The SOL has passed for them to sue and win (you still have to show up in court). The time period has also expired for them to report to the credit bureaus. This takes away any power they have to encourage you to pay.
Dispute the negative entry with the reporting agencies.. Send the collector a certified letter with return receipt stating that this is not your debt, it is too old to report even if it was your debt per the FCRA and to cease contact about this alleged debt as is your right per the FDCPA. If they don’t comply, file a complaint with the FTC and try to recover the penalties.
BTW: I wouldn’t pay a dime on a debt over 10 years old.
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Is it a lot of money involved? Sometimes they will just accept a lump sum?
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Another person trying to avoid payment on a debt that is rightfully his.
They are not scum bags, they are trying to force you to honor the commitment you made when you signed the credit agreement. They could say the same about you as your attitude borders on dishonesty
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You still owe the debt. The SOL only means that you can’t be sued for it. They can continue to try to get payment by other means. It will stay on your credit report as unpaid, which is true. Only a settlement or a court action will satisfy it.
Note: Not all debt is covered by the SOL & the time frame differs by state & type of debt. Get verification of the debt before you do anything else.
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