How long can they collect for?

[WantToBeDebtFre]

I know that there is a statute of limitations for the creditor to report to the credit bureau but how long can a collector try to collect the debt (by sending letters and calling)?

My husband was a victim of identity theft when he was 18. He had his wallet stolen with his driver's license and social security card. The person who stole it opened consumers, telephone, and cable in his name. They also bought a car. This all happened in 1996-1997 and he was able to get everything taken care of except the car. I met him in 1999 and tried to help him get the car off his credit report, reason with the collection agency, etc. We were never able to do anything about it so we just left it alone.

It's no longer on his credit report but just within the last few months we have an attorney's office calling our house and now they've sent us a letter still trying to collect this debt. I talked to the collector last night and he said it's from a car purchased in 1997.

What can we do? My husband never owed this car but I've tried disputing it before, to no avail. I know we could just ignore it because I don't think they can sue at this point but is this ever going to be over?

(by the way, my husband it not part of the bankruptcy I just filed)

[wingnut]

Which state?

Hey,

Which state are you in currently?

In what state did the ID theft occur?

DO NOT give them any $$$, to do so might "reaffirm" the debt?

Are there any judgments against him?

Although every state has it's own SOLs, usually 10 years is more than enough time for the SOLs to run their course.

I've seen charts which display the SOLs for consumer debt, judgments, etc. for each state. If I find one again I'll post it here. I'm surprised it's not a sticky!

[wingnut]

Chart

Here is a chart that hopefully shows accurate SOLs by state:

State
(in years)

Oral
Agreements

Written
Contracts

Promissory
Notes

Open
Accounts

Alabama 6 6 6 3
Alaska 6 6 6 6
Arizona 3 6 5 3*
Arkansas 3 5 6 3
California 2 4 4 4
Colorado 6 6 6 6
Connecticut 3 6 6 6
Delaware 3 3 6 3
D.C. 3 3 3 3
Florida 4 5 5 4
Georgia 4 6 6 4
Hawaii 6 6 6 6
Idaho 4 5 10 4
Illinois 5 10 6 5
Indiana 6 10 10 6
Iowa 5 10 5 5
Kansas 3 5 5 3
Kentucky 5 15 15 5
Louisiana 10 10 10 3
Maine 6 6 6 6
Maryland 3 3 6 3
Massachusetts 6 6 6 6
Michigan 6 6 6 6
Minnesota 6 6 6 6
Mississippi 3 3 3 3
Missouri 5 10 10 5
Montana 5 8 8 5
Nebraska 4 5 6 4
Nevada 4 6 3 4
New Hampshire 3 3 6 3
New Jersey 6 6 6 6
New Mexico 4 6 6 4
New York 6 6 6 6
North Carolina 3 3 5 3
North Dakota 6 6 6 6
Ohio 6 15 15 -
Oklahoma 3 5 5 3
Oregon 6 6 6 6
Pennsylvania 4 4 4 4
Rhode Island 15 15 10 10
South Carolina 10 10 3 3
South Dakota 6 6 6 6
Tennessee 6 6 6 6
Texas 4 4 4 4
Utah 4 6 6 4
Vermont 6 6 5 6
Virginia 3 5 6 3
Washington 3 6 6 3
West Virginia 5 10 6 5
Wisconsin 6 6 10 6
Wyoming 8 10 10 8


Well, it didn't copy over so well.

Good Luck,

WINGNUT

[magyar123]

Thanks for the lising, Wingnut. Can you also please explain the difference between "written accounts" and "open accounts" ?
What are credit cards considered as?
I suppose a car loan is a written account.
What about hospital/doctor charges that the insurance doesn't pay?

Thanks

[jp2861]

Giving them money won't reaffirm the debt. It may reage the SOL date, but it won't reaffirm it. Either way, don't pay them anything until you know exactly where you stand.

They can continue to make attempts to collect forever. If you're lucky enough to last the length of the SOL you can use that as a defense if they try to sue you. Debts don't just go away, they just become uncollectable.

If, in your case, the SOL has run out I wouldn't worry too much about it. Other than being a pain in the ass they can't do much. If the SOL has expired get something in writing to prove it and send the lawyer or whoever is trying to collect a copy. They aren't stupid and won't try to sue you if they know it's a dead debt. The reason they continue to attempt collection is because alot of folks don't know their rights and pay when they really don't have to.

[WantToBeDebtFre]

I live in Michigan. So they're not breaking any laws by attempting to collect a debt that's past the SOL, correct? They're just not going to be able to sue or list on credit report. I told the guy on the phone that this debt is too old and he's not going to be able to collect on it (besides the fact it's not our debt). He just said -How am I going to tell him to do his job. He knows how to do his job. Then he hung up on me.

[GoingDown]

I live in Michigan. So they're not breaking any laws by attempting to collect a debt that's past the SOL, correct? They're just not going to be able to sue or list on credit report. I told the guy on the phone that this debt is too old and he's not going to be able to collect on it (besides the fact it's not our debt). He just said -How am I going to tell him to do his job. He knows how to do his job. Then he hung up on me.

It's way past the SOL. Don't waste your breath trying to talk to them on the phone.

Just send them a letter that says:

"I dispute the validity of the alleged debt. The alleged debt is obviously beyond the Statute of Limitations for any lawsuit and for credit reporting. I demand that you cease and desist from any further communication with me regarding this alleged debt."

Once they get that letter, they will probably stop contacting you immediately because they will know that you aren't stupid and you know your rights. They are counting on people being ignorant about these issues and voluntarily paying debts that are so old that there is no way they can force you to pay them.

[WantToBeDebtFre]

It's way past the SOL. Don't waste your breath trying to talk to them on the phone.

Just send them a letter that says:

"I dispute the validity of the alleged debt. The alleged debt is obviously beyond the Statute of Limitations for any lawsuit and for credit reporting. I demand that you cease and desist from any further communication with me regarding this alleged debt."

Once they get that letter, they will probably stop contacting you immediately because they will know that you aren't stupid and you know your rights. They are counting on people being ignorant about these issues and voluntarily paying debts that are so old that there is no way they can force you to pay them.

I'm going to send them a letter that states exactly that. Thank you!

[emoney]

With most CC accounts you agree that venue is in the state of thier choce. Most CCC have venue in Nevada or South Dakota because those state have a long SOL. This is why CITY Bank move to SD when the governor worked to have their law changed to favor CCC.
Regards,
emoney

[JollyGG]

With most CC accounts you agree that venue is in the state of thier choce. Most CCC have venue in Nevada or South Dakota because those state have a long SOL. This is why CITY Bank move to SD when the governor worked to have their law changed to favor CCC.
Regards,
emoney

People keep saying this. However the statue of limitations in SD is not that long compared to other states. It's seven years. They are in SD due to an advantagous tax structure for them and no usary laws. They can charge whatever interest they want to. That's why Citibank, Wells Fargo, and Premier Bankcard, and several others are all based out of SD.