last week, my sister got a phone message from a collection company trying to collect a debt from over 10 years ago. Is that legal?
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Last edited by MSH; 08-26-2009, 02:30 PM. -
Yes, they can try and collect on a 40 year old debt if they want to.
If it is past the SOL in her state (which I assume it is), just fire off a cease and desist letter to them.
If for some reason they ever decide to file a suit the SOL is an affirmative defense. -
It depends on the state she lives in now and which state she lived in when the debt occurred.Originally posted by MSH View Post
Tell your sister to send the collection company a certified, return receipt letter requesting that they send her copies of the original signed document that proves the debt is actually hers. Junk debt buyers don't have this kind of documentation sitting around, although they are supposed to in order to collect on the debt.
Once they receive the letter, chances are that's the last time she'll hear from them.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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Originally posted by MSH View Post
Did she leave one State and move to another State? Depending on the State, the Statute of Limitations may have stopped.
Did she ever live outside the United States? That can stop the SOL's.
Even acknowledging the debt verbally in some States can reset the Statue of Limitations.Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17Comment
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Unless you file BK, debts never really die, they just stop getting collected on for a while.
filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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She is past the statue of limitations..... and haven't heard from them in awhile too. Probably saw that she was cleaning up things she currently owed on.
So, if it drops off the credit report at 7 years... and the statue of limitations is up. What do they think is gonna happen?Last edited by MSH; 08-27-2009, 05:22 PM.Comment
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Originally posted by MSH View Post
A lot depends upon your State's laws and how much you become aware of your rights.Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17Comment
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