How long can the debt collectors go back

[kev7554]

Brother was contacted today by bcs debt collection they said he owed 160.00 to them that first north American national bank just sent this to them it is from a card that was open in 1994 and last payment was made January 2000. My brother asked for it in writing.

Why would they wait 11 years to collect and my brother was under the impression they were paid in full years ago. So my main question is if it's legitimate does he have to pay after this long? Thanks in advance

[HHM]

1. probably not legitimate.
2. debt collectors can try to collect a debt no matter its age, the law only really prevents them from suing to collect the debt after a certain amount of time, usually 3-6 years.

Sounds like a zombie debt collection agency, report them to your states Attorney General Office and ignore them.

[kev7554]

Ok thanks for the info so far. My brother also in the mail today received a letter from Bureau Of collection Recovery LLC same people who called. Letter states that the original loan was from first north american national bank like they said but the creditor is listed as Jefferson Capital Systems. Should he ignore or should he send letter requesting them to validate the debt? The problem is that they dont have his phone number the phone number they keep calling is my mothers and she is annoyed

[shark66]

Have your brother send them a "cease and desist" letter and be done with them.

Good luck.

[disconapper]

I had a similar situation, just recently received a bill from GMAC for a car that I had almost 7 years ago. I had not heard a peep about this until now; I have since had two different cars (and loans). The letter they sent was an offer to settle the debt for less. On my credit the loan was listed as paid in full. I traded in that particular car for another. I'm assuming GMAC did not get their full amount in the trade. In any event, I have listed that debt in my Chapter 7, just in case.

[frogger]

Have your brother send them a "cease and desist" letter and be done with them.

Good luck.

That's the ticket. The debt is out of stats so you can't be sued. It is past the time frame to be reported on your credit report, so there is no way that this can hurt you.

C/D and tell them to pound sand.

[treehugger1]

You can be sued for a debt that is beyond the SOL. The statute of limitations is a defense that can be raised in your answer to the summons. The SOL will not guarantee you won't be sued. It is the defendant's responsibility to raise the SOL defense.

[frogger]

You can be sued for a debt that is beyond the SOL. The statute of limitations is a defense that can be raised in your answer to the summons. The SOL will not guarantee you won't be sued. It is the defendant's responsibility to raise the SOL defense.

Let me re-state what I said above. You can't loose a suit that is filed when the SOL has ran out (unless you ignore it). Thank you for correcting me.

Still... send them a c/d and tell them to pound sand.

[GoingDown]

Have your brother send them a "cease and desist" letter and be done with them.

Good luck.

Yes, send them a cease and desist letter.

Never acknowledge the debt in the letter.

Just simply say the following in the letter....

Your Name
The address they already have for you.
The phone number they are already calling (if they are calling).

[do not give them any other information]

"I demand that you cease and desist from any communication with me."

[do not sign the letter-- so they will not have your signature on anything]



Then send it by regular mail to their address. If they phone calls don't stop in a few weeks, then send another one by certified mail, and that will probably get them to stop.


Remember to keep a copy of the letter for your records.

If they continue to call, start recording their telephone calls, if you choose to answer the phone when they call, or better yet, just hang up on them.