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  1. #1
    Join Date
    Mar 2012

    Default Did I Reset My Statute of Limitations on My Credit Card Debt

    My question involves collection proceedings in the State of: Michigan

    I received a call from a collection agency this morning, informing me that I had an old credit card bill with the last payment made in 1999. The credit card in question was one my ex-husband and I had, and after my divorce, I thought I had successfully paid off all my debts. I told them that I wasn't aware of any unpaid credit card bills, and they said they had been mailing me statements every month, and it turns out they were sending them to an old address, so I gave them my correct address. Not wanting to owe money, I agreed to make payments, but then they wanted my bank account information or debit card numbers, and I refused to give them out. I told them I would be happy to mail them my payments but they would not give me an address and said the only way to process the payment was to do it their way. I wasn't about to do it and told them I wanted to do some checking to see if this was a valid request, and asked that they call me back later in the day. At any rate, my father and my sister both said the SOL was expired and I didn't need to pay it, but a friend told me, by agreeing with them to make a payment, I had acknowledged my debt and that the SOL could be reset. (The phone call was recorded). Is this correct? If I need to pay it, I certainly will, but it's for almost $1,000 and its money I could certainly use.

    What I want to know is if I should pay this or tell them to quit contacting me, and if I need to pay it, there certainly has to be a way to do so without giving out my account information. Right?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Did I Reset My Statute of Limitations on My Credit Card Debt

    It's up to you - either pay it or tell them to stop contacting you. If they sue and you raise a statute of limitations defense, the judge will decide whether or not your statements as recorded constitute a novation of the debt. I'm skeptical that a collection firm calling on a 13-year-old debt is going to rush to court, though - odds are they're a junk debt buyer trying to collect expired debts that they purchased for pennies on the dollar.

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