Re: Collection Attempts Past Statute of Limitations
what is or isn't on your credit report is meaningless as far as this goes. Credit history can be reported for 7 years from the time it went delinquent. That doesn't mean it is reported that long or at all. It is simply the legal limit it can be reported. There is no obligation to report something either so, due to all of that, it is not a dependable source with which to determine if the debt has gone beyond the SOL.
The debt fell off of my credit report a couple of years ago and my understanding is that credit card debt stays for 7 years further validating that the debt has passed the SOL.
so you don't think you would have accrued considerable interest in the ensuing 8+ years?
I also received today a letter from the same collection agency saying that I owed over $2,000 and they offered 3 options for repayment - 2 of which offered a discount option - very nice of them. The credit card originally had a $500 credit limit which I was never near.
A statute of limitations is a great defense, if applicable. The problem is; there are actions that can toll, or pause, the running of the clock. If you left the state, that would likely be one. Have you left the state in the last 8 years for any length of time?
Anyway, it does sound like a junk debt buyer has purchased the account and it attempting to collect on it. If it is truly beyond the SOL, it's your choice what to do. Obviously you do not want or intend on paying the debt you incurred. You can either respond to the CA or ignore them. It's up to you. If they initiate a suit, you need to be sure to file a response claiming an SOL defense along with any other defense you may have.
You can send them a cease and desist demand. Once you do that, they are not allowed to contact you again unless it is to notify you you are being sued. You can also simply tell them you have no intention of paying the debt. It causes the same restrictions on the collector.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.