Collection Attempts Past Statute of Limitations

**timeexpired** · 08-03-2012, 05:46 PM

My question involves collection proceedings in the State of: Georgia

I had a credit card 8+ years ago and I am all of the sudden receiving calls and letters in regard to the debt. I have not used or made a payment on the card in over 8 years and my understanding is that the statute of limitations in Georgia is 4/6 years on credit card debt. 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.

I missed a call several weeks ago that did not leave a message so I assumed was a wrong number but missed another call from the same number today so I looked up the number on-line and got a thread of complaints about a publicly traded Virginia collection agency. 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. The letter includes the credit card company name and an account number and states that the collection agency purchased the debt in July 2011.

The letter further included that if I did not reply within 30 days disputing the validity of debt that their office will assume the debt is valid. They further say in the letter that if I notify their office within 30 days of notice that I dispute the validity of debt or any portion thereof that there office will obtain verification of debt or obtain a copy of a judgment and will mail me a copy of verification or judgment. This debt has obviously passed the SOL - do they have any legal grounds to continue collection action of any type - legal, phone or via mail? If so - what do I need to do? If not - what do I need to do?

Any guidance would be greatly appreciated!!!

jk · 08-03-2012, 05:56 PM

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.

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.

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.

so you don't think you would have accrued considerable interest in the ensuing 8+ years?

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.

**timeexpired** · 08-03-2012, 06:11 PM

Thank you for your reply.

Irregardless of the credit reporting I have made no charges or payments for over 8 years. Yes - I am sure there is interest and misc. late charges etc. accrued. I have always lived in Georgia. Based off of that I am well past the SOL. Are there other actions that can toll, or pause, the running of the clock? If I ignore the CA - I assume their calls and letters will continue so I would prefer to send them a cease and desist demand letter - do you know of a sample letter so that I can include all necessary information and cover all bases? Also - assuming they go away do they have the right to resell the debt so that I will have this same problem down the road? Assuming it has passed the SOL do they have any other recourse once they have received a cease and desist letter?

Thanks again!!!

jk · 08-03-2012, 06:13 PM

do you know of a sample letter so that I can include all necessary information and cover all bases?

My name is XXXXXX XXXXXX

your account number XXXXXXXXXXXXXX

You have contacted me regarding a debt. This is notice to cease and desist all contact with me.

Have a great day

XXXXXXXX XXXXXXX

Also - assuming they go away do they have the right to resell the debt so that I will have this same problem down the road?

If they resell it and you are contacted by the new owner, send them a cease and desist demand.

Assuming it has passed the SOL do they have any other recourse once they have received a cease and desist letter?

the can either toss the account in the trash, attempt to sell it to somebody else, or sue you. If they sue you, be sure to file a proper answer/response.