Fifteen-Year-Old Debt

Elect · #1 03-26-2007, 04:22 PM

I received a phone call claiming to owe Sears in excess of 1000.00. The alleged debt is from 1992, I live in Connecticut. I thought the phone call was a scam I'm not sure it isn't. Today I received a letter from ERSI who apparently bought the alleged debt from Cardinal Fin. Group. The letter did not come certified, just regular mail..

Since that time, I bought a home and took out a home equity loan on the property. At no time did this Sears bill show up in a credit report. The lenders went over my and my wifes credit throughly.. In all honestly I do not recall owing Sears anything. Furthermore, wouldn't Sears have taken action long ago if this were a valid debt?

I find it hard to believe that Sears forgot about this. In any event, since this doesn't seem like all out attempt to collect the alleged debt or it is a scam, I was wondering if a C&D letter was even warranted?

I appreciate any insight into this issue?
Thank you
Elect

mcraig79xy · #2 03-26-2007, 06:04 PM

Even if the debt was valid it would have to be way past the statute of limitatons. I dont know what it is in CT, but most states are 4 to 6 years. I would just ignore it.

Elect · #3 03-27-2007, 10:14 AM

Thank you for your quick reply.
I have a nagging suspicion this may be a scam. If it were a legitimate debt and ERSI bought it, wouldn't they send this letter certified to ensure I received it?
A few more questions please. Why would Sears not place a negative mark on my CR and/or go for a Judgment back in 92 if in fact his was valid? Furthermore, could it be possible that Sears issued a CC to someone using my SS#? That's what this debt is?

Thanks for your time and effort

GreatGadsby · #4 03-27-2007, 04:47 PM

1.If it were a legitimate debt and ERSI bought it, wouldn't they send this letter certified to ensure I received it?

nope. they don't care if you get it. they're not required in court to prove that you ever got it. only that they had procedures in place to mail it.

2. Why would Sears not place a negative mark on my CR and/or go for a Judgment back in 92 if in fact his was valid?

if they had put it on your CR, it would have fallen off in 1999.

junk debt buyers pull this crap all the time. they buy the debts for pennies on the dollar and send out letters. enough people send in money without questioning it to make it a profitable enterprise.

Elect · #5 03-28-2007, 07:15 AM

Thank you.
I'm humbled by the advice given and contained within these forums.
I appreciate your responses on my behalf. Furthermore, your effort to make this forum what it is, is unsurpassed by your dedication to the law and helping others who would have nowhere else to turn.
A sincere thanks,
Elect.

Elect · #6 04-04-2007, 04:11 PM

This "person" is insistent. He's calling all hours of the day and leaving messages then a few days later he calls at 8:00 pm. A few days after that it's 5:30 pm. I'm waiting for him to call late at night. I keep asking that he not contact me anymore.. Would it be prudent to mention the next time he calls that I feel this is a scam and the SOL has expired on this alleged debt? I would think he knows this.
He's becoming a PITA. I think that's the strategy, harass me enough till I send a check, right? Whether the original debt was valid or not..

aaron · #7 04-04-2007, 05:56 PM

Assuming this outfit is a collection agency, have you tried instructing them not to contact you?

CalLawstudent · #8 04-06-2007, 08:54 PM

Quoting aaron

Assuming this outfit is a collection agency, have you tried instructing them not to contact you?

You're right. I'd do this instead of just ignoring it, I would also explain in the letter that the SOL has run and if any remarks are on my CR, I would file a complaint in my county court.