[sawtooth]

My wife and I have been in dispute over a certain credit card account for 4 years now. The original account was opened in 1995 with all of the charges being made in that year. The account had only $200 worth of charges made on it. It had my wifes old mailing address and her social security number on it. She was single at that time. A credit collection agency called her in 2002 and she did send them an initial payment thinking it was on another account. When I found out about this I began contact with the debt collection agency. After that we did not hear anything else. 2 years ago another debt agency contacted us about paying the bill. I told them that I did not do negotiations over the phone and send something in writing. They claimed then that they had. I asked if it was certified and they said that it was. That is when I asked for a copy of the signed receipt form and they said that maybe it wasn't. Today I received a call once again. She said that they had mailed me information and I had not responded. Once again I told them I had not received anything and to send it certified. She started to say that we had to settle this thing over the phone or I would be forced to pay the full amount which is now $2000. This company has not signature from the original card issue as well as any receipts from credit purchases. I have always contended that this was a case of stolen identity.

I have two questions.

1. Is the payment which my wife sent in 2002 hold me liable and am I now legally obligated to pay this bill?

2. The original charges are now over 10 years old. Isn't any debt not collected after 7 years voided.

This particular credit agency out of Atlanta does not sound very well organized. I couldn't quote a name since I have seen nothing in writing. I have caught them in 3 lies already. What are my options. How can they prove this charge is mine without any form of signature.

[sawtooth]

My wife and I have been in dispute over a certain credit card account for 4 years now. The original account was opened in 1996 with all of the charges being made in that year. The account had only $200 worth of charges made on it. It had my wives old mailing address and her social security number on it. She was single at that time. When we remarried she changed her Social Security number which flagged the account.

In 2000 she submitted payment to a new credit card company which had taken over her old account. When I found out about this I contacted the credit card company to dispute the charges. After that we did not hear anything else.

In 2002 I was contacted by First Select collection agency and began discussion with them. I submitted in writing that I wanted details of the account including copies of the original application form since I felt this was a case of stolen identity.

2 years ago another debt agency contacted us about paying the bill. (Steward and Associates) I told them that I did not do negotiations over the phone and send something in writing. They claimed then that they had. I asked if it was certified and they said that it was. That is when I asked for a copy of the signed receipt form and they said that maybe it wasn't. I filed a report with the FTC and had not heard another word. All along I have been asking for something with a signature to prove that this is our account and no one can provide that.

Today I received a call once again from Steward and Associates She said that they had mailed me information and I had not responded. Once again I told them I had not received anything and to send it certified. She started to say that we had to settle this thing over the phone or I would be forced to pay the full amount which is now $2000 and they would pursue legal action. They made the same claim in 2003. This company has no signature from the original card issue as well as any receipts from credit purchases. I have always contended that this was a case of stolen identity.

I have two questions.

1. Is the payment which my wife sent in 2000 hold me liable and am I now legally obligated to pay this bill?

2. Upon further investigation I have found that the Statute of Limitations for my state on open accounts is 3 years. Payment was made in 2000 so can I use this as a way to dismiss this debt?


This particular credit agency out of Atlanta does not sound very well organized. I couldn't quote a name since I have seen nothing in writing. I have caught them in 3 lies already. What are my options? How can they prove this charge is mine without any form of signature.

[aaron]

Was the payment in 2000 or 2002? That payment probably constituted a novation, so as to restart the statute of limitations.

[sawtooth]

Last payment sent to the credit card company was in 2000. Last payment sent to First Select (Debt Collector) was in 2001 over 4 years ago. Since the SOL on open account in my state of LA is 3 years can I use this to get the case dismissed if they pursure legal means?

The sad thing about all of this is that I'm not even sure if this is the debt they are trying to collect. I always tell them to mail me something but they insist they already have. I think if they were serious about possibly settling this they would atleast try to work with me. Their response is always we can settle this now over the phone or we will take you to court. I never do business over the phone without anything in writing. I don't even know if Steward and Associates is a legitimate legal entity.

[aaron]

I am not sufficiently familiar with Louisiana law to know how the payment to a collection agency would affect the enforceability of the debt. If you don't want to consult a local lawyer, perhaps you should try asserting to them that the statute of limitations has run and see how they reply.

[sawtooth]

That is how I plan to proceed. If they do issue me with a summons I will consult a friend of mine who practices law. Luckily I can afford the fees and I would rather his firm get my money versus this debt collector.

If the ruling is in my favor can I counter sue to cover any legal expenses I encountered?

[GreatGadsby]

if you can show that the collection agency violated the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, or potentially LA State law. you can sue them for the methods they've used to collect the alleged debt. i.e.: If within 30 days after this collection agency first contacted you, you requested (preferably in writing) that they "validate" this debt by proving that it's yours and how they came to the amount owed, they must cease all collection activity until they provide said documentation. this includes listing it on your credit report, calling you for money or sending any more letters demanding payment.