Statute of Limitations Up, But Sent to Collections

minasmom · #1 06-30-2009, 06:44 PM

My question involves collection proceedings in the State of: WA

I had a credit card that the statue of limitations was up 2/09-it fell off my credit. Today I get a letter from a collection agency regarding the debt-the standard "unless you dispute this within 30 days blah blah" letter.

Should I ignore it? Can they re-report it to my credit under this collection agency?

kinesis · #2 06-30-2009, 07:16 PM

ok how it works is, there is a certain period of time for debts to where the creditors (the ones you owe money to) can seize your bank accounts, and garnish your wages with a court order. this is a Statute of Limitations. If it has expired for that particular debt, they have lost all rights to force you to pay, which means, you can tell them to **** off basically lol. they have no legal recourse to collect from you. they may harass you so you'll have to change your number though. NEVER UNDER ANY CIRCUMSTANCES ACKNOWLEDGE A DEBT'S EXISTANCE or the statute of limitations timer RESETS TO ZERO!!!! if they are on the phone asking do you know about such and such a debt or getting you to acknowledge its existance just hang up and avoid them. then again though this only applies if you are still in the SOL period...

divemedic · #3 06-30-2009, 07:20 PM

I think you are confusing the running of the reporting period under the FCRA with the SOL. When was the last time you paid on this card?

Also, send them a dispute letter ASAP, and send it certified mail with some sort of delivery confirmation. Keep a copy of the letter and the confirmation. This will preserve important rights that you do not want to lose.

minasmom · #4 06-30-2009, 07:24 PM

The last time the card was paid on was probably prior to 1/2002. The last reporting date on it was 2/2002 and at that point it was 120+ days past due. My ex was supposed to pay for this, never did then he ended up filing bankruptcy on it.

I will send them a letter tomorrow disputing it.

divemedic · #5 07-01-2009, 10:09 AM

that is what I thought. You are confusing the SOL with the reporting period. The limit for reporting is 7 years plus 180 days. After that time, a delinquent item cannot be reported to your credit. The SOL in WA is 8 or 10 years, depending on the account.

minasmom · #6 07-01-2009, 10:45 AM

Isn't it 6 years? http://www.fair-debt-collection.com/SOL-by-State.html#48

divemedic · #7 07-01-2009, 12:02 PM

Sorry. Eyes got crossed, looking at WY. You are correct.