Should I Pay a Debt I Owe if It's No Longer on My Credit Report

My question involves collection proceedings in the State of: Georgia.

Hi All,

My girlfriend has a credit card debt from early 2000s. She was served with papers a week ago showing the debt principle was 2k and interest is 2k for a total of 4k debt. We just pulled her credit report, and the report shows that the item will expire (or be removed) from the report NEXT MONTH (April 2013).

What are her options? Can she simply ignore the served papers and not pay anything? Should she contact their lawyer and try to start to arrange payments? Should she hire a lawyer or debt consolidation agency to reduce the amount of interest?

She is trying to get on track with good credit. My thinking was to pay back the debt completely, but if the 4k is not "needed" to be payed back due to the statute of limitations, maybe it would not be the best action?

I work in IT, so I pretty much have no idea what I'm talking about, so apologies if I am misusing any terminology.

Please advise. Thank you for your time.

If the plaintiff gets a judgment, the judgment is going to appear on your girlfriend's credit report.

Thanks for the response, although I am not understanding what your advise would be. I pulled the credit report a few days ago, and that was a few days after she was served. According to the papers, if not responded to in 30 days a default judgement would be applied. Is that what you are referring to? If so, what would be your advise?

If your girlfriend does not want to have a default judgment entered against her, she should not default.

If she does not want a judgment on her credit report, and she has no plausible defense to the lawsuit, she should negotiate with the plaintiff to pay an amount they find acceptable to dismiss their lawsuit and close their collection case. That may be 100%.

an unpaid judgement would take a wrecking ball to her credit, if she wants to still have good credit 3 weeks from now, this has to be dealt with, preferably privately with the creditor rather than in court since any judgement against her even if paid would show up on her credit report.

I would fight it. It appears to be beyond the statue of limitation. If it is, they cannot sue you.....If the creditor has waited too long to sue you, you must raise this as a defense in the papers you file in response to the lawsuit. If you can prove that the debt is older than the statute of limitations, then you will not have to pay it. If the creditor or debt collector knows that the statute of limitations has expired on the debt and still sues you, it may have violated the federal Fair Debt Collection Practices Act (FDCPA).

However, a statute of limitations does not eliminate the debt -- it merely limits the judicial remedies available to the creditor or collection agency after a certain period of time. A debt collector may still seek voluntary payment of an old debt even though the law cannot force you to pay it. n recent years, aggressive debt collectors have begun trying to enforce debts that are barred by the statute of limitations. They buy these debts from original creditors for pennies on the dollar, so they make a tidy profit when they collect anything.

Some of these debt buyers use aggressive tactics when they try to collect on time-barred debts. According to media reports, they abuse and harass debtors and try to trick debtors into reaffirming debts so that the statute of limitations begins anew. The most important thing is not to say or do anything (whether on the phone or in a letter) that in any way acknowledges that you owe the debt. Acknowledging the debt or making even a token payment can extend or revive the statute of limitations in some states.

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Quoting johnb123

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I would fight it. It appears to be beyond the statue of limitation. If it is, they cannot sue you.

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Yes, they can. The SOL merely provides a defense to any suit.

(I'm truly not being picky - but they can, and very well might, sue)

I'm sure they can TRY and sue, but that will cost them money and they'll lose, because of the SOL.

Only if the debtor actually raises the issue.

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Quoting johnb123

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I'm sure they can TRY and sue, but that will cost them money and they'll lose, because of the SOL.

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they can try and sue? Did you read the original post? She IS being sued.

He said "She was served with papers a week ago showing the debt principle was 2k and interest is 2k for a total of 4k debt. "....what papers? Is there a judgement against her? Or is it pending? She can still bring up the SOL and get any judgement thrown out, if there is a judgement.

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You should have 30 days to answer. Send them a letter for "Debt Validation". You can find examples online. They have to prove they own the debt. Many times, collections efforts will stop if they cannot respond.

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=johnb123;696196]He said "She was served with papers a week ago showing the debt principle was 2k and interest is 2k for a total of 4k debt. "....what papers? Is there a judgement against her? Or is it pending? She can still bring up the SOL and get any judgement thrown out, if there is a judgement.

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I'll give you the pertinent section:

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She was served with papers a week ago showing the debt principle was 2k and interest is 2k for a total of 4k debt. We just pulled her credit report, and the report shows that the item will expire (or be removed) from the report NEXT MONTH (April 2013).

What are her options? Can she simply ignore the served papers and not pay anything?

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Unless the OP uses the term "served" for something other than in reference to service of a suit, she received the complaint and summons last week. That would mean there is no judgment, yet.


and no, you cannot bring up the SOL after a judgment has been entered and have the judgment thrown out. Your time to defend the claim is when sued. If you fail to assert the SOL properly and at the proper time, you lose that defense.

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You should have 30 days to answer. Send them a letter for "Debt Validation". You can find examples online. They have to prove they own the debt. Many times, collections efforts will stop if they cannot respond.

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a debt validation demand in response to a suit? Dumb move. They only have to prove the debt in court. They are likely to ignore a debt validation letter, unless of course they want to lull the OP into ignoring the suit and hoping they will not respond to it. That makes an easy win for the plaintiff.

The time in which the debtor can and should raise the SOL argument is during the original suit. Not once the judgment has been awarded.

You DO understand what "debt validation" means, right? :confused:

The OP said she had been served. Served with what? Is it a letter of intent to sue? He did not mention any court date or anything involving the court. There is no mention of any judgement.

Before the statute of limitations expires, you can be successfully sued for amounts owed. Once it runs out, a suit can be initiated, but it will be thrown out of court if you make it clear that the debt is “time barred,” or older than the statute of limitations.

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Quoting johnb123

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The OP said she had been served. Served with what? Is it a letter of intent to sue? He did not mention any court date or anything involving the court. There is no mention of any judgement.

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as I said, the term "served" is generally reserved for when a person is referring to having been served a complaint and summons (being sued). There is no reason to "serve" a person unless they are being sued. Up to that point, letters and such would simply be mailed and as such, received by the person.

and not mentioning a court date means what other than they didn't mention a court date?

Experian reports on its website in 2011 that "court records are updated periodically" and that credit bureaus move quickly to add information to credit reports told about judgment. People receiving could judgments should expect the information to show up on credit reports within about 30 to 60 days or even sooner.

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Quoting johnb123

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Experian reports on its website in 2011 that "court records are updated periodically" and that credit bureaus move quickly to add information to credit reports told about judgment. People receiving could judgments should expect the information to show up on credit reports within about 30 to 60 days or even sooner.

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...what's that got to do with the price of cheese?!

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Quoting johnb123

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Experian reports on its website in 2011 that "court records are updated periodically" and that credit bureaus move quickly to add information to credit reports told about judgment. People receiving could judgments should expect the information to show up on credit reports within about 30 to 60 days or even sooner.

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good. Now we know how quickly a judgement could show up on the OP's GF's credit report if she ignores the summons and the plaintiff is awarded a default judgment.

You are correct in the OP's gf needs to respond to the suit with an SOL defense and any other possible defense she might have. It appears it is possible the SOL has run but without more information, it is impossible to say for certain. If she fails to respond with an SOL defense, she could lose her opportunity to assert that as a defense.

Just have wait and see if the OP adds more information. Being "served' has to be defined. It could mean several things.

Hi all, first of all, thank you for the responses and advise, I really appreciate it.

I may not know how to respond to your question, but let me give you some more information that may help: a guy (not police) in an SUV came to our door and asked if Jessica lived there (we should've said no maybe, in retrospect) we said yes, he gave us the papers. The papers have a stamp that said "served by Jerry L***". There are about 5 papers stapled together, and the front sheet has in the upper right corner "filed by Cobb County Court on May 2011" or something like that. If you need the exact verbiage, I can provide that when I get home.

Strange thing is most of the dates throughout the papers have that May 2011 date, except for one very small stamp on the front sheet that has the date that he actually gave us the papers, March 5 2013.

About midway down the page, in a block quote has a lawyer's office, address, and number. These are the people that own the debt I gather.

I did not see anywhere where it explicitly said she is being "sued" but then again there could have been synonyms used that I am not familiar with.

I am completely out of my element with anything legal, and for some reason I can't comprehend even simple legal language:wallbang:. So if you can explain like I'm five, I may be able to provide better information.

Let me know if you need any exact information from the papers, and I will reference them.

Edit: I also want to add that we pulled her credit report AFTER she was served papers, and there is no judgement. The papers mention if not responded to in 30 days, a default judgement would be issued....so it seems there would be no judgement against her until April 5.

The judgement has not been entered yet. Research "Debt Validation". They have to validate the debt. This usually stops any collection effort. If they do respond, make sure they respond with the right proof. Many times debt collectors give you the wrong information. There is a proper way of validating the debt. Do not, at this time say or do anything that would appear you owe the debt. If they cannot prove they bought the debt, you don't owe them anything. Do not get fooled into phrases like "You have a moral responsibility". This is a legal issue, not a moral issue. You do have to respond within 30 days. Research on how to respond. There are right and wrong ways. Don't give they any personal information, or any information on your financials. Give only what is required by law. Do not admit to anything. You don't know if they own the debt. They have to prove it.

Thank you for that advise, I will look into "debt validation" letters. However, I believe my girlfriend has already spoken with these lawyers that want to collect the debt on the phone, and she may have admitted that she owes the money. She did mention the call was recorded. Assuming she did acknowledge that she owes the money, would a debt validation letter still be the best course of action?

Edit: she may have been "tricked" by the people on the phone to admit that she owes the debt. If this admission was recorded, could we still write a letter asking for debt validation/proof?

Demand they validate the debt anyway. They still have to prove they own the debt. Make sure they validate it legally, many debt collectors do not validate properly. The original creditors, don't give debt collectors the information needed to validate the debt. Debt collectors pay pennies on the dollar for old debts. You can Google for information on "What if I've admitted to debt collector I do owe the debt"....enter phrases like this. You'll find stories on people who have done the same thing, and how it was handled....I just found this, it's for Texas, but check for your state...."Admitting the debt is yours does not reset the statute of limitations on the debt. The junk debt collector will try to say that it does. Texas law does not read that way and judges have not interpreted it that way."...also make sure you send "Return receipt request" from the post office for anything you send to them. You want proof you sent the debt validation letter"

Thank you very much for your advise, and I will research a bit more on the subject. I'm feeling better about this and think we may go ahead and demand they validate the debt. I really appreciate the responses.

Edit: I just want to make sure one thing: say that we mail them a Debt Validation letter and have the return receipt request also. Now, if they do not respond to this after 30 days, will they still be granted the default judgement? Could they say that we never contacted them?

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Quoting suitepee

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I may not know how to respond to your question, but let me give you some more information that may help: a guy (not police) in an SUV came to our door and asked if Jessica lived there (we should've said no maybe, in retrospect) we said yes, he gave us the papers.

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So, you were served legal documents by a process server. I'm not one who would suggest lying, but as you note it's too late for that anyway.

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Quoting suitepee

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Strange thing is most of the dates throughout the papers have that May 2011 date, except for one very small stamp on the front sheet that has the date that he actually gave us the papers, March 5 2013.

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It sounds like the case has been languishing for about two years, due to the plaintiff's inability to locate the defendant for service. That sometimes happens when the debtor has moved to an unknown address, and the plaintiff wants to get the case filed before the statute of limitations runs. We don't have the facts to do a statute of limitations analysis (something best done by a lawyer in your state, anyway) nor do we have access to the case history to see what happened between filing and service (with a small possibility that there might be something there to work with if there's a SoL issue) - if, for example, the case was at some point dismissed and reinstated or if the plaintiff has filed repeated extensions of the summons in order to get you served.

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Quoting suitepee

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About midway down the page, in a block quote has a lawyer's office, address, and number. These are the people that own the debt I gather.

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The law office described on a summons and complaint is normally the attorney for the creditor. If you don't know who the creditor is, the plaintiff is identified right in the case caption as the plaintiff.

Here's a pretty standard summons form - the plaintiff is the person seeking the money; the defendant is the person alleged to owe the money; the attorney for the plaintiff is exactly that.

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Quoting suitepee

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The papers mention if not responded to in 30 days, a default judgement would be issued....so it seems there would be no judgement against her until April 5.

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Right. She needs to appear and defend (i.e., file an answer and raise any affirmative defenses (e.g., the statute of limitations) in a timely manner lest she default, or those defenses be deemed waived.

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Quoting johnb123

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The judgement has not been entered yet. Research "Debt Validation". They have to validate the debt. This usually stops any collection effort.

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If the claim is being pursued by the original creditor the FDCPA is inapplicable. If the lawsuit is not the first notice from a third party creditor or debt buyer seeking to enforce the debt, the 30 days for a request for validation started to run with the first notice and not with service of the lawsuit. Also, while a FDCPA violation can create a cause of action against a debt collector, it is not a basis to set aside a default judgment. Given how little we know about the case, your suggestion that the debtor can ignore the lawsuit for thirty days after sending in a request for validation is irresponsible.

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Quoting johnb123

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If they do respond, make sure they respond with the right proof.

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FTC has said indicated that validation need only confirm that the debt collector is pursuing the right person and the correct amount.

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Quoting suitepee

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Thank you for that advise, I will look into "debt validation" letters. However, I believe my girlfriend has already spoken with these lawyers that want to collect the debt on the phone....

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When was first contact?

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Quoting suitepee

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Edit: she may have been "tricked" by the people on the phone to admit that she owes the debt. If this admission was recorded, could we still write a letter asking for debt validation/proof?

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It's unlikely that the oral discussions are legally significant. They also would not change her right to seek validation from a third party debt collector within thirty days of first contact (many debt collectors will voluntarily provide validation even after thirty days, but you don't get legal protections that follow a timely request). If you want comments on specific statements, you can consider asking her to tell you what she actually said.

"Given how little we know about the case, your suggestion that the debtor can ignore the lawsuit for thirty days after sending in a request for validation is irresponsible."....where did I tell him to ignore the lawsuit? I said, "They have to validate the debt. This usually stops any collection effort."

FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

By the way, a print out of the debt does not count.

Look online for examples of debt validation letters.

Thank you for your time and thought out responses.

Regarding first contact, I believe it was earlier in 2013, although not sure the exact date. This conversation she had on the phone was also when she revealed her current address, and how the process server was able to serve her. I've since told her to be careful about giving personal information out on the phone.

So, even if she did admit the debt (which I am honestly not even sure she did, I just want to be cautious), I see you confirmed I can still request debt validation. You say to seek the validation from the third party debt collector -- would I be sending this debt validation to the debt creditor's Attorney office whose address was listed in block quotes on the front page of the papers? If not, how will I obtain the debt collector's address to send the debt validation letter?

When I get home I will be able to better describe the papers and what exactly is said.

Thank you for quoting the portion of the statute that confirms that the FDCPA applies only to third party debt collectors, and that your suggestion has no relevance if this is a lawsuit by the original creditor. Again, even if we assume the FDCPA is applicable, contrary to your continuing suggestion that certain undefined hurdles must be crossed, the FTC has indicated that validation need only confirm that the debt collector is pursuing the right person and the correct amount.

Now back to the discussion?

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Quoting suitepee

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Regarding first contact, I believe it was earlier in 2013, although not sure the exact date.

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Assuming this is a third party debt collector, as previously indicated, the date matters. A validation request sent more than thirty days after first contact does not prevent further collection efforts pending validation.

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Quoting suitepee

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So, even if she did admit the debt (which I am honestly not even sure she did, I just want to be cautious), I see you confirmed I can still request debt validation.

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She can request validation any time she wants, from any person she wants. However, the FDCPA only requires validation before further collection action if (1) the plaintiff is a third party debt collector or purchaser of the debt from the original creditor and (2) the request is made within thirty days of the initial contact. There are specific requirements for what information must be disclosed by a third party debt collector in that initial first contact and, although it is possible to make those disclosures over the phone (and if it's recorded they're documented) it would be important to know what actually happened or if they followed up with a letter. Unless and until you provide the facts, we won't know them.

So: (1) Is the plaintiff the original creditor? (2) If not, is it a third party debt collector, or is it a junk debt buyer? (3) When and how did they first contact your girlfriend? (4) If they sent any letters prior to suit, when were the letters sent and (in general terms) what did they say? (5) If the only contact made prior to suit was by phone and the plaintiff is not the original creditor, what statements were made in relation to the phone conversation being an effort to collect a debt, and advising your girlfriend of any rights she had in relation to the collection of that debt?

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Quoting johnb123

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"Given how little we know about the case, your suggestion that the debtor can ignore the lawsuit for thirty days after sending in a request for validation is irresponsible."....where did I tell him to ignore the lawsuit? I said, "They have to validate the debt. This usually stops any collection effort."

FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

By the way, a print out of the debt does not count.

Look online for examples of debt validation letters.

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seriously dude, validation is irrelevant at this point. They are being sued. The creditor is not taking "collection activity" in filing a suit. It does not invoke the requirements of the fdcpa, even if it is applicable otherwise due to the plaintiff being a third party entity. You are likely to get the OP to be faced with a default judgment by playing around with this " request validation" crap. They need to respond to the suit. That is all they need to do. Then they need to either prepare for the suit or hope the SOL has actually run.

again, a suit is not a "collection activity" under the FDCPA so even if the plaintiff is a third party entity, it is not going to affect the suit.

There is an intent to sue. There's no court date, no mention of any judgement. Read the OP's second post.

There are circumstances in which the initial notice period and the window for default overlap, such that the request for validation can become relevant to the seeking of a default. For example, if the third party debt collector makes first contact on Feb. 1, then files a suit on Feb. 5, the collector should not seek a default before the thirty day period for a request for validation expires and, if a timely request is made, should respond before seeking a default. That type of situation rarely arises. Also, as previously suggested, a violation of the FDCPA may give the debtor a cause of action against the third party debt collector but it isn't a valid basis to set aside a default - so the safest practice as a debtor is to file a timely answer and affirmative defenses so as to avoid default or possible waiver of those defenses.

johnb, it's pretty clear that the debtor was served with an actual lawsuit. They have told us that the documents warned that the failure to respond in a timely manner will result in default - standard language for a summons. It's not a judgment, it's not an "intent to sue" - it's a lawsuit.

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Quoting johnb123

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There is an intent to sue. There's no court date, no mention of any judgement. Read the OP's second post.

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Ya, why don't you actually read what the OP posted:

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Edit: I also want to add that we pulled her credit report AFTER she was served papers, and there is no judgement. The papers mention if not responded to in 30 days, a default judgement would be issued....so it seems there would be no judgement against her until April 5

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he papers have a stamp that said "served by Jerry L***". There are about 5 papers stapled together, and the front sheet has in the upper right corner "filed by Cobb County Court on May 2011" or something like that.

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sorry but that means they are being sued.

They are GOING to sue, as I said... "There is an intent to sue." It's a lawsuit, they are taking her to court to SUE her. It appears we're splitting hairs at this point.

It is not "splitting hairs" to point out that you are making an incorrect statement, even if you believe yourself to be saying something completely different from what you are actually saying.

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Quoting johnb123

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They are GOING to sue, as I said... "There is an intent to sue." It's a lawsuit, they are taking her to court to SUE her. It appears we're splitting hairs at this point.

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an intent to sue means they woke up one morning and said to themselves;

I think I'll go down and file a suit against that deadbeat debtor


Filing the suit and having it served on the defendant means they are actually suing the person.


they ARE actually suing her as we speak. Once it gets into court, the suit will be tried, or heard and after that, a judgment rendered.

As I said, it's splitting hairs. :) by the way, not all debtors are deadbeats.

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Quoting johnb123

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As I said, it's splitting hairs. :) by the way, not all debtors are deadbeats.

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Is that your excuse for giving profoundly awful advice?

Sorry it took so long to provide the information:


(1) Is the plaintiff the original creditor?
No, the plaintiff is Cavalry Portfolio Services LLC as assignee of Cavalry Investments, LLC as assignee of BOA.

(2) If not, is it a third party debt collector, or is it a junk debt buyer?
I believe this is a debt collector.

(3) When and how did they first contact your girlfriend?
She called them April 2012.

(4) If they sent any letters prior to suit, when were the letters sent and (in general terms) what did they say?
No letters prior to suit.

(5) If the only contact made prior to suit was by phone and the plaintiff is not the original creditor, what statements were made in relation to the phone conversation being an effort to collect a debt, and advising your girlfriend of any rights she had in relation to the collection of that debt?
Since the phone conversation, there have been no communication with the attorney office pursuing the debt. She was apparently talking on the phone to the secretary, and did not admit any debt, only questioned why the amount was 4,000 instead of much lower. She also said the balance should have been only 600, but I'm guessing that was the original principle amount.



The plaintiff's attorney is Sherwin P Robin & Associates, PC.



Let me know if there is any more information I can provide.

Google "Cavalry Investments, LLC" and "Sherwin P Robin & Associates, PC." See how many problems this debt collector has had and how people have handled them. Learn about who they are and their tactics.

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Quoting johnb123

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Google "Cavalry Investments, LLC" and see how many problems this debt collector has had and how people have handled them. Learn about who they are and their tactics.

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of course that still does not address the fact OP (or girlfriend actually) IS being sued and if gf fails to respond to the suit, a default judgment will be entered against her. Getting a default judgment set aside can be done, for certain reasons but:


because some nameless guy on the internet said I should send a validation demand to the creditor and wait for them to respond before I do anything else.

is not a valid reason for seeking the judgment be set aside.

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(1) Is the plaintiff the original creditor?
No, the plaintiff is Cavalry Portfolio Services LLC as assignee of Cavalry Investments, LLC as assignee of BOA.

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that makes them a third party collector and as such, the FDCPA applies.

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(2) If not, is it a third party debt collector, or is it a junk debt buyer?
I believe this is a debt collector.

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unless it is the original creditor suing, the plaintiff is a debt buyer and not merely a debt collector. A company hired to collect debts does not sue the debtor in their own name. Any (valid) suit must name the owner of debt as the plaintiff. Since Cavalry is who is suing, presume they purchased the debt and the rights to sue.

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(3) When and how did they first contact your girlfriend?
She called them April 2012.

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She called them? Then they do not have to respond to a validation request.

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(4) If they sent any letters prior to suit, when were the letters sent and (in general terms) what did they say?
No letters prior to suit.

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again, if they did not contact her, they do not have to respond to a validation demand.

If she is concerned with keeping her credit history clear of this, her only options are to prevail in the suit (either in court or via a statute of limitations defense or if they feel their bluff is called and dismiss the suit due to their belief they cannot prevail) or to pay whatever the creditor demands to dismiss the suit. If she agrees to a stipulated amount, it will be recorded as a judgment against her. She has to get them to actually dismiss the suit, or win, to prevent this from becoming a judgment.