My question involves collection proceedings in the State of: Kansas
I am getting calls from a collection agency about a cc debt of 400 something (originally 200 something) that they said they'd settle with me for 110. I pulled credit reports and last activity was 05 and is scheduled to continue on record until 2012. I'm not sure if this debt is legitimately mine. If it's for what I THINK it's for it may have been a case of fraud that I had let slide way back when because I had other bigger things going on in life. so I'm definitely going to send off a letter to have them validate the debt. Maybe the debt is for something else legitimately mine...i just don't know (i did stay firm with the collector that it was not mine) If there's any other suggestions on what to do to find more out about this account please share!
The cc was set up in SD, the debt MAY have occured in Ill when i lived there for a year or it may have occured in Missouri when i lived there for a few years (don't know if that matters where it was incurred). My current residence is kansas and has been for a little over 3 years. I have no idea what SOL I would go by? I don't have any of the paperwork from wells fargo (the original creditor) to see what the contract says and I tried calling the ks attorney generals office and they gave me some statutes to look up which I'll include at the end of this. I don't understand any of it to be honest.
I've not answered any of the calls besides the first one I got and they've been calling 3 times a day. (i've NEVER got any letter from them). the collections guy said something to me about the SOL and that he knows in illinois it's 10 years so i would have ways to go yet for that. If it's for KS I believe it's a sol of 3 years, ill is 10 years, mo is 6 and sd is 6 (i think). If I can't get it validated the way i need to or if it is a valid debt I would really like to know which sol to go by for peace of mind and I have no idea how to know or find out for sure. I'd have a year to go for mo and sd, i'd be out of sol for ks and would have 5 more years to go if it's ill. Would appreciate any insight!!
here are the two statutes the lady at the attorney generals office told me to look up....
60-512: Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing. (2) An action upon a liability created by a statute other than a penalty or forfeiture.
History: L. 1963, ch. 303, 60-512; Jan. 1, 1964.
AND
Statute 84-3-118: Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.
(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.
(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.
(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.
(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (1) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (2) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for indemnity or contribution, an action (1) for conversion of an instrument, for money had and received, or like action based on conversion, (2) for breach of warranty, or (3) to enforce an obligation, duty or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues.

