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  1. #1
    Join Date
    Mar 2019
    Posts
    1

    Default When Will a Credtior Sue You Over Your Unpaid Debt

    My question involves collection proceedings in the State of: Florida

    PayPal credit charged off my account in Sept of 2017. They told me they could not accept my $1000 payment because they charged the account off the day before and it was going to be sold. After 9 months of not hearing anything I called them. The in house collections department proceeded to tell me that I had sent a "cease and desist" to them therefore they were never able to sell the account. she said, " we are not going to pursue this, the debt is old." she said unless I removed the cease and desist they wouldn't do anything with it. she said I could remove it and allow it to be sold or I could make payments by debit transactions, but they wouldn't be able to send receipt of payment because of the CD. Or I could do nothing!

    The Balance is 4k, its been two years since I made a payment, they were calling about 10 times a day so I sent a letter asking them to stop, apparently that triggered the CD. There's been nothing reported to my credit report. So here's where I'm at do I remove the CD and let it go to collections, Do I pay half to PayPal by debit with no receipt of my payment, or do I wait until they decide to sue and then pay the amount? How long do they typically wait to file a suit? and why would their in house collections say they aren't going to pursue it?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,661

    Default Re: Debtor Cannot Sell Due to Cease and Desist when Will They Sue

    Quote Quoting Tifmor32
    View Post
    So here's where I'm at do I remove the CD and let it go to collections, Do I pay half to PayPal by debit with no receipt of my payment, or do I wait until they decide to sue and then pay the amount? How long do they typically wait to file a suit? and why would their in house collections say they aren't going to pursue it?
    This is not legal advice, just a personal observation.

    It's up to you, but you might consider doing nothing and paying nothing.

    The statute of limitations for a lawsuit is 5 years if PayPal's terms of service can be construed as a written contract that you agreed to, otherwise it's 4 years. Whether they sue you or not is up to them and there is no way of anybody predicting whether they will or not.

    It's not on your credit report so there is no harm there.

    If you remove the C and D and it goes to collections, that will go on your credit report.

    If you pay anything the SOL starts all over again. FL statute 95.051 (f):

    http://www.leg.state.fl.us/Statutes/.../0095.051.html

    You have somehow managed to FUBAR their system enough to get you off their radar. That they've written it off and say that they won't pursue it - maybe you should just accept that for now.

    As for that receipt business, DUH, if you send them a check, you keep a copy of the check and that's your record of payment and later you can get a copy of the cancelled check from the bank. Might even be able to get it online like I just did with my bank.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Debtor Cannot Sell Due to Cease and Desist when Will They Sue

    I agree,I would just ignore it for now. Put the $ aside if they sue and try work out a settlement,if it comes to that.

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