Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default Contesting Fraternity Debt Sent To A Collection Agency

    My question involves collection proceedings in the State of: Pennsylvania

    Hi, I graduated college back in Dec 2002. Apparently during my last semester in school, I signed a promissory note with my fraternity saying I would pay $2000+ for owed moneys by december of 2004. Over the course of the next few years, my fraternity never contacted me to collect the debt, and I forgot about the owed money. In the ensuing years, the fraternity was be closed down and re-chartered, and the new members went looking through owed moneys in hopes of raising funds and found my promissory note. They claim to have sent me postal notifications to my address listed on my note from 03, however, I had moved multiple times since then(but my address is public record and my phone number has not changed). Since they did not receive a reply, they forwarded my debt to a collection agency. The agency then hit my consumer bureau report and have requested I pay the principle and an additional 33% for "collection fees". I would have had no issue paying over the last 5 years had I been given notice, but at this point, it seems absurd to take such action against me. Do i have any recourse?

    I know PA law says the SOL on collecting debt is 4 years, but is that 4 years from when the debt was incurred(12/02) or from when it was due(11/04). If the former, then they cant collect right? How can I fix my credit report then? If the latter, is there consequence in waiting for them to force collection before (11/08)?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Contesting Fraternity Debt Sent To A Collection Agency

    It's four years from the date of delinquency.

    If you weren't required to pay until November 2004, the clock has not run out yet.

    I'm not entirely sure the re-chartered fraternity has standing to collect, though. I've looked around and can't find a statute that would cover this. Have you talked to a lawyer?

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Contesting Fraternity Debt Sent To A Collection Agency

    I'm actually having a free consultation with a lawyer today. Lets see what he has to say. I'll report back.

    Although, I'm rather weary about legal representation if its not something with a high probability of winning. Last thing I want to do is append another $1000 in lawyer fees on top of what I owe.

    It might be a tough argument to make - that the fraternity closed down and reopened, hence its a different entity. It still carries the same name and chapter affiliation.

    1. Sponsored Links
       

Similar Threads

  1. Student Loans: Multiple Debt Collection Letters from the Same Collection Agency
    By dmez01 in forum Debts and Collections
    Replies: 2
    Last Post: 07-12-2011, 08:29 PM
  2. Debt Collectors: Harassment by Debt Collection Agency
    By KrystaxBelle in forum Debts and Collections
    Replies: 3
    Last Post: 08-06-2009, 02:35 PM
  3. Debt Collectors: Debt Collections With Collection Agency
    By vickifab in forum Debts and Collections
    Replies: 4
    Last Post: 07-06-2008, 07:45 PM
  4. Debt Collectors: Collection Agency Reporting Old Debt
    By bronzeone in forum Debts and Collections
    Replies: 4
    Last Post: 06-09-2008, 09:10 AM
  5. Debt Collectors: Collection Agency Going After Old Debt
    By geminiconnie in forum Debts and Collections
    Replies: 3
    Last Post: 04-06-2007, 09:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources