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Can't Find an Answer to a Question? Ask Us Here.(2) |
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Our first Q&A section of 2006 was getting to big.
If you can't find the answer to a question you have, then pose it here & we'll answer it here.
Sorry, but these are recorded as received. Therefore, responses to questions can be several comments away.
We strongly suggest that you sign-in before posing a question. In that way, we can PM you if there are questions we have. Our main goal is to get you the correct answer!
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Weird Situation with a Charged off accou
Written by KM on 2006-09-21 Hello. I have a question. During a review of my credit report in 2004, 2005 and 2006, I have noticed an account from GE Money Bank/GECC that was opened in 1995. After some research I have determined that the account is a revolving open ended credit card account from a retailer called Preferred Floors. I do not have any recollection of this account since in 1995 I was a college student living in a dorm in Austin TX and would have no need or money to pay for flooring.
In March 06, when reviewing my credit report, I noticed this account and it was being reported as transferred/closed/never late. Again, I didn't recall this account since I wasn't ever aware of opening such an account but after taking a look back at a credit report pulled in 2004, it showed this account with a status of paid/never late (was not reported as closed). Since I didn't feel that this account belonged to me, I decided to dispute this and any related other items. Before submitting my dispute to the CRA's, I sent a letter to GEMB and Arrow Financial Services (Assignee of GEMB), requesting that they validate the account by showing proof of ownership, payment history,etc. I request a response in 30 days but never received one. Next I submitted a dispute on GEMB in July 06 to state that the account wasn't mine. In response GEMB updated the account as transferred/closed/never late. During the same time, I disputed the collection account from Arrow Financial Services, Assignee of GEMB that reported a collection account as being opened in 2005 and past due with a balance higher than what GEMB reported.
Here's where things go bad. In response to the Arrow Financial Services dispute, Experian responded that it was verified. I sent a letter to Experian requesting that they describe how they verified the account and asked them to remove it since neither GEMB or AFS never responded when asked to provide proof of validation. Experian never responded. In an effort to validate the debt, I also called GEMB and AFS directly. When calling GEMB, I was referred directly to AFS. When calling AFS, asked for additonal information which they said was no longer available because it wasn't requested within the 40 days of the opening of the account. I don't know if this is a mistake or not but I mentioned that the account may have been fraudently opened by my other without my authorization and asked what settlement amount would be available should I decide to resolve the debt regardless of not receiving proof of ownership. As a result, they told me that I should file charges against my mom and that they would send a settlement letter if I wanted to settle. I was also accused of consenting to and being aware of the debt since it had been on my report and I was just now disputing. After the call, I decided to respond to the settlement letter by sending a letter via fax and US Mail (certified with return receipt) that the converation of that day in no way implied acceptance or ownership of the debt and that any and all statements were made in an effort to validate the debt and that all info would obtained or stated would be used for that purpose. In the letter, i also requested that AFS send certain items as proof positive that I owe the debt in 10 business days from receipt.
Here's the question, by talking to AFS is it possible that the statute of limitations will be reset even though I sent a letter confirming that I do not accept the debt as mine and that I am still disputing it and requesting proof of ownership? Also, how can the original account be legally transferred to a collector if the original account has been reported as closed/never late. Finally, let's say that the original creditor did report the account as a charge at some point. Is it legal for them to now report it as a positive item and transferred/closed/never late?
sorry for the long narrative but I just feel like something is wrong here. | Charge off Question No. 2
Written by KM on 2006-09-21 One more question while I'm waiting for my forum registration to be activated.
Can I collection agency attempt to collect an old debt where the original creditor either reports that the original account is paid and was never late or that the account has been closed and transferred but never late? It would seems to me that if the original creditor reported that the original account was paid and/or never late, there would not be a legal basis for collection and that type of activity should be removed.
What do you think? Thanks in advance. This site has been a tremendous resource. I will definitely donate. | Re: Weird Situation with a Charged off a
Written by jmalmberg on 2006-09-22 Based on your first posting, it sounds like you were consistent in disputing the account and that you never said that it was yours. If this is the case, you should be fine on the statute of limitations.
Some states allow the statute to be reset after you are contacted by a collection agency, but only if during the course of your conversations you admit that you were actually responsibe for the account that they are collecting on. This does not appear to be the case here.
With regard to your second question, it is illegal for a collection agency to try to collect on a debt that they know has already been paid. In this case, I'm not sure that they are convinced of this. Here are some things that I would suggest that you do.
1. If this account is not yours, then you may be a victim of identity theft or fraud. At some point you may have to decide to file a police report even if a relative is involved. If you determine that you have been victimized by your mother, I realize that this will be a tough decision. But it may be the only way for you to clear this mess up.
2. Investigate the collection agency. Do they have a lot of complaints? Have they been accused of fraud themselves? Are they licensed in your state?
Most collection agencies are reputable but there are a good number of shady operators out there too. If they are operating outside of the law, file a complaint with your state Attorney General. You may also want to get an attorney to contact them.
3. Continue to dispute the item on your credit report with the CRA's. There have been a couple of recent court rulings that have said specifically that the CRA's can't just say that they have no responsibility for the data they report. You should be prepared though. You may have to sue them to clear your name.
You may want to drop a note about your dilema to Denise Richardson. You can find her information in our contacts session. She has been through a series of law suits with the CRAs and may be able to provide you with some helpful advice.
You may also want to read an article on our site about recent court rulings regarding the CRAs. You can find the article at :
http://www.guardmycreditfile.org/index.php/content/view/673/50/ | Charge off Question No. 2
Written by cat101 on 2006-09-22 Yes.
While with the original creditor everything was paid in a timely manner. The the creditor sold or got out of business and sold all the accounts to a second creditor.
Now the second creditor makes demand for payment and doesn't get paid. They also don't report to a CRA.
They have every right to turn the delinquent account to a collection agency.
Transfer to another lender occurs frequently, that transfer or sale of accounts does not invalidate the debt. And there are no laws requiring creditors to report to the CRA's. | Weird Situation with a Charged off accou
Written by cat101 on 2006-09-22 You may want to PM our Support Services regarding this issue. You can reach us via the "Contact Us" page.
Many website like to set us off on a "wild goose chase" regarding credit report disputes, validations, verification, certified mail, etc. The laws are very specific on what each of these mean & when they apply & the majority of websites advise incorrectly on these issues.
We need additional information on your situation. But overall it sounds like some can be simply deleted due to age & if you believe that your mom may of used your credit file, we have a number of items you'll what to consider. | Help, in litigation
Written by Guest on 2006-10-06 I am fighting a lawsuit in my county court with a lawyer's firm that is a debt collector. I had a credit card that I was not able to pay off in 2001. They served the lawsuit in 2005. This account seems to have been sold 2 times and I did not even know that interest was accruing. What started as a 4,000 dollar debt in now over 10,000 dollars. My question is what proof do they need to show the court that this is my debt. All they have is my name, address, ss#, and account number. Most of the papers they are sending are electronically produced or generic computer generated documents with no indication that they belong to me. Also I have not been able to log into your site even though I typed in all the info, I haven't heard back with a password ok. Thanks! | RE: Help, in litigation
Written by cat101 on 2006-10-11 You want to contact an attorney. He will request this information from the agency that is suing you. You'd be surprised at what they have. If it has been bought & sold several times, you may even be able to determine what they paid for it.
Usually, the first debt purchaser pays 10 cents on the dollar. In your situation that would of been $400. The second debt purchaser usually pays 3 cents on the dollar or $120.
I'm shocked that they sued, you must of been in the right state for this to happen (same state as the law firm). Most times because they didn't pay very much, they don't want to spend the legal costs for litigation plus all the costs to collect it after judgment is awarded. It also maybe possible to settle the suit for $800 - your attorney would handle all of that for you.
The fact that the documents are electronic doesn't matter, lots of businesses are doing that, but they should indicate your name, address, etc.
I'd get an attorney quickly if you've already been served.
As for your password, please PM us via the "Contact Us" page & we'll get that corrected. | Not sure of my rights(Ohio)
Written by Guest on 2006-10-17 About four months ago my then future wife had to be rushed to the ER. At that time we could not afford single health insurance for her so if you can imagine the bill was about $3500 dollars. The only thing we questioned was what actually costed that much, not that we were not responsible for it. We tried HumanArc for some relief but we didn't qualify. we did however, notify the hospital that we were seeking help in pay this off but they never returned phone calls. Now they have sent it to a collection agency and we are being threatened with a lawsuit. I have explained that we (or not many) have $3500 dollars lying around and that we can make payments of $50-$75 a month to pay this off. They find this not acceptable and will precede with litigation. WE DON'T DENY THIS OBLIGATION! WE JUST DON'T HAVE IT! all we are asking for is time. Here's the question.....What Laws protect my now Wife and I and can they report this to a credit bureau if we are accepting and trying to pay this balance off? | Not sure of my rights
Written by cat101 on 2006-10-17 Regretfully, anything that I would suggest should of been done before letting the account get turned to a collection agency.
But, in most states, since you were not married at the time of the debt, then this bill is basically your wife's alone (but that depends on what you may of signed at the hospital...did you sign that you'd be responsible??)
You need to review what you signed at the hospital...
Yes, they can report this to a CRA, it is a valid debt.
There are no laws to protect an individual from being sued, however, there are laws that limit the amount that the creditor can garnish from paychecks, how much they can take from a bank account, etc.
I'd try to reason with the agency, ask what you need to do to make payment arrangements.
You didn't mention the collection agency..or which hospital it was. This is important. The charity hospitals are under alot of pressure right now to work with individuals...not sure if charity or not.
| Not sure of my rights
Written by Guest on 2006-10-18 the hospital was University Hospitals of Cleveland and the collector was Revenue Group. as for signing anything, I was not present at the time of this. The Hospital and the collector seemed to be in a rush to collect the entire amount. We have tried to talk about Payments but they are not receptive to what they call extremely low amounts. What they are looking for is the range of $250 to $500 dollars a month which we cannot afford. What laws and where do I find them for protection on what we feel is a fair amount that would not strap us from our other bills. | Not sure of my rights
Written by cat101 on 2006-10-25 Please PM us via the "Contact Us" Link. | Repossession and Statute of Limitations
Written by jmpouncil on 2006-10-26 Hello:
I purchased a vehicle in 2000 and I got 3 months behind in payments. (Honda Finance) I called my creditor to let them know that I could come up with 75% of the money owed. They would not accept my money or take the payment over the phone. They stated that I could either forward all of the money owed at that time or they were going to repossess the car. They then told me to find family members to borrow the additional money from and to call them back. I only was able to come up with 75% and called them back and they still would not accept the payment. The next week my car was repossessed. I was sent after the car had been sent to auction, a $5,000.00 bill. Two years later I spoke to a collection agency. They said they would settle at $3,000.00 and then asked for my banking information to collect $3,000.00. I did not agree to anything and told them they would have to call me back....being scared out of my mind, I never answered the phone again. I have not heard anything until this past week from Allied Interstate. I have not answered the phone for them either. This has been 6 years now. Has the SOL expired? Can this debt be removed from my credit report, and is it disputable? Would filing for bankruptcy be a good decision?
Thank you.
Jessica | how long is a debt good for?
Written by tcm on 2006-10-28 Should I make an attempt to pay back a debt on a store credit card that is more then 10 years old? I live in the state of Nh and just recieved a notice from a collection agency attempting to get payment on an old account dating back to 1998 . I thought that the was a time frame of 7 years what is my best course of action? | Re: How long is a debt good for?
Written by jmalmberg on 2006-10-30 You're confusing that amount of time that a debt is outstanding with the amount of time that it can appear on your credit report. They are two different things.
Once you incur a debt, you owe it until it is repaid. Theoretically, this means that even if the debt is 25 years old, somebody can attempt to collect on it.
Practically speaking, the example above is a real stretch. Each state has a statute of limitations. This is the period of time that you can be sued in civil court to collect the debt. In New Hampshire, the statute of limitations is 3 years. This means that if you stopped making payments on the debt in 1998, the statute would have run out sometime in 2001. That's the good news for you.
The bad news is that if you admit to the collection agency that the debt is yours, it could start the statute all over again. (I'm not sure if NH law allows this. ) If you haven't admitted this, then you are safe. If you have admitted it, you need to check with an attorney in your area to see if New Hampshire started the clock all over again.
The seven year limit that you mention is the amount of time that the debt can appear on your credit report. After seven years, the payment history should fall off. Again, that's the good news.
The bad news is that some collection agencies will attempt to re-age bad debts. Essentially this means that they lie about the date of last activity on a bad debt account and get it placed back on your credit report.
To see if this has happened, you need to start checking your credit report regularly. If the debt shows up, then you will need to dispute it. Make sure that you record everything you do if you start a dispute process. Make copies of any letters you write. Only send mail using certified mail, with a return receipt. That sort of thing.
If the agency that contacted you is collecting on someone elses behalf, you can stop them from contacting you by sending them a letter, certified mail, return receipt, that says they are to stop contacting you. This will only work if they don't own the debt. If on the other hand they purchased the debt, they can continue to contact you. Since the debt is so old, I'm betting that the agency contacting you actually purchased the debt for pennies on the dollar.
If you want to make this go away quickly, I would suggest hiring an attorney to write a letter on your behalf to the collection agency. Normally they will say somthing to the effect that you have no knowledge of the debt, and that the debt is past the statute of limitations therefore the collection agency is to halt all collection activity unless they want a law suit. The fact that the letter comes from an attorney is usually enough to get them to leave you alone. | Trying to Pay my debts
Written by daniellwndwsk on 2006-10-31 Over the course of the past few years I have been neglectful in my paying of certain bills that have gone on to collection agencies. Some of the bills were medical, some were utilities, some were other unmetioned expenses. My question is, what do I do about those bills which I have lost track of? Would a simple credit check show me who I owe and how much? And how do I do a credit check if I have no credit card? | RE: Trying to Pay my debts
Written by jmalmberg on 2006-10-31 It doesn't matter if you have credit cards, you still have credit report. You can get a copy for free by calling 1-877-322-8228.
Your credit report is going to tell you who has reported you for non-payment within the last seven years. | RE:Repossession and Statute of Limitatio
Written by cat101 on 2006-10-31 SOL is dependant upon the state you reside in, you didn't tell us that. But you can check the SOL limits in this very section of our site, just check the FAQ's.
As for can this be reported...Yes, it is a valid debt. Most likely the date started tolling when the car was sold at auction.
Is it disputable? No, it is a valid debt.
Should you file bankruptcy? That is a personal question depending on a lot of factors. The new bankruptcy law makes filing very expensive (avg is $1500). If all you owe is 6,000 and the debt is 6 year old, then I personally would not. | New checking account
Written by blndefire on 2006-11-04 I am trying to find out...I was just denied for a checking account because they ran a credit check on me. They said they needed a credit score of 620 or better, needless to say I had a 609 so I was denied. This is legal? They also said that they were not looking at anything but credit (no medical), well that is all that is on my report with the exception of one credit card and some account I have never heard of (I believe my deceased husband forged my name). Any help? | RE: New Checking Account
Written by cat101 on 2006-11-07 Did you get a free credit report? Who prepared the credit report?
It's possible that the second account was joint with your deceased husband. Not all spouses remember what all accounts their husbands have, yet most are co-applicants on them all.
Many banks use a service call Chex, which I hear has a lot of problems
I would simply go to another bank - most banks don't do this.
You will want to look at building up your credit point score...getting a credit card from a gas company is one way.
If you currently own your home, free an clear, you may want to consider opening a home equity loan. There is a nominal fee for doing this, normally these are good for ten years.
Basically, they pre-qualify you for a certain amount of money, they give you a check book, and whenever you want to borrow from it, you merely write a check. These are low interest & it gives you a home mortgage, which instantly increases you point score by as much as 50 points.
Us or don't use the loan...it is up to you, but it is reported on your credit report & it can make a big difference. | GE Money Bank admits a bunch of Old Navy
Written by markincleveland on 2006-11-16 I am having a problem with GE Money Bank too. Last month they started to report an account that was satisfactorily closed two years ago under satisfactory circumstances as a charge off. When I called them they readily admitted that they were having a problem due to a system conversion and that a bunch of closed Old Navy account all of a sudden began to be reported as charge off, apparently for no good reason. When I asked why they didn't bother to notify the customers of the incorrect derogatory information, they said it was a business decision not to notify the customers and it would be cleared up within a month or two. How arrogant can they be?
I’ve written to the president of Old Navy and the CFO of The Gap, their parent company to inform them that GE has besmirched they customers’ good names. In their arrogance they never bothered to have the decency to inform us and we are angry. We’ll see what happens.
As of today, four days after I started to write letters the incorrect reporting has stopped and the account no linger appears on my report at all, (strange because it has been less than 5 years since it was closed.)
My big problem is that my bank pulled a personal credit report while the account was being reported in error, so the report should that I had had 2150 on time payments and one derogatory account that was charged off. I am totally embarrassed.
| RE: GE Money Bank
Written by cat101 on 2006-11-16 While I certainly do not like GE Money Bank -- computer errors are a defense. And there are no laws that require businesses to notify customers of this situation.
However, it the error had been disputed to the CRA's, they are to go back six months & notify any companies who pulled your credit report that it was a error.
Ya think that happens? Nope, it sure doesn't. | Paid Collection Account
Written by Guest on 2006-11-27 I paid off a bill for a dentist that went to collections back in 2001. Now every six months or so it shows back up on my credit report with a new collection agency. Since I paid this why does it keep getting sold to new companies and will I have to show proof of payment forever? | Re: Paid Collection Account
Written by jmalmberg on 2006-11-27 It sounds like the debt was sold. Who did you pay the bill to? The dentist's office or to a collector? Do you have proof that it was paid?
If the collection agency knows that the bill has been paid, it's illegal for them to attempt to collect on it. Its not supposed to happen but I have a feeling that every time you prove that you paid the bill, rather than deleting your name from their lists, the agencies are just reselling your information. Good luck proving it though.
There are a couple of things you should do. First, make sure that you keep proof that the bill is paid. You will probably be forced to provide this in the future.
Second, I would start checking my credit report if you haven't already done so. A bill from 2001 would still show up if it was delinquent, but it should also show that it was paid. If it shows that it was never paid, then you need to dispute it with the CRA's. The bill itself should fall off your credit report sometime in 2008. What you want to make sure of is that the collection agencies are not re-aging the debt. If they do this, the bill might not show that it is from 2001. Instead, it may show the date of last contact (which could be 2006). The practice is illegal, but it still happens. If this is happening, you may have to sue to get it straigtened out.
You should also check to see if the collection agencies that are contacting you are registered in your state. Most states require this. If your state does have such a requirement, but the collection agencies are not registered, file a complaint with your state Attorney General.
| GE Money Bank unjust finance charges
Written by Guest on 2006-11-29 With only 3 weeks left to pay off a 16 month 0% promotional purchase (Tweeter TV audio system), having already paid off $11,000 of the $12,000 original purchase amount, GEMB sends my final monthly bill with a $3,500 finance charge attached and the promotion date cancelled because of a prior late payment (about 5 days late). I was late on a couple of early payments with only $35 late fees assessed, and incredibly I have grossly overpaid many minimum monthly payments owed, often repaying 10X the minimum amount requested. I assumed my aggressive overpayment would satisfy GEMB and keep me safe from finance charges, etc. I recently paid the debt off, excluding the outrageous finance charges of $3,500, within the promotional due date. In the meantime I have spoken to at least 8 or 9 customer service individuals, some in India but most in Ohio. Only one individual was willing to consider a 50% reduction in the finance fees, the remain persons were uniformly corporate, obstinate, and unwilling to do anything except reiterate the fine print policies. I am so flustered, so deflated, and feel so inept. My credit is excellent, my monthly repayments to GEMB were excessive, and never did I get in writing that the rug was going to be pulled out from under my financial feet. I have mailed a letter of dispute to GE's office in El Paso Texas. In the meantime is there anything else I can do? | Arrow Finance (Portfolio Recovery)
Written by Guest on 2006-11-29 Hello,
In June 2006, a debt collector from Portfolio Recovery, own by Arrow Finance, called saying I owed $11,000+ to JCPenny. I called them and told them that I had no account with JCP since I paid them off in 1995. They say a payment was made March 17, 1999. I made no payments. I have repeatedly ask for a copy of the records including the payment method. They still haven't provided any proof that this account is mine. At this point I am looking at Identy Theft.
I called JCP and asked them for a copy of my revords, they say they don't have it because they sold them to Arrow.
Portfolio (Arrow) keeps insisting I make a settlement. I keep refusing until I receive some proof of the account.
I have 18 bills all up to date with no payments late.
I did some research on Arrow Finance on the Intenet and found several references to fraudulent behavior out of them.
What can I do to stop Portfolio's harassing and rude phone calls? | RE: Arrow Finance
Written by cat101 on 2006-11-30 You need to get copies of your credit report to see what is being reported on these accounts. It's free.
Next write Arrow Finance, just regular mail, and tell them if they can not verify the debt to stop contacting you. Keep a copy of the letter.
Give them 30 days to respond. PLEASE don't use an internet letter for this they are bogus & do nothing to help the situation. It should be simple.
Then after 30 days if they should contact you again, file a complaint with the State Attorney General.
If you have additional questions or concerns, you can PM us via the "Contact Us" page. | RE:GE Money Bank unjust finance charges
Written by cat101 on 2006-11-30 Yes, file a complaint for your state Attorney General. See what they say. | RE: Paid Collection Account
Written by cat101 on 2006-11-30 Regretfully, yes. That's why I still get my cancelled checks back.
This can also happen in disputes too.
We have seen accounts get sold to as many as 7 different companies over 7 years. By having the proof it just stops the insanity.
| old debt past statue for state law
Written by gypsylee on 2006-12-30 I recently, just yesterday, received a collection notice for an account that the debt collection agency states is mine and they are attempting to collect from me even though they admitted to me in a phone conversation that the debt is from 1997. Now I don't know when the last charge activity was incurred on this supposed account but I do know that this account was not previously on my credit report as I just pulled my credit report in October 2006 and have a brand new car that I purchased in April of 2006. Again this account or debt that they state I owe was not on my credit report. The account in question is not an account I have a memory of and my question is since in California the statue is 4 years for an open ended account (credit card or oral agreement with written documentation) what is the legality of this debt collection agency who states that they just purchased this account 12/6/2006 and just notified me of such by demand letter which I received in the mail on 12/29/2006? also does the statue hold for the state that the debt was incurred in, i.e. where the consumer made the purchase or where the company that extends the credit is located? I did go through a divorce a while back and had some very rough times but had taken care of all of the accounts that I was aware of in order to repair my credit rating. In April 2006 when I purchased my new car my credit rating was 720 and it really hurts a single women with a child still living at home when debt collector's use these tactics on them. I just need to know what is right as in my mind all accounts were taken care of and this was not reported on my credit for the last 4 to 5 years that I am aware of. Now the agency is stating that they are reporting it! Information desparately needed. Just need to know that all my hard work for the last several years was not in vain. Any proof that I may have had as to the validity of such an account, if I did in fact incur this debt, was tossed believing that it 1) was taken care of by being paid in full or 2) no proof exists except to them and I have no way of, pardon the redundancy, proofing it! Thank you in advance for your time in just reading this issue. I definitely have benefitted from this site and as soon as my next disability check arrives, hopefully today, I will make a donation to the site. Of course I have to get the check in the bank first, but I will remember the good work being done here. | old debt past statue for state law
Written by jmalmberg on 2007-01-02 Just because the statute of limitations has been reached doesn't mean that an old debt can't be sold, or that collection activities need to stop. It just means that you can't be sued for the debt anymore.
With that said, enough time has passed that the debt can't show up on your credit report. Since you have no knowledge of this debt, I would tell them so and also tell them to stop calling you. Since they own the debt, they don't have to honor such a request under federal law but California law gives you some extra rights. Unlike federal law, the California law defines a debt collect as someone who is also collecting on their own behalf. You can find a summary of the California law at http://www.dca.ca.gov/legal/dc_2.pdf.
If all else fails, get an attorney to write a letter telling them to stop their collection activities against you. In California, this tends to be an extremely effective method to stop old collections. The state really does have some of the best consumer protections available. | hospital bill
Written by chris28 on 2007-01-02 my husband was sued for my old doctor bills in Aug. They put the items on his credit report in Nov. and I was wondering could they actully put these item on his credit report? | Re: Hospital Bill
Written by jmalmberg on 2007-01-02 Yes, hospital bills can be put on your credit report.
How old were the bills and what was the date of last activity that they reported on them? | Hospital Bill
Written by chris28 on 2007-01-03 I got the bill in 2004 and the there have never been any reported activity on the bills. I just asumed that if he did not sign anything or agree to pay for a bill in my name then he would not be responsible for it in Arkansas | Re: Hospital Bill
Written by jmalmberg on 2007-01-03 If the bill is not yours, you should dispute it. But if the bill is yours, they can report you. Not having a signature doesn't absolve you from having to pay.
Think about it this way. When a vicitm of a serious accident is transported to an emergency room, and they are unconcious, services are still rendered and they are responsible for the bills for those services. If a signed agreement was required in order to treat them, then very few emergency bills for services such as this would ever be paid. In that event, either taxpayers would have to foot the bill, or hospitals would go out of business. | trying to make payment keep getting tur
Written by gwen on 2007-01-03 i owe a credit debt to discover got behind due to being umeployed tried to make min pay they keep turning me down requesting full amount. or a plan i really cant afford what should i do? thank you | RE: trying to make payment
Written by cat101 on 2007-01-12 Regretfully you are dealing with a predatory lender (Discover), is there anything that you can do - ie equity mortgage, borrow on car?
They are not interested in working with you. You may want to try asking for the supervisor to see what is available. Ask if you can fill our a credit statement so that more reasonable arrangement can be established.
Please PM us via the "Contact Us" section & we can discuss in more detail. | RE:old debt past statue for state law
Written by cat101 on 2007-01-12 Normally, the statute of limitations is determined base on the state the you resided in OR the state where the debt was incurred. So if you lived in Iowa and purchased a car on contract there (15 yr statute), then moved to California. The statute on the debt is 15 years.
This is a very simplified response. | sued by credit card
Written by dave23 on 2007-02-06 what if the credit card holder suing is the same as the mortgage? do they have additional power via attachments to the home or recall of the mtg, or is unsecured debt simply unsecured debt and that is that... | Re: sued by credit card
Written by jmalmberg on 2007-02-06 Is it a credit card that you have or a card that accesses a home equity credit line?
If its a credit card, it is probably unsecured debt. You should read your credit card user agreement. If you don't have a copy of this, then you may be able to access it online. If that doesn't work, the CC company will provide it to you on request. | re : sued by credit card
Written by dave23 on 2007-02-07 thanks for the response,
it does not access home equity, it is just a credit card, simply issued by the same company as my mortgage, but the collection agent/law office was aware of this and claimed they could attach something to my home. I think it was a scare tactic and in my estimation a violation of fair debt collecting practice? | RE: sued by credit card
Written by cat101 on 2007-02-08 Remember, if the credit card company obtains a judgment, they can place a lien on your assets -- of which your home is one. It will come into play when you try to sell your asset (or home.) In order to sell it, it will have to be free of all liens. | SOL
Written by SamHill09 on 2007-03-27 The subject of statutes of limitations seems to be a murky one, with often conflicting information from various sources. I've found no less than 3 different results for open credit statutes in my state (OH), and I noticed the same difference for a lot of other states as well. I've come up with six years and four years, and one site had a dash in the open credit field of their chart whatever that means. The PDF chart available on this doesn't list an open credit category.
So basiclly I need to know for sure what the statute of limitations is for open credit accounts in the state of Ohio? Can anyone give me a straight answer? ....Please?
I've read on this site that some states will reset the Date of Last Activity based on what you may have said to a collector. That seems to be another grey area, and I've yet to find any information on just which states those would be. Anyone?
But I'm not worried too much about that because I did not admit the debt, make any payments, or promise payment to anyone after the account closed in May of '99. I would then assume that would be the Date of Last Activity.
| SOL
Written by cat101 on 2007-04-02 I know that I've said this else where, but here we go again.
There are NO SOL on "open account". Open Account is a type of charge/credit method, like installment, home equity, etc.
SOL is determined by how that credit method was opened. Did you sign a writtencontract? Or did you merely "orally (verbally) agree" to the terms? Period. Some states distinguish between a written contract and a promissary note.
A promissary note is for a fixed amount (like a mortgage payment.)
Most credit cards fall under written contract.
P.S. Only a few states allow Date of Last Activity to be reset by admitting to the bill. | Statute of limitations inadvertenly exte
Written by jms on 2007-04-15 Which states allow Date of Last Activity to be reset by admitting to the bill?
I live in Texas and recently began to make good on old debts only to discover this has backfired on me. The debts, four in all, are small (under $400) and would have gone off my credit report next year. At the time I thought paying these old debts was a win-win situation. They would get paid and my credit score would go up. I was in for a rude awakening! For instance, I recently made an installment payment to a collection agency named Assets Acceptance and soon after it reported me as a new account to Equifax. A day later my credit score dropped 19 points! I have been told by making payments on these old debts the clock has been reset and now they will remain on my credit report for another 7 years! Now I am hesitant about making any more payments on these old accounts that I haven't made payments on in over 6 years.
One collection agency named David Taylor & Associates is giving me the most frustration. It claims I owe on a BankFirst card. They recently
recorded me agreeing to the debt and post dating a bank/debit installment payment. I ended up closing my bank account to avoid this transaction from taking place after my recent negative experiences on paying old debts. They contacted me yesterday upset that my payment did not go through. They told me if I don't pay up they will send it to litigations even though the account became delinquent in 2001. I told them they could not sue me because the statute of limitations have long passed. But after doing some research I'm afraid I made a big mistake admitting to the bill. Could anyone please answer the following question?
Was my Date of Last Activity reset by admitting to this bill?
Please keep in mind I did agree to make a payment but the transaction never took place and I live in Texas.
I have tried really hard to find this answer but I guess its a bit complex because I can't find the answer.
I have had three credit cards open for the past two years and have never been late on one payment and haven't maxed them. I really want to build my credit up not jeopardize it!!!
I would greatly appreciate your expertise on this matter.
thanks
| RE: atute of limitations inadvertenly ex
Written by jmalmberg on 2007-04-15 The statute of limitations and the Date of Last Activity are two completely sepearate things.
The statute of limitations is a state law... in your case, a Texas law. The statute simply means that after a certain period of time passes, you can't be sued by a creditor to collect.
A number of states allow the statute to reset if you make a payment or if you admit that a debt is yours. I don't know if this is the case in Texas however, I would suspect that it is for a couple of reasons. First, they recorded your conversation for a purpose. I suspect that this is for use as evidence. Secondly, it is against federal law for a collection agency to threaten legal action unless they intend to take such action. The only exception to this is if they actually own the debt. Under those circumstances, they are within their rights to threaten you.
The date of last activity on an account is just what it says. Once there is no activity on an account for seven years, the account will fall off your credit report. Because you made payments on these old accounts, the date of last activity has now changed and your credit report will be impacted.
You may actually want to talk to an attorney about your situation with regard to the statute of limitations. As for the date of last activity, there really isn't a lot that you can do. | statutes of limitations
Written by jms on 2007-04-17 Thanks for the quick response!
What I was concerned over was if I had inadvertently extended the statute of limitations by acknowledging this old debt of mine.
After further research, I discovered a government service online that offers Texas law, codes, and statutes info called Texas Online.
I learned Texas is not one of the states that allows the statute of limitations to be reset by acknowledging or paying the bill (Section 16.004 (a) (3)) .
Now I wonder if this particular debt collector was out of line when she threatened legal action. I told her the statutes of limitations has passed and I may be recording the conversation. She hasn't called since and she used to call everyday at work and at home. I am going to wait it out and see what happens. I haven't paid on this particular bill so the date of last activity hasn't changed. The original creditor was JCPenney and they (David Taylor & Assoc) are a third party collection agency. So I don't think they actually own the debt.
thanks again for you input!
| Minor Child debt
Written by keefer10000 on 2007-06-25
I'm seeing an old dental bill for my , at the time, minor child. I was told by another credit collection company that this should not be on my credit report. The current collection agent is playing dumb and refuses to make any sort of agreement but to pay in full. I'm very concerned that I have no right to be presumed inocent, and my only other action in this case to to take them to court, expensive.
Am I correct in regards to a bill for a minor or should I just pay it. Not trying to beat the bill there is a court order for me to provide certain coverage which I did, the credit company just does not want to hear it nor wish to resolve it.
I very much feel I'm right (black and white court order).
Thanks
Keith | Re: Minor Child Debt
Written by jmalmberg on 2007-06-25 The fact that the bill is for a child has nothing to do with the bill's legitimacy. By law, children can't obligate themselves for a debt. This makes their debts the responsiblity of parents or legal guardians.
If the bill was your resposibility at the time it was incurred, then it is still your resposibility. Responsiblity doesn't transfer to your child at their 18th birthday.
Now, if the bill was the responsibility of your former spouse/partner, it was incurred after you divorced or legally separated, and was incurred using separate credit (meaning an account that you were not a signor on), then the bill belongs to your former spouse/partner. In that case, I would fight the bill. | RE: Minor Child
Written by cat101 on 2007-06-26 Once the child comes of age of majority (usually 18), both you (parents) and child are responsible.
The child is responsible because they benefited from the service. The parent is responsible because they agreed to the services.
| re: verbal settlement over the phone on
Written by yk42000 on 2007-10-12 i live in california.
i recently received a call from collection agency claim i owe them over $10000. they said that subject account was charged off in 1998, and they bought the account from another collection agency. i advise them i do not recall such a debt numerous times on the phone. Then they said that someone was making a payment for 3 years and it has to be mine. i said "no that is not mine." Then i asked them if they are going to put in on my credit report and they said "yes" Then some manager guy answered and said "we will settle for $100!" because it is such an old debt. i was scared and when i heard it, i told them i would settle for $100 since it will cost me more to fix my credit then the amount they offered. Then they asked me to give them my bank account #. Luckily i did not give to him. Then he said that the offer expires at the end of the months. i asked him send me some info regarding such debt and he said he cannot send me anything. he kept on saying last payment was made on 1998.
i called FTC and made a complaint and told them they are not sending me anything in writing. then they advise me to write Debt Validation letter and include, that the statue of limitation passed, cease contact over the phone, im disputing the amount what they say i owe. it has been less than 30 days since the initial contact by collection agency.
Thank you for reading the story. Here is the question!
Since i said "i would settle" over the phone, does it become Oral Contract and statue of limitation restart?
Also, could they sue me since i said that i would settle? (if they bring recorded conversation only the part saying "i will settle" or they have to bring full 18 min. conversation we had)
im getting anxiety attack, i cant sleep at night, and im having a breathing problem... Please someone help me!!! Thank you so much!!! | re: verbal settlement over the phone on
Written by jmalmberg on 2007-10-13 Fortunately, you live in one of the most consumer friendly states in the country. California has a number of laws that are much tougher than federal laws, when it comes to debt collection.
I’m not an attorney but as long as you maintained that the debt was not yours, then California law is probably on your side. Make sure that when you write your letter, you mention that you are unaware of any such debt, and that it is not yours. It should be pointed out here that California is not a state that allows the statute of limitations to reset. This means that you can’t be sued to collect the debt. Since the debt is so old, it can’t be placed on your credit report either. If it is, this means that the collection agency reported it as a new debt. This is illegal under both California and Federal law.
The bad news is that it sounds like the collection agency involved in this transaction actually owns the debt. If that is the case, they can continue to call you even after you write a letter telling them not to. The owner of a debt has the right to contact you for collection purposes even after the statute of limitations has passed.
If they don’t own the debt however, then they have several issues. First, it is illegal for debt collectors acting on behalf of their customers to threaten you unless they intend to follow through with their debts. They can’t threaten to sue you unless they intend to actually follow through. They are limited to when and where they can call you. If they call you at work and you tell them that it puts your job at risk, by law they must stop.
The other thing that is important to remember is that debt collectors that approach California residents must be licensed to conduct business in the state. Check with the Secretary of State’s office to see if this debt collector is licensed to operate in California. If not, then report them. Debt collectors who operate without a state license are violating the law and subject to fines.
Finally, you need to know that debt collectors in California have both corporate and personal liability for their actions. This means that if the person calling you violates the law, both his company and he can be sued individually. Most consumers don’t know this. Those that do can often use the information to effectively stop harassment.
I hope this helps. | I have questions about debts in collecti
Written by tobybenedict on 2007-11-24 I hope this is the question and answer section. I live in Washington State and I have about 7 different credit cards nearly all charged off as bad debt and have now been with various collection agencys for over a year now. If i never respond ie. answer phone calls or respond to the mail, does that validate the debt? one website was saying that if the credit card charged off the debt as bad debt than the collection by the collection agency it was sold to is illegal or illegitimate and it could be eliminated at no cost except attorney fee. Is this true for Washington State? My debts range from $500 to $5000 totaling about 11,000. Would I likely be sued with all of these credit cards and collection agencys being out of State, not of Washington State where I live? What is the maximum amount the court could force me to pay for example as far as attorney fees of the collection company on a $5000 debt in Washington State. Is $300 the limit, if I was sued and the court ruled in their favor? | Re: I have questions about debts in coll
Written by jmalmberg on 2007-11-26 Ignoring calls and letters does absolutely nothing to absolve you from the debts. Its actually likely to get you into more trouble as collectors begin to call friends, family and your employer trying to track you down.
You can stop the calls and letters by sending a letter to the collection agency - unless they actually purchased the debt - and telling them to stop contacting you. They have 30 days to comply. If the people contacting you actually own the debt, they can legally continue to contact you as long as you don't pay.
Even if you do stop the calls and letters, you can still be sued. Its unlikely that a credit card company will sue you for $500, but not impossible. On the larger bills, there is a very good chance that you will wind up in court.
I would suggest that you talk to an attorney as I have a feeling that you are going to have some legal issues.
As a rule of thumb, we never advocate that anyone just walk away from their debts. If you are having financial difficulty, it is almost always better to work something out with the lender, stick to your payment plan, and stay out of court. | How can I find out who has run credit ch
Written by akillion on 2007-12-05 Basically, I would like to know how I can find out who has run credit checks on me. | Re: How can I find out who has run credi
Written by jmalmberg on 2007-12-06 The easiest way is to actually look at your credit report. You'll find information about how to obtain your free credit report under Credit Issues on our site. Just use the navigation on the upper left side of the site. |
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