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     | Wednesday, April 12, 2000 - 02:04 pm  First I want to say that I think this site is great, It's been a tremendous help in cleaning up my credit over the past two years. Here's where I need some help. Earlier this week, a collection agency contacted my mother about a $51 debt. After doing some research, we found out that the debt was from the Maricopa Country (Arizona) Clerk of the Court, from her divorce in 1992. It seems to have been for a judgement filing fee, or something along those lines. When going through her divorce, she was (and always has been) VERY careful to pay all her fees and bills. So basically, eight years later, with no previous attempts to collect this debt from her, it's in collections. If I am correct, this can NOT go on her credit report, because the SOL is up. I want to verify that, because she's very worried about this showing up on her credit report, and very frightened by the creditors. If anyone could just let me know if I'm on track with this, I would really apprecaite it.
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| | Wednesday, April 12, 2000 - 02:41 pm Well, I believe you are correct. I'm not aware of any state where the statute of limitation is greater than 6 years, but there is a site on the Internet where you can check that. I'd say send a C&D letter to the collection agency, and then contact the court directly and inform them that it is beyond the statue of limitations.
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| | Wednesday, April 12, 2000 - 06:13 pm Actually, the statute can be up to 20 years in some states. Here is the link. http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
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| | Wednesday, April 12, 2000 - 06:42 pm Thank you Kristy! I couldn't find it in my links.
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| | Wednesday, April 12, 2000 - 06:47 pm So. Looking at Kristy's link, you may or may not be safe. If they consider the money owed for the fees like a judgment, the statue of limitations is 10 years, in which case you should pay it to avoid problems. If not, you're safe. Was it for HER filing fees, or was it a judgment ordering her to PAY the fees?
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| | Wednesday, April 12, 2000 - 09:18 pm Thanks for the responses. I'm not sure what type of "filing fee" this is, and my mom's memory isn't too helpful. When I called the court and asked them about it, the lady that I spoke with even said that she didn't know how they could even make her pay it after this long. Of course she couldn't resolve it for me, and I'm waiting for a call back from the person who can. It's just ridiculous, because she would have paid it no problem at all, eight years ago. I'm thinking that if she does pay it, I should try to handle it through the court and not the collection agency, and before she pays it I should get a letter from them stating that it will not show up in any way, shape or form on her credit report. Opinions??? Advice??? Thanks again, I really appreciate your assistance!
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| | Thursday, April 13, 2000 - 12:01 pm That will not work. What you need is an agreement from them, on court letterhead, signed by someone with authority to make such a deal, that they will not discuss the matter, verbally or in writing, with any third party. Then, if it DOES show up, simply dispute it with the CRA's and they will not be able to verify it. Poof, no more black mark. If they DO discuss it or verify it after that, you may have legal recourse. Again, I'd consult an actual atty, of which I am not one.
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| | Friday, April 14, 2000 - 07:10 am If I am correct, this can NOT go on her credit report, because the SOL is up. The SOL has nothing to do with how long an item can be reported to the credit bureaus. It only affects the amount of time they have to file and obtain a judgement regarding the debt. Even if it's a valid debt, it can only be reported to the credit bureuas for 7 years from the original delinquency date. If they consider the money owed for the fees like a judgment There's no "consideration" to discern - either it's a judgement or it's not a judgement. They can't just "consider" a debt a judgement just because they are part of or related to the county (judicial) system. A judge has to have signed an actual judgement.
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| | Friday, April 14, 2000 - 11:34 am John thank you. Then would you agree that the SOL is up, and they should be safe?
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