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     | Saturday, August 12, 2000 - 07:25 am  My husband and I have a debt which is over 7 years old. It is a Discover card that went to collection. We called them recently and they told us that we had to pay it (somehow they found out we were trying to get a mortgage...different story altogether). They wanted us to pay about 1900 and the original debt was for 1200. Well, we told them we were not interested and they said they would be sending it to an attorney. Yesterday we got a letter stating: We are extremely disturbed that the payment arrangement with our office is now in default...we must advise you that further delays are unacceptable and the amount due, or at least all past due installments must be paid at this time... Is this their way of trying to make it seem as if we set up payment arrangements in order to restart the sol? What should we do? We NEVER agreed to any type of payment arrangements.
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| | Saturday, August 12, 2000 - 07:04 pm If the item is more than 7 years old it can't show up on your credit. If the item is past the statute of limitations (which varies by state, but can be as long as 15 years in some states) then they can't sue you for it. I doubt that they are trying to say that you agreed to some payment arrangement that makes the thing start over again. If you just don't want them to contact you write them a letter telling them to cease and desist any attempts to contact you regarding that debt and be done with it.
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| | Monday, August 14, 2000 - 05:53 am To add to Shylock, go to the link below to find the Statute of Limitations for you. Bear in mind the jurisdiction might NOT be the state in which you currently reside. There are many posts dealing with this on this site's archives. Do a search on "SOL" or "Statute of Limitations". Also check Carreon & Associates web site, as Kristy has written extensively on this issue. Bottom line: If the SOL has expired, and the the 7-year time limit has expired, there is nothing they can do to you. The entry MUST come off your credit report, AND they will NOT be able to sue you. A "cease and desist" letter to the attorney will close the situation out for you. http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
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