There seems to be some confusion between the statute of limitations as it applies to debts and what can show up on your credit report. They are two completely different animals and have to be treated as such.
A debt listed on your credit report can only be listed for 7 years from the charge off date as stated. In the OP’s case, what is on his credit report and the validity of the supposed debt have nothing to do with whether the debt is valid or not. This issue did not have to be addressed at all to answer the OP’s question. If the debt is still listed, the OP need to challenge the debt and get it removed.
The statute of limitations for the OP’s purpose is 4 years in Pennsylvania. The only thing that can determine whether the SOL applies is how long did Mr. Amigo live in Pennsylvania before moving. The is important because if he left the state prior to the SOL tolling, the clock stopped and the SOL defense for the debt will no longer apply. State use these SOL waivers to prevent folks from moving to another state to wait out legal debts.
For $137, most collection agencies are not going to try real hard to collect such a small amount and they may accept the $50 the OP wants to offer. There are others that will persue it, by adding attorney fees and court costs, they could push the original $137 up close to $1000. This would be a good days work for a collection agency attorney. The OP does not have to worry about wage garnishments or bank levys unless a judgment is granted. Even then, you will get 30 days to pay or appeal.
If you lived in Pennsylvania at least 4 years from the charge off date (usually 90 days after the account went deliquent), you can claim the SOL has tolled and tell the CA to pack sand. They can still sue but the SOL will be your positive defense.
If you have lived in Michigan more than 6 years and the CA would use a Michigan court to sue, you can claim the Michigan SOL as your defense. If you left Pennsylvania prior to the SOL expiration, a sharp attorney will claim the Michigan SOL does not apply to a debt from Pennsylvania and that the PA SOL clock stopped upon leaving the state. It would then be up to the judge as to whether the debt is valid or not.
If I was in your situation, I would not offer a thing, I would send a cease and desist letter (CRRR) claiming that the debt has exceeded all pertinent states SOL, you no longer acknowledge the debt as valid and that the CA is not to contact you about the debt ever again. Make all the claims as your rights under the Fair Debt Collection Practices Act. Excellent examples are available at creditboards.com, free registration is required. If you have any other questions, creditboards.com or freeadvice.com are good places to start, legal professionals are regulars at both sites.
Your comments are noted and brushed off as being nonsense and non-responsive to the OP. Like we don’t have laws that govern debt collection and that creditors should be allowed unlimited rights to collect. Might as well argue for debtors prisons.
The OP has been answered by an qualified attorney licensed to practice in my state.
Thanks for posting this inquiry. My husband just got a similar letter in the mail (Verizon, 10 year old phone bill) and we weren’t sure what resources to check out.
I don’t see any equivalence between saying that the honest thing to do is pay honest debts, and advocating for debtors prison. Nor was I encouraging unlimited rights to collect debts. Legality bears little resemblance to honesty. If you don’t owe the debt, by all means let them know you do not owe the debt. If you owe the money, pay the money you owe.
My reason for posting the “non responsive” answer was because not a single one of the lawyers mentioned that paying an actual real debt would be honest. Not their job, I understand. But the fact is that honesty is a possible answer. Saying “I don’t owe you anything.” is entirely honest. But if you owe the money, and use legal limits on debt recovery to avoid paying it. It is legal, but it is not honest. The standards are different. You may not care, but others read this forum, and some of them would be ill served to have that aspect ignored.
One of the reasons for having a statute of limitations in the first place is that it would be pretty hard for me to determine to my own satisfaction, much less prove to a court, that I did, or did not owe such an old debt…and it sounds rather like the OP is in the same position I would be.
Maybe the OP actually did owe Verizon the money. But for heaven’s sake, if they waited over nine years to bring the matter to attention, it couldn’t have mattered much to them.
So to agree with Tris, if you know for a fact the debt is owed, the honest thing to do would be to pay them. But I really wouldn’t expect anyone to be able to make that determination.
I just checked my credit because this thread reminded me to. I also mentioned it to a friend who tried to check hers for the first time.
When you go into the site, they ask you two questions to verify your identity. The questions were related to a mortgage in 2004. She didn’t have one in 2004 or anywhere around there. They told her she had to come up with a bunch of documents proving her identity so they could provide the report.
My question is, if you get weird-ass questions like that, what is the likelihood your identity has been stolen? Should she be freaking out?
Kalhoun, I just ran my report and oddly enough I also got a question regarding a “recent mortgage”, when in fact I have none. I answered “None of the Above” to both questions (regarding lender and monthly amount), and got in to my credit report, which subsequently showed no recent mortgage activity whatsoever.
Perhaps it’s a trick question asked for security purposes?
That’s what I thought at first, but she said none of the above and then they told her she had to send copies of like a dozen documents in order to get her report. She said she had a mortgage many years ago…nowhere near 2004. And she knows her credit is less-than-healthy, but I didn’t think that would matter.
I got waqs like that when I signed up for my credit report the first time. I answered “none of the above” and moved on to getting my report. Sometimes they ask questions that aren’t part of your history to verify the person. Or, someone could have gotten her info and got a mortgage OR they put the wrong information of someone else’s mortgage onto hers. A friend of mine had stuff on his brother’s credit history showing up on his report. It took some time to suss out.
You should demand validation to preserve certain rights you have under the FDCPA law.
You should also tell them they’re outside of SOL, and to cease and desist.
Well, she gave it another shot on Experian rather than the one she first tried and she got in. Heh-heh…she might have been better off if her identity was stolen. It’s certainly not doing her any good!
Might as well argue for debtors prisons.