regarding bill from over 4 yrs ago

What state do you live in and have you received anything in the mail?

I live in Maine. The statue of limitations in my state is 6 yrs. No I have not received anything by mail. They had submitted the bill to my email address.

What did you receive from them??? Proof of the debt? Something with your signature on it?? If yes, then you do have to pay it or at least legally you should.

Are you still there?

Thank you.

What kind of debt was this?

You received an email? This sounds fishy to me. Was this a payday loan?

I am sure I will get some opposition from OhioGal, as she seems to think I am full of it.

If it is a debt, it really doesn't what kind of debt it is, you're still legally supposed to pay it. The first thing I would ask is did you really have a debt with them or the original creditor? Second, who is the debt collector and where are they located? Third, is this account charged-off and if so, what is that date? Forth, were they hired or have they purchased the debt? These questions as you see are a bit more detailed yet makes a big difference of how you might go about things. Running a consumer protection center I am a bit more aggressive with collectors than the ladies are.

If the debt has been charged-off four years ago and this is where OhioGal will disagree but, if no payments have been made, you have almost reached the time limit with the SOL of 6 years. If they don't want to send you anything on their paper letter head via snail mail, you could certainly send them a cease and desist letter and hope that nothing happens in the next two years. I don't recommmend this but I have had clients do that and they did get away with it.

However, if the debt is like a couple of thousand and you pay like $50 a month for the next year and then stop. It can and will reset the SOL to 6 years from the last activity. OhioGal will beg to differ, but believe me, a court or judge will ask you why you paid and then stopped hoping to be exempt under the SOL. Trust me it doesn't work that way!

I wouldn't accept an email bill or demand for payment, especially with the age of the debt. Have them put it on paper with their letterhead and send you the details of the alledged debt.

I would also check your credit report to see what may be listed and if they are reporting anything negative. If you did have an account with an original creditor and the account was sold or transferred, it should say so in the comments and that is it. You can't report two or more accounts for the same debt. If so, dispute it with the credit bureaus.

You do realize the level of disrespect you are displaying in your responses, do you not?

Quote:

Found the post...

Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the orginal creditor and/or collection agency. If you live in one of these states, simply sending in a check doesn't restart the clock. The statute of limitations is only extended by new written promise to pay in these states:

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconin

No Disrespect, however OhioGal should have considered in her first responses to me. My post were and are not BS. It comes straight from the law books and ACTUAL legal events I have been through. So when you are disrespectful in start with someone new, absolutely you are going to get what you give.

Soaplady, No Disrespect to you as well and out of the non-sense of dealing with such unethical debt collectors, I am in law school.

As for the SOL, I will argue that point as well. It has happened to me and beind an ex attorney, you know as well as I do that our legal system is setup on case law, and the review of it in deciding any current case(s). In any court of law I am going to tell you ex-counselor: [FONT=Calibri]Objection, Plaintiff objects on the grounds that the statements are irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the SOL's and defense before the Court. Further, please cite or produce the actual state laws in question or any relevant case law. Then we let the judge decide, CORRECT? [/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]I appreciate the fact that you searched and found the post on the SOL and that it DOES NOT reset unless you sign a new contract or agreement. However, please respond to this... [FONT=Calibri]Calvary SPV v. Lorraine T. Furtado 2005 Ohio 6884 and I quote "Credit card agreements become binding upon the parties upon issuance and use of the card; they do not require a signed agreement between the parties." This stood, however Soaplady, the thing that saved me was the fact that the alleged account(s) in question were inregards to identity theft and that openned up a new can of worms. Plus the account(s) in question were sold or transferred. In short respectfully stated, I will challenge you and OhioGal on this topic until you produce the actual state law and case law that is relevant. One last thing, that is what I posted and OhioGal said it was BS. Not a great way to welcome someone new to the site. Just saying...[/FONT][/SIZE][/FONT][/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]As for reporting, you are correct Soaplady that debt collectors can and do report false infomation or more than on[/SIZE][/FONT][/FONT]
[FONT=Calibri][FONT=Arial][SIZE=3]e account for the same debt, which that IS illegal. Again, I have spent the last 5.5 years in dealing with a civil suit that all of this is relevant. And that case is still on-going Soaplady. Additionally, I have a countersuit that is pending and included this false and inaccurate reporting. Plus I have another suit that also covers all of this. One is with the bank or the servicer of the alleged account and the other is with the national debt buyer. Soaplady, despite that fact that I have the 39 page Forward Flow Loan Agreement between the two parties and a mountain of evidence, the banks claims they still owne the alleged account(s) and that is why they are reporting, and YES they are allowed to. On the opposite side you have the national buyer who listed the same info and stated that they were "hired to collect.." But have submitted into evidence a one page bill of sale affidavit that has a different bank enitity name on it and they stress that the two are "wholly owned". Moreover, in the first case that was dismissed and the second that is still pending, during discovery (interrogatories and admissions) the plaintiff was asked repeatedly if and what documents they obtained at the time of the sale and/or if they omitted or altered any portion of the Forward Flow Loan Agreement (assignment). [/SIZE][/FONT][/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]The law states that the bank CAN report, however it can only state that the alleged account was sold or transferred. As for the debt collector, you cannot report that you were "hired" and then turn around and submit a bogus one page robo-signed affidavit into evidence stating you own the account. This all falls under The Fair Credit Reporting Act. (FCRA). So I have them both for false reporting among other allegations. [/SIZE][/FONT][/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]You should know Soaplady that we can't really settle my two suits until the plaintiff's case is decided and we still have the court of appeal yet, if needed. So it could be years more yet.[/SIZE][/FONT][/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]If I am full of it, then I will be more than happy to show where every 35 days I filed complaint with the credit bureaus regarding the false reporting. Now the truth is and you should know this Soaplady with being a exattorney and having worked as a debt collector. There is a fraud alert on my credit reports that stands for seven (7) years and the credit bureaus not only complied with federal law, they DELETED ALL ACCCOUNTS relating to the matter as, they too do not want suit brought upon them for reporting false or inaccurate information. [/SIZE][/FONT][/FONT]
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[FONT=Calibri][FONT=Arial][SIZE=3]One last thing. I have reviewed a ton of cases and other info such as studies, that found male attorneys are much more aggressive in court than female attorney by nature. Again, no disrepect and I think I have more than made my point and to OhioGal. So that will stop. If you two want to give me the boot, for posting actual information that you find questionable then so-be-it! But I will make a point on this topic. You took it personal with my statement and it hit a nerve. You then threaten to bar me. In court, ex-consoulor wouldn't that be considered heresay? And while I can't yet post the transcripts of my court cases. I do have a female attorney on my team. In the first case because she feel for the plaintiff's sweet personality say "Calm down, he really is a nice guy. You don't have your license yet, but when you get them you'll see what I mean..." So yes, I took charge from the witness stand Soaplady and made him read to the court what I have explained here in this post and others while he attempted to cross-examine me. Case in point, my aggressive approach got the case dismissed! Left to her, I could have been paying thousands on an account that is not mine! I rest my case![/SIZE][/FONT][/FONT]
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You've made no points with me. I still think you're full of it and only here to drum up business. They're your opinions and you're entitled to them, as I am mine.

I will point out that I have helped countless people on this forum.

I don't appreciate your smarmy attitude. Nor do I appreciate your complaints and false accusations to the owners of this forum.

You're very disrespectful and full of yourself and I've had enough.