Can they collect a debt almost 7 years old?
Date: Thu, 07/05/2007 - 16:08
Can they collect a debt almost 7 years old?
I haven't heard from them for almost 5 years by mail and now got a phone call from ED what's his name's recorded message. I can't believe that I got mail finally after I've changed my address with the post office each time I've moved and finally I move back to my folks address and they got my number even though I pay extra for AT&T to unlist/unpublish and protect me from any sellouts from them. I specifically requested this and I do not post my protected home number online. I've always used my cell number mostly and that is a new number here in Kansas in the last 4 mths.
Is there any laws to protect me as a current resident of Kansas that anyone knows of? Also does Kansas have a cap %rate or legal actions I can take? I do not want to do bankruptcy as I've been through that earlier in life already.
I do know that if I fax or send them a certified letter stating that they can only use USPS mail (Snail mail) to contact me, then they can not call any numbers by phone, including "other" numbers such as your parents or numbers that they find. I've sent a few collection agencies a letter and they stopped even sending me mail as well as halted the calls. Weird! but my attorney advised me of this back about 8-9 years ago. That law hasn't changed.
Please help with any information you can. I'm hoping to do debt consolidation, however I'm barely making ends meet and affording my car which I just refinanced. I have a mortgage I pay as rent, electric, propane and car payment as well as what I've borrowed from my sister to get back from AZ to KS. Not including phone, internet (which is required for some of my income). HELP!
rally
rally, is this an internet pay day loan that contacted you now after 5 years? Or is this a store front pay day loan after 5 years? Or is it a pay day loan at all? As far as your credit report, things reported usually drop off after 7 years; however, some places (to be jerks) keep reporting year after year that it's still unpaid so it stays on your report until they quit doing that, which they won't. But these people that contacted you after 5 years, is it an internet pay day loan???
Payday store front - Located in Phoenix, AZ
It was a storefront in person. I've never done any internet purchasing or loans. I was only a part-year resident per my taxes that year, but it was filed as a part-year resident/full resident for Kansas and in Kansas. If that helps.
Who is collecting...a collection agency, or the PDL? As I rea
Who is collecting...a collection agency, or the PDL?
As I read your post, you physically borrowed the money in the state of AZ, so IMO, KS law would have no bearing on the terms of the contract. To the best of my knowledge, KS has no laws governing debt collection (although they may be covered under unfair business laws). If this is a collection agency, then you would be covered under the fdcpa.
Perhaps someone else can chime in with the SOL, but the fact that time has elapsed does not mean that a debt goes away...only that you can raise the SOL as a defense if you are sued.
