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time barred debt

Date: Tue, 08/09/2005 - 19:26

Submitted by anonymous
on Tue, 08/09/2005 - 19:26

Posts: 202330 Credits: [Donate]

Total Replies: 3

time barred debt


Hello,

I recently received a call from a collection agency saying that I owed a balance on overpayment on FICA and MEDICARE on my paycheck from a previous employer. This happened back in 1991. Does SOL apply in this case and if so, what action should I take.

JOHN


Hi John
Welcome to the forums

The amount that you owed in 1991 cannot be collected by the collection agency nor do they can sue you to the court. This is because it is a time barred debt. You have not written the name of the state in which you reside yet SOL definitely applies in this case. But it should be over by now.

If you can say the name of the state in which you reside then I can help you in a much better way. But it is very much clear that the collection agency cannot recover the debt from you now. If they try to threaten you or harass you then please lodge a complain against them in the FTC.

In addition register your phone number in the National Do Not Call Registry. This will prevent you from receiving any disturbing calls from the collection agency. So please keep yourself calm.

Please feel free to write back with further queries

Regards
Peter


lrhall41

Submitted by peter on Tue, 08/09/2005 - 20:52

( Posts: 285 | Credits: )


Hello Peter,

Thank you again for your information. I reside in the state of Florida and I understand the SOL has a limit of 4 years. Am I right?

I have been called and have received letters stating that I owe this outstanding balance. Should I contact my previous employer to release me of any obligation with them so that I will not be harassed by the agency. I am currently drafting a letter to tell them that SOL has expired and that they cease all communications with me. Will that do?

Sincerely,

JOHN


lrhall41

Submitted by anonymous on Wed, 08/10/2005 - 19:48

( Posts: 202330 | Credits: )


Hi jolijon

Collectors try to purge the dates of the debt accounts and therefore the date of last activity is changed. As a result, it puts effect on the SOL period also. Make sure that you are confirmed of the last date of activity and it has not been changed by the collection agency.

When the collectors are not able to recover the debt, they pass it on to some other agency for recovering it. They keep on reporting to the credit bureaus and every time, you are losing some of your valuable credit scores.

Please pull your latest credit report from the three bureaus and see the latest standing of the said account.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 08/11/2005 - 15:47

( Posts: 4009 | Credits: )