I May Be Going To Hell, But You Don't Have To
By Sparks
@sparkofinsanity (20471)
Regina, Saskatchewan
August 2, 2008 3:52pm CST
Yesterday I started a little thread about maxing out my credit card.
I was astonished at the number of people who not only are in the same position, but worse. What got me though, is that a lot of them have debts that are quite old and yet they are still paying or suffering from collection harrassment.
So I've done a search, and though the results are American based, those of you 'foreigners' can benefit too, by doing a search of your own using the key words "Statute of Limitations on Debts....(insert state/country name)"
Here's what I found. I hope it helps:
"The Federal Trade Commission and state regulators around the country have taken action against collectors that have tried to resuscitate old, paid-off debts or that hounded people about debts that weren't theirs. But you can't always count on regulators intervening in your case, so knowing something about debt limitations can help you defend yourself against the worst practices.
How old is too old to collect?
There are two major types of limitations on debt that you need to know -- and that many people confuse.
The first has to do with how long debt problems can show up on your credit reports
. Federal law typically requires credit bureaus to drop negative information after seven years. The clock usually starts ticking 180 days after the account first goes delinquent (in other words, when you miss your first payment on the account). There are exceptions: Bankruptcies can remain on your credit reports for up to 10 years, and some debts, such as unpaid tax liens, can stay on your reports indefinitely.
Collectors can't legally restart the seven-year clock by "re-aging" the debt (giving it a new delinquency date) or by selling it to another agency. (The FTC shut down one large collection agency, CAMCO, after charging the company repeatedly re-aged debts in its attempts to collect.)
The other curb on debt collection is the statute of limitations, which gives creditors a certain time period -- in most states, three to six years -- in which to sue you over a debt.
Statutes of limitations vary widely by state, and by the type of debt. States often have different rules for oral and written contracts, as well as for "closed-end" contracts such as installment loans and "open-ended" contracts, which typically (but not always) include credit card accounts."
So do a search people using the key words I've given you above. There are companies now that 'purchase' lists of old debts and then try to collect on them. This is illegal. So the next time a debt collector calls you about a debt you know is old, or that you paid, ask them if they are calling from a 'purchased debt list'. If they say yes, tell them you will be reporting them to the governing authority for these matters and hang up. Tell them the same thing if they refuse to give you the info. Then hang up. And then REPORT THEM. Get online and do a search for the appropriate reporting agency for your state or country. Use the keywords "How to report false collection agencies".
Now - who wants to go to hell with me anyway? Hell takes American Express! LOL
4 people like this
16 responses
@tamarafireheart (15384)
•
2 Aug 08
Hi Sparky,
OMG! sparky how complicated is all that? I don't think we have anything like that here, you know who you owe and you are dealing with and if anyone try to ring they get a flea in their ears, thank you. Glad I'm not in that position.
Tamara
3 people like this
@sparkofinsanity (20471)
• Regina, Saskatchewan
2 Aug 08
I've just done a search for England and this sums up what I found:
"If a creditor, who you haven't had any communication with for 6 years contacts you about the debt you should write to them quoting the Limitations Act 1980. NEVER admit owing the money."
Now that's what I found in a nutshell. Your British system is so much more complicated than ours, so as you say, you owe it, you pay it or you tell em to play with fleas! LOL Much more sensible than our system!
@Barb42 (4214)
• United States
3 Aug 08
Spark, I told you yesterday I could not go to hell with you. I sure can't now. We aren't even considered for an American Express card and we have great credit! My husband tried to get one for his business a couple years ago - not old enough of a company. Tried to get one for us - couldn't do it. That was about the 2nd time we had tried. So he said the company wasn't good enough for us - not that we aren't good enough for them!! How do you like that one? 
You really did some good surfing here for this information. I have known of companies trying to extract money from people with OLD debts. There are probably lots of dishonest money collectors out there. I worked for a jewelry company when I first started working many moons ago. They had this unscrupulous debt collector in the office and man, he could collect OLD debts that people had never paid. He wore a fire arm on his belt. 
He meant to collect, and collect he did!
You really did some good surfing here for this information. I have known of companies trying to extract money from people with OLD debts. There are probably lots of dishonest money collectors out there. I worked for a jewelry company when I first started working many moons ago. They had this unscrupulous debt collector in the office and man, he could collect OLD debts that people had never paid. He wore a fire arm on his belt. He meant to collect, and collect he did! 2 people like this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
I've heard that American Express is tough. But they would love me! I always pay in full at the end of the month and way back when, that was the basis of their card - spend but pay in full at the end of 30 days. Kind of like the first pre-paid card once you got past the first month. I could never figure out how they made interest. lol
As for carrying a side arm as a debt collector - just how old are you Barb? ROFL I thought that went out with the 40's! Too funny and rather scary really.
1 person likes this
@Barb42 (4214)
• United States
3 Aug 08
We use Discover card that way. We charge during the month and then pay it all off when the bill comes in. And they give you money, too.
The sidearm may have gone out in the 40's; I have no idea whether that is true or not. But he carried a sidearm and it might have been just for looks. But, too see him, it probably scared the people into paying their bills! As to how old I am, have you not visited my profile? I am older than my picture looks on my blog, but the picture is definitely me now. 
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
4 Aug 08
I was funning with you about the age thing. lol
I'm younger, look older and that makes me jealous of you! LOL My pics on my profile are 3 years old and those three years have made a BIG difference. You get to a certain age when suddenly one morning you're seeing your mother's face! LOL
@moondancer (7431)
• United States
3 Aug 08
Thank you for your time looking this up and posting it. It will be a lot of help to people, including me. My daughter paid a hospital bill on my granddaughter years ago. The insurance did not pay many people's bills and the company had to change insurance. But my daughter paid this and to this day 7 years later they call here harrasing me wanting my daughter, wanting me to pay the bill. They give me a huge hassle. We both have told them to take my number out of their lists and everything, they won't. My duaghter even spoke to a manager and told them that she paid the bill and it has nothing to do with me. Stop calling my mother she is very sick and disabled stop harrassing her. They said they were sorry and no one would ever call me again, but they do. Sometimes I get 3 calls or 4 a day. I can't remember the name of the company but I will jot it down next time they call and do what you said.
Thanks so much!
1 person likes this
@moondancer (7431)
• United States
5 Aug 08
Thank you spark. They have resorted to using the dreaded machines to call me with a message to hold on for an important meassage from, the company name. I wrote down the name and will do what you said to do today.
I have been having many medical issues giving me problems lately. That's why I've not had much action here for a week or two. I answer my mail and reply to them. That's about it and am glad I can do that much.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
Hey moon beam! It's just horrible when you're harrassed like this, isn't it? So my best suggestion is, the next time they call, tell them right off, that the Statute of Limitations on the Debt has run out and that you have reported their harrassment to the appropriate authority and if they call again, the call will be recorded and forwarded to the police.
Don't worry about the white lies - they won't know the difference. If you can report them - do! Because calling like they are also breaks the law. But from now on, when you get calls like this, whether the debt has been paid or not NEVER EVER admit to owing any money, or having already paid it out. Just tell them that the Statute of Limitations has run out and they are breaking the law now in harrassing you. And don't let them suck you into ANY kind of conversation, just hang up. Hugs.
@sparkofinsanity (20471)
• Regina, Saskatchewan
4 Aug 08
Oh moon beam! Life just really sucks sometimes, but for a treasured child, I would go into mountains of debt.
I hope that get all this straightened out soon. Keep me posted. Many hugs sweets.
@tessah (6617)
• United States
2 Aug 08
thank youuu for this information! i personally find it very useful considering i got in my mail two days ago.. a debt that not only have i already paid off years ago.. but that belonged to my ex well over 15 years ago!! i shant be writing out any checks now.. and will just be simply throwing away the letters without worry. if they start calling me to harrass me on it.. i will most definitely be citing these statutes and tearing them to shreds over it. yer a peach really
and umm. i dont have american express.. think satan will take citibank visa?? 
and umm. i dont have american express.. think satan will take citibank visa?? 2 people like this
@sparkofinsanity (20471)
• Regina, Saskatchewan
2 Aug 08
If you are being contacted about an old paid or unpaid debt - DENY
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
ROFL! I'll give horned old goat your regards!
1 person likes this
@Opal26 (17679)
• United States
3 Aug 08
Move over, guess I'll be going with you!It really
isn't funny
I am being harrassed everday 7 days a
week by the collection agency even after I have told them
that I am currently unemployed and am on social services. By
law they are not allowed to bother me. They want written proof
of this. I made the mistake of picking up the phone one day.
I had spoken to an attorney at Legal Aid who told me that I
don't even need to speak with them. I owe on a debt that was
originally $26,000 max on a Mastercard-It is now probably almost
$40,000 with all the additional finance charges etc. The are
willing to settle for half! Aren't they nice! I once told them
that they didn't have to keep raising the limit and I had been
paying on time for years when I could and I had a good credit
history until I lost my job and became ill. They have turned
my account over to I don't know how many different collection
agencies. I think it's been about 4 years or so now. They
just keep letting the phone ring all day. Don't they know
I have caller ID!
It really
isn't funnyI am being harrassed everday 7 days a
week by the collection agency even after I have told them
that I am currently unemployed and am on social services. By
law they are not allowed to bother me. They want written proof
of this. I made the mistake of picking up the phone one day.
I had spoken to an attorney at Legal Aid who told me that I
don't even need to speak with them. I owe on a debt that was
originally $26,000 max on a Mastercard-It is now probably almost
$40,000 with all the additional finance charges etc. The are
willing to settle for half! Aren't they nice! I once told them
that they didn't have to keep raising the limit and I had been
paying on time for years when I could and I had a good credit
history until I lost my job and became ill. They have turned
my account over to I don't know how many different collection
agencies. I think it's been about 4 years or so now. They
just keep letting the phone ring all day. Don't they know
I have caller ID!
@scorpiobabes (7225)
• United States
3 Aug 08
opal, you're not alone in this. I spoke to a lawyer (gotta love those free consulations!); he told me that to stop the calls, just write a letter and demand that all further communication be in writing. You're unemployed (like myself) and need the phone line free (and for you not to get upset) to secure employment, not have creditors hassle you. Read my story below--it happened just last week! Good luck getting it all straightened out! 
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
Scorpiobabes makes a great point Opal. And remember, NEVER ADMIT TO THE DEBT when talking to these people. Also do a web search with the key words in my discussion and find out what the limitation for collection is in your area. Then from now on, don't even talk to these people or Master Card. Just let the statue of limitations run out and if they continue to hassle you tell them to go to hell and you are reporting them for harrassment. Good luck.
@reckon21 (3477)
• Philippines
3 Aug 08
I have a credit card before. That was fun, the shopping
I mean. Then out of the blue I realized that I'm already
in so much debt. That begun my problems. I can't sleep at
night thinking about how to find money to pay off my debt.
The interest is adding every month. I regretted having a
credit card. It seemed like a curse.
I finally ask help from my sister. Thankfully she lend me
money and I was able to pay my debt. Now i don't have credit
card anymore. I refused to be tempted again. I couldn't live
that same agony. Goodbye credit card.
I know
it's my fault and i am happy now that it's over.
I know
it's my fault and i am happy now that it's over.2 people like this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
"Good bye credit card"...... a very wise decision Reckon. Good for you.
@1grnthmb (2055)
• United States
5 Aug 08
This is good information. I was forced to close my business in 2002 because I did not have the health to run it. I am still getting calls about the debts. I guess I only have one year left of harassments. But most of those actually went deliquent in 2000 when I started losing money and could not pay the debts so therefore they should be off the list. I know some are already but some just keep coming back up. We tried to get a mortgage loan last year and that seemed to wake a bunch of them up. We were not turned down because of my outstanding debt but rather because the mortgage crises had all ready started and they said that we could not afford the houses in this area. We got approval for a loan of $175,000 but the houses in this area are a lot higher then that. Bur just getting that approval was enough to have all those creditors start calling again.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
5 Aug 08
Well when they call, deny, deny, deny. Tell them you are recording them and passing the harrassment on to the appropriate authorities. Tell them you know they've 'bought' an old outstanding debtors list and should you be stupid enough to actually send them money, makes THEM guilty of fraud and you WILL prosecute! LOL I do that, and it stops them in their tracks.
@Lakota12 (42600)
• United States
3 Aug 08
thats one I dont have! and thanks for all this info .
For I got a letter the other day fo a dept I know got paid (altho I never got the item and wrote to them about it) but when ya buy a house or refinance you have to make sure you have all debts paid off.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
Ignore the letter then Lakota. If they phone you, DENY the debt. Don't get into a discussion about it having been paid off - that's grounds for further attempts to 're-collect'. Just deny, deny and hang up. Eventually they will go on to someone else.
@CinderInMySoul (4717)
• United States
3 Aug 08
you say its by state..the state that i was living in at the time the debt was gained..or the state that the issuing creditor is at?
in fact a couple of months ago i started getting a collection letter from a very old Target card account. i acquired the debt in california, am now living in arizona.
in fact im looking at 3 different collection letters 2 from the same company, and then i guess they sold it to another company but the amount i supposedly owe has gone up almost $100. (not the requested settlement amount but original amount due.)
this acccount hasnt been active for at the very least 6 years..maybe close to 8 years !!
i did a search on the limitations like you said and under California i got this "Written agreements: 4 years, calculated from the date of breach." this debt is well past 4 years (it would be a written agreement right?) so they are illegally contacting me to collect??
1 person likes this
@CinderInMySoul (4717)
• United States
3 Aug 08
oh ho! i found something that answers my question lol!
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
its where i signed the agreement..so that would be california..which is 4 years from the last payment i ever made, or even the date it first went overdue. (well over 4 years!)
another site i found says "Do note that statutes of limitations don’t affect a creditor’s right to hire collection agencies to keep trying to recover old debts from you. The statutes simply prevent them from seeking legal recourse."
http://www.destroydebt.com/articles/statute-of-limitation-on-debt.html
so..that means that its legal for the creditor to hire the collection agency to try to get the money, but that they cannot take me to court for it(or at least win in court since the article says its an absolute defense)..the only way that could legally be changed is if i admit to having the debt and make some form of payment (partial or otherwise) which would make the statute "waived" when/if i make a deal with the collection agency!!
oh thank god...the last letter was just this side of demanding..then it says that any payment, check etc. i make that "bounces" will cause another legal action! and since i barely make $500 a year anything i might write them is gonna bounce! i was really worried about this. cant get blood from stone!
thankyou sooo much for posting this, it gave me the terms i needed to search for!
one of those articles also says to tell them if they call that "The statute of limitations has expired" then hang up..which should make them back off since they realize that i know they cant intimidate me into makeing a payment!
thankyou thankyou!
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
LOL, You're welcome, you're welcome!
And as you said - it's not illegal to try to collect, but oddly it is illegal to actually collect! Most people don't realize that.
The key is to NEVER admit to the debt. Now when you get letters, throw them out. When you get calls, tell them they've been reported to the FCC and they should back off. Doesn't mean they won't sell your name to someone else, but hey, it's America! Land of free enterprise! LOL
@checapricorn (16060)
• United States
3 Aug 08
Hi sparks,
It may not apply to me this time, but thanks for sharing this information, I know it will benefit to many people!
Great job there!
1 person likes this
@checapricorn (16060)
• United States
4 Aug 08
You're welcome! I have nothing to pay, LOL! So, better me to stay away from it! LOL!
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
Thanks cappy, and thanks to for posting here even though you don't need the info. Good for you!
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
4 Aug 08
Life CAN be lived without credit cards. Do you think the idea will ever catch on? LOL
@moneyandgc (3428)
• United States
4 Aug 08
I just wanted to add something small to this discussion.
When I was searching Statute of Limitations a few months ago because I have some old debt, I found out that it is up the the company that you owe the money to to determine where they would like to sue you to get it back. For instance, my debt was all created in Mississippi where the SOL is 4 years; now I live in New Jersey and it is 6 years here for credit card debt. So if the SOL is up in Mississippi but I reside in NJ and it hasn't expired here yet, they can still sue me for the money.
My husband was told by his work that if you are active duty military, it is against the law to be sued by a collections agency or creditor while you are serving. They would have to wait until he gets out. I think it was part of the Soldiers and Sailors Act but I am not certain.
@sparkofinsanity (20471)
• Regina, Saskatchewan
4 Aug 08
Well that sucks. Doesn't seem right that if the entire debt was run up in one State and you move, that the term should become that of the State you are living in, unless you've added to the debt in that state. Here in Canada, the term for the statute applies based on the province you ran it up in, no matter where you live. Thanks for the new info.
@skinnychick (6905)
• United States
4 Aug 08
I'm with you sister!! What the limit in he11?? LOL
1 person likes this
@skinnychick (6905)
• United States
5 Aug 08
LMAO! I must have written this before I had my coffee!
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
4 Aug 08
ROFL! Chicky, you go to hell BECAUSE of credit cards, not WITH credit cards. That's why it's hell! LOL
@Hatley (163772)
• Garden Grove, California
3 Aug 08
hi sparks thanks for all the info, as I will be checking on
that, I owe a humongous debt to sears and have no way of
'paying it, and its at least ten years old. I had gone to adebt fhelp place that helped me to pay down on my Pennys and my Mervyns accounts so I could pay them off as they cut their interest to practically nil, but I could not ever even get the principle paid on Sears as they refused to cut their interest in the least so I had just been paying on the interest and not making any dent on the p riniple so finally just quit paying as it was not doing any good. now they keepdunning me altho its been over ten years.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
A couple of things come to mind right away on reading this Hatley.
1. When was the last time you spoke to someone about this debt and admitted you owed it?
2. When was the last time you actually made a payment?
Even though the original debt is 10 years old, your statute of limitations may now be changed as to date of expiry because you've been making payments or talking to collectors/Sear's about it.
So some advice:
1. DON'T talk to a collector or Sear's about it anymore. If they phone, hang up or block the number if you can.
2. DON'T admit to the debt anymore. Deny, deny, deny.
3. DON'T make anymore payments.
Let the 'new' time frame for the Statute of Limitations to run it's course. Do a web search for your State/Country and wee what that time frame is. Good Luck. Hugs.
@braver1987 (239)
• Italy
8 Aug 08
when u r going to hell call me..and tell me how is it and if it nice well..i still got time to change from beeing an "angel" to beeing a devil..heehe
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
8 Aug 08
LOL braver that was funny! Welcome to mylot!
FYI - by the time me and my friends are all in hell together, it's going to be more fun than Heaven! ROFL So give me your number and I'll be sure to call you!
@FaerieAne2003 (679)
• United States
3 Aug 08
Hell may be the only place that still accepts American Express, and Hell also accepts Discover, Visa, and MasterCard. And the Vikings will follow you there even if you DO flash your Capital One card at them!
I'm definitely hot on your heels for this journey. I owe $2500 to Discover. Having little-boy-teeth repairs at $1800 (AFTER my insurance paid) is quite a chunk.
Between the dentist and the economy, we're going broke trying to get the thing paid off! But for a single week in September, we've decided "to hell with it!" We're going on our very first KID-FREE vacation. In Panama City, Florida. We fully intend to "Discover" all of the joys of a nice hotel and good entertainment, with no regrets when the bill comes!
Thanks for the info on the debt collectors. I can't tell you how many I've had call me for my husband's ex-wife's debts! Just cause we're both "Mrs. Smith" means nothing!
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
LOL, Enjoy your vacation of Discover'y'!
For years after my first hubs and I divorced I was constantly harrassed for debts he ran up after the divorce, because I had kept his name (we had kids together). Then after he remarried his new wife's name which happens to be the same as mine and therefore her WHOLE name was too, had debt collectors calling me on HER debts! Seems she not only took my hubs, she took my SIN too! It took me years and getting married again, therefore new name, to straighten the whole mess out! I rather think exes should be shot as soon as the divorce papers are dry. 'nods,....'
1 person likes this
@mikeysmom (2088)
• United States
3 Aug 08
thank you so much for taking the time to give us this very important and useful information.
1 person likes this
@sparkofinsanity (20471)
• Regina, Saskatchewan
3 Aug 08
You're welcome. I hope it helps you if you ever need to use it.
