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Statute of Limitations to Debt Collection?

Statute of Limitations to Debt Collection? Topic: Write letter to collection agency
May 21, 2019 / By Toni
Question: Apparently I had a debt that was charged off (cell phone bill) in 2006, and TODAY I am getting calls from collection agencies asking me to setup payments for this account to resolve the $1200/$1300 debt. It was charged off 10/19/2006...and I have heard little about it in 10 years to even recall what happened with this cell phone...I only recall I was 18, first time independent, and at some point lost my job unexpectedly and had several bills behind/things shut off despite my best efforts. I dont run away from my debts, but I think it is ridiculous that 10 years later they are trying to collect from me and attempt to BULLY me on the phone to set up payments even though I asked for a letter stating this debt first. Is it too late for them to seriously pursue me, and can I send them a cease and desist citing such? I am in the state of VA, always have been. *To elaborate, on the oh so tactful responses...This is the the first I am hearing of this in 10 yrs, and the collection agent told ME it was charged off in 2006, and then tried to get me to arrange payments even when I said IF the debt is mine, I want written verification first. Was just asking about options, b/c if I don't get any notice in 10 yrs, I'm not going to be harassed in a hail mary yrs later when confirming the debt is nearly impossible for me after so long.
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Best Answers: Statute of Limitations to Debt Collection?

Rubina Rubina | 1 day ago
The statute of limitation depends on where you live. in Virginia, the Virginia Code, section 8.01-246 provides that the limitations period for a written contract is 5 years, although there are exceptions. If a debt is passed the statute of limitations, that simply means that no one can sue you for the debt. If a debt collector says that they can, they are lying and breaking the law - debt collectors are prohibited from lying to collect debts. Further, you have a right to make the debt collector stop contacting you - look it up on the Consumer Financial Protection Bureau's website - they have a standard form letter. If you think the collector has lied to you or broken the law in any other way - report them to the CFPB. If enough people complain about them, the CFPB or state authorities may eventually do something to stop them.
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Rubina Originally Answered: Can a collection agency file a 1099 on a debt that is past the statute of limitations?
> 1st per the Fair Debt Collection Practices Act, they have to send you a letter, do you dispute debt? For convenience, you can always say yes, or no, of course it is a moral question there, up to you. Did they send this letter originally? >This is a factored debt. Factoring is one of the fastest growing businesses in the U.S., buying and selling of debt, my guess they bought the debt for pennies on the dollar if it is that old. >Under the above law they cannot say anything they do not intend to do, like say they are going to sue, then don't would be a violation. >The only time a 1099 would be sent is if you made a settlement on a debt, and since you obviously did not make a settlement, this is an illegal, and unjust attempt at making you pay, and it is particularly dangerous to you, because if you pay $1 on the debt you have re-started the statue of limitations on the debt. >I would immeditately obtain all names involved, name of agency, gent who said that, and immediately contact the Federal Trade Commission, and the attorney general of your state. >This industry reigned in from calling people 25 yrs ago, making believe they were the city marshall, and were on their way to pick up someones furniture.......was regulated successfully by the FDCPA, the law mentioned above. The factoring business, buying and selling of debt has opened a whole new avenue of abuse, whereas they even sometimes will sue someone. like your situation, beyond the statute of lims with the hope the consumer doesn't show up in court, court not knowing the situation gives judgement to shady attrny for agency. >The debt collection agency business, originally corrected by the above law, has now reverted to practices like this, and are in need of new legislation to stop the abuse, also, the debt settlement companies are getting away w/enormous predator violations. Federal officials are focused on homeland security, I had a similar fraud situation, mailed all info to local FBI, actually spoke to an agent, who told me that much of the "schemes" in this situation are now on the backburner, homeland security their main focus. >Immediatly contact the FTC & the Attorney General of your state and file a written complaint.

Nelda Nelda
OK, to clear up some misinformation, first of all, a debt collector can still sue you past the statute of limitations. However, you can bring up the statute of limitations as an affirmative defense. Second of all, the debt never goes away. They can continue to pursue you for the debt until the end of time, or you die, which ever comes first.
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Louanna Louanna
Don't negotiate anything over the phone. As soon as you start discussions with them, the clock gets set back to day 1 and they have another 6 years All you ever say is "I do not acknowledge this debt. I am demanding a Debt validation Letter be sent to my home address. In addition you are to immediately Cease and Desist all calls to this number and any and all future communication may only take place in writing" That's it. Don't tell them the debt was written off. Don't say you already paid it. Don't say the statute of limitations has passed. The ONLY thing to keep saying is " I do not acknowledge this debt"
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Kathy Kathy
You say the debt was "charged off". What does that mean? What documentation do you have? Keep in mind that many companies (including cell phone companies) sell off their bad debts as a large package for a fraction of the debt value to someone else. The package includes debts no longer owed due to bankruptcy practice and for other reasons. It makes no difference to the buyer as he will try to scare money from anyone he can and this may be what is going on. However, if you have no written documentation of the loan being forgiven, he may have a case.
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Hester Hester
I'll do this for you one time. When I just googled "statute of limitations debt virginia" I got 391,000 links in 0.63 seconds. The very first was this: "Virginia has a statute of limitations of six years for nearly all debts, including written contracts, oral contracts and open-ended accounts such as credit cards. That means that once such a debt is six years overdue, creditors can no longer attempt to collect the owed money.Sep 12, 2012." Next time do it yourself.
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Hester Originally Answered: Have you been contacted by a debt collector trying to collect on an old debt past the statute of Limitations?
Hi! Yes..and JDB's (Junk Debt Buyers) have a bad habit of re-aging lines. I have not had it happen personally..I have two bothering me, though. They may even get a judgement..but that can be overturned..just know your rights. Oh..one more thing..in some states all you have to do is agree to a payment arrangement to restart the statute clock. Please be careful.

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