Jump to content

Sign in to follow this  
SandwichFace

Getting calls after Statute of Limitations... What are my options?

Recommended Posts

I had a US Bank checking account the went negative. After fees, they're saying it's -400 bucks. The account was opened about 12 years ago and I haven't done anything with it in probably 8 years. I'm positive this is past the Statute of Limitations.

 

-What can I do to get them to stop calling?

-If not, can I somehow leverage all their calls into some kind of lawsuit to get them to stop?

 

They told me the account's only been charged off for 4 years but I find that hard to believe. Also, I don't think that really matters. I believe what truly matters is when is the last time I paid on the account.

 

Not to mention, I've since won a lawsuit against US Bank over a credit card where they had to forgive about $10,000 and also pay me $3000 on top of it. I'm shocked they're now coming after me for $400 on such an old account.

Share this post


Link to post
Share on other sites

Not sure why you are shocked...litigation likely contributed to them looking into ANY financial dealings you ever had with them. At this juncture, you don't seem to have any documentation regarding the account, which puts the ball back in their court at the moment.

 

By 'paid on the account,' I am presuming you mean made a deposit, but that has precisely zero to do with activity on a checking account. Further, until such time as you know what you are dealing with, you don't know that it is beyond a limitations period. However, even if the limitations period for litigation had been surpassed, it does not preclude them from calling you.

 

You also do not indicate whether these are calls that you are answering or if these are calls going unanswered. That is ALSO a component of the equation in terms of how to guide...

 

Oh, and don't forget that in the interim, you are going to have potential issues opening new checking accounts elsewhere since you have probably been added to Chex. Your review of THAT report should be a useful starting point...

Share this post


Link to post
Share on other sites

-Correct, I have no documentation of this account. I don't recall having a checking account with them in bad standing, but when things went south I was MUCH more concerned about the 10,000 in credit.

 

-I'm not sure of the differences between checking and credit accounts when it comes to these situations. I believe statute of limitations for collections on credit cards is based off of the last time you paid on the account. How is statue of limitations different for checking accounts?

 

-I answered the phone today, but the was the first and only time. I had just made some calls to hospitals about paying some medical bills (not in collections) and I thought this was them calling me back. When I gave my birth date to verify who I was, then I figured out who I was actually talking to and got off of the phone. I tried not to say too much, but honestly I should've just hung up right away instead of trying to figure out who I was talking to.

 

-I have a credit union and a bank checking account, although I know that something is on my chexsystems. You're right, maybe I'll get that information and start from there.

Share this post


Link to post
Share on other sites

if it's a legit CA, they should be sending you a letter within 5 days of first contact

 

when you get it , send them the FOAD letter

Share this post


Link to post
Share on other sites

I'm not the one that opened the account, so I don't know what sorts of fees might have accumulated. Some have monthly fees, some have fees for balances below a threshold and then there is also fees if something came through and was NSF. And once deficient, additional fees accumulate. It is nowhere near enough to just write a check to one's self that zeroes out the balance. That is no protection whatsoever. This is why one should ALWAYS go and close an account in person AND make sure they keep the paperwork related to the closing...

 

You have had ONE call. That is not harassment, even if it was from a third-party. However, you should not be afraid to talk to an OC in the first place. Where resolution can be had, that is one of the things they will be looking at. Flies, honey, all that stuff...

Edited by centex

Share this post


Link to post
Share on other sites

You have had ONE call. That is not harassment, even if it was from a third-party. However, you should not be afraid to talk to an OC in the first place. Where resolution can be had, that is one of the things they will be looking at. Flies, honey, all that stuff...

No, looking back through my phone, I've have about 15 calls in the past two weeks. My phone says "Suspicious Caller" or something like that on the caller ID so I hadn't been answering, but yes, I've only answered ONE call.

 

When they called he rattled off his name and company SO fast that I still don't know who/where he was calling from. I had to ask him to slow down several times to figure out what he was actually saying. He did say collection company for US Bank but he said they don't buy the debt, they just work for US Bank. Regardless, I told him I'm not comfortable talking with him on the phone regarding the issue and I didn't know what account he's talking about. Which is true, because I really don't know what account this is. I think the next steps will be to get my chexsystems report and go from there.

Share this post


Link to post
Share on other sites

What state? They can legally ask you to pay until time stops, but if it is beyond the SOL they cannot threaten legal action without violating the FDCPA. If it's the bank itself calling, the FDCPA does not apply but state laws may .Also be aware banks are exempt from a lot of consumer laws.

Share this post


Link to post
Share on other sites

I believe the account was opened in California, but went delinquent when I lived in Illinois. Since then I have lived in Ohio and now Washington. Which state laws will apply here?

Share this post


Link to post
Share on other sites

 

You have had ONE call. That is not harassment, even if it was from a third-party. However, you should not be afraid to talk to an OC in the first place. Where resolution can be had, that is one of the things they will be looking at. Flies, honey, all that stuff...

No, looking back through my phone, I've have about 15 calls in the past two weeks. My phone says "Suspicious Caller" or something like that on the caller ID so I hadn't been answering, but yes, I've only answered ONE call.

 

When they called he rattled off his name and company SO fast that I still don't know who/where he was calling from. I had to ask him to slow down several times to figure out what he was actually saying. He did say collection company for US Bank but he said they don't buy the debt, they just work for US Bank. Regardless, I told him I'm not comfortable talking with him on the phone regarding the issue and I didn't know what account he's talking about. Which is true, because I really don't know what account this is. I think the next steps will be to get my chexsystems report and go from there.

 

From the standpoint of a rational jurist, you had one call. You chose not to answer other calls, so they are permitted to continue calling until such time as they make contact. You have spoken with them ONE time. That is ONE call. Sandbox rules change if you had spoken with them multiple times, given them something in writing telling them not to call and they then continued to call you...

Share this post


Link to post
Share on other sites

I believe the account was opened in California, but went delinquent when I lived in Illinois. Since then I have lived in Ohio and now Washington. Which state laws will apply here?

As far as the collection activities, unfortunately not California. CA has their state version of the FDCPA which mirrors, virtually word for word, the federal statute with the extra bonus of including OCs.

 

It's hard to say if yours is a CA or the OC. I'm not sure if US Bank operates the same way AmEx does in that they use dedicated staff from a CA, tightly controlled by AmEx personnel, to collect for them. The FTC has issued an opinion that in that regard they are considered OC.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Today's Birthdays

  • Member Statistics

    • Total Members
      175,570
    • Most Online
      1,528

    Newest Member
    HelpMeRhonda221
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×

Important Information

Guidelines