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tylerrae03

10 year 1 month old debt.

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I got a voicemail forwarded to me last week of a collection agency threatening to sue me. 

 

Finally find out it’s from an account closed in September 2009 (from a bank, if that matters). It’s never shown on any credit report. 

 

He couldnt give me any details on the collection, just the date and what company. 

 

Nor could he send me any bill or statement regarding the collection. 

 

It seems odd, ten years later I am now being threatened to be sued over this and have no info backing it. 

 

Help! 

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Under the Fair Debt Collection Practices Act, "the threat to take any action that cannot legally be taken or that is not intended to be taken" is considered to be a false or misleading misrepresentation and a violation of the statute.

 

The threat to sue to enforce a debt that is "time barred" (i.e. the statute of limitations has run and a judgment can no longer be sought) would qualify under this language.  You may be eligible to sue the CA and be awarded statutory damages.

 

As MarvBear alludes, some debts are exempt from SOL provisions, including some student loans.  However, from your language I suspect this is not the case.  Further, this sounds very much like a "zombie" debt collector -- firms that specialize in collection of time-barred debt.

 

I'll let others more versed in this subject advise further ...

 

 

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17 hours ago, tylerrae03 said:

I got a voicemail forwarded to me last week of a collection agency threatening to sue me. 

 

Finally find out it’s from an account closed in September 2009 (from a bank, if that matters). It’s never shown on any credit report. 

 

He couldnt give me any details on the collection, just the date and what company. 

 

Nor could he send me any bill or statement regarding the collection. 

 

It seems odd, ten years later I am now being threatened to be sued over this and have no info backing it. 

 

Help! 

It’s a scam.  The call was from some low-level JDB who was probably calling out of his Mom’s basement.  He was just trying to scare you into paying.  

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Account closure date is a red herring.  What IS relevant is when the account went delinquent and never again returned to a positive status...in other words, the delinquency that immediately preceded the charge-off event. 

 

As a general rule, you cannot be the subject of a successfully maintained action on defaulted debt of that age, although there is requirement to assert the affirmative defense of limitations expiry (as well as laches).  There are SOME financial matters that CAN still be sued at that late date and that would have a bank involved, but more information would be required to determine whether this was one of those unique situations...

 

Threats to litigate are not uncommon, regardless of whether it is a credit-related matter or not.  VERY FEW actually have a clue about the day-to-day practices of civil litigation.  The bottom line here is that a salvo was fired.  The next move is up to OP...

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The Fair Debt Collection Practices Act does not prohibit lawsuits for time-barred debt. In most jurisdictions they can still sue you, but in your case you probably have the statute of limitations as an affirmative defense if it goes that far.  In some cases the clock on the SOL can be reset, such as by making a partial payment or in some jurisdictions even admitting that you owe the debt -- so be careful you don't do or say anything that could reset the clock.  In fact, don't talk to them on the phone at all -- ALL communications should be written correspondence, and anything you sent them should be CMRRR.  If they don't send you anything in the mail, then they're not serious about pursuing this alleged debt, and you should just ignore them unless they become a serious nuisance. 

 

As stated above, the FDCPA does prohibit threats to sue when the creditor/collector has no intention of doing so, but that can be difficult to prove and expensive to pursue in court.

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