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How long can they attempt to collect for on this?

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To make a long story short, I had a checking account that I closed but the bank failed to close it properly and charged 3 months of overdraft fees even when I didn't have that protection. I found out a year later they didn't close it right and I owed them money. Well I refused to pay and even had a bank manager say it was their error. That was five years ago plus a few months because I don't remember. They put me on that list where you can't have a checking account but I am now off it (it has been that long). Now yesterday I had a phone call from Leading Edge saying they were collecting for it. I noticed the original checking account is only on one report but not the other two and Leading Edge is listed on TransUnion but the bank is not. How long can they stay on there?

Also, does anyone know what happens to your score when you don't have anything on your credit report? Experian has removed everything.




Unregistered

Sub: #1 OK first off you need to tell us what state you live in? If the
Thu, 01/08/2009 - 18:25

OK first off you need to tell us what state you live in? If the SOL has passed then they cannot sue you but can still try to collect. If they do sue you and the SOL has expired you can get it dismissed right away. In some states if you verbally acknowledge the debt or make a small payment or acknowledge it in writing it may restart the SOL.

The time it remains on your credit report is up to 7.5 years.




Unregistered

Sub: #2 I am in Utah. Is the SOL different since it was a checking acco
Thu, 01/08/2009 - 18:41

I am in Utah. Is the SOL different since it was a checking account?




Unregistered

Sub: #3 6 years for a contract and 4 years on an open account. I am 99%
Thu, 01/08/2009 - 18:50

6 years for a contract and 4 years on an open account. I am 99% sure that it would fall under the 4 years, but then again I had a 1 in 880,000 chance of getting cancer......lol....and I had it twice!!!!!!!!!

Hopefully someone else will help fill in my last 1% and concur.




Unregistered

Sub: #4 They can try to collect until the cows come home. You should se
Thu, 01/08/2009 - 20:31

They can try to collect until the cows come home. You should send the a cease and desist letter. If it is still within sol then I would not go that route.




Unregistered

Sub: #5 Leading Edge is required to send you written notice of their att
Thu, 01/08/2009 - 20:37

Leading Edge is required to send you written notice of their attempt to collect this debt. Once they do send them a debt validation letter asking them to completely prove the debt, which will state the date of last payment.
Once you get the date then you will know when the SOL expires/expired.




Unregistered

Sub: #6 check loans
Mon, 02/09/2009 - 08:53

My husband had 2 check loans from 1995 and they are still trying to collect. How long do we have before the debt can be written off or they can no longer try to collect? We live in UT. If the amount due is under $500 is it even worth it for them to take legal action?




pokertramp
Debt Samaritan
Posts: 512
Credits: 2791.5

Sub: #7 The debt gets written off 180 days from last payment. Are you s
Mon, 02/09/2009 - 09:50

The debt gets written off 180 days from last payment. Are you saying that the last time you paid was in 1995?

The statute of limitations in your state is:

Open Account (credit card): 4 years
Written Contract: 6 years
Domestic Judgment: 8 year
Foreign Judgment: 8 years


Most likely it falls under a written contract so if it has been more than 6 years they can try to collect it by phone or mail. They CANNOT sue you, if they do you can have their case thrown out of court and you can counter-sue them at the same time.

If they are calling or writing to you all you need to do is send a cease and desist order telling them not to contact you any further by any means. Advise them no legal action can be taken as the ALLEGED debt is time barred.

If the last time you made a payment is more than 7.6 years old, check your credit reports to make sure a debt collector is not on there, if they are dispute it.




Unregistered

Sub: #8 18 year old debt collection?
Mon, 04/27/2009 - 10:22

I had a bealls dept store credit card which was sent to collections 1993. I settled out 1994 and heard nothing or seen anything on credit report since now today I recive collection notice for 223 dollars? I required and they said I owe this debt? I have no proof this long later but they are sending me to collections I told this this was absurd I paid this 18 yrs ago not paying now. Help! Is this for real? I know bealls recently changed finance companie
C
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NASCAR_Devil


Posts: 4668
Credits: 30821.994972777

Sub: #9 Send them a full cease comm. SOL and federal reporting period h
Mon, 04/27/2009 - 10:42

Send them a full cease comm. SOL and federal reporting period have expired. You have no legal obligation to pay this debt. If it shows up on your credit report, sue them for violations of the FCRA.




FYI

Posts: 1950
Credits: 20054.35

Sub: #10 If a debt remains unpaid it can still be collected on. If they S
Mon, 04/27/2009 - 19:30

If a debt remains unpaid it can still be collected on. If they SoL expired then this just prevents you from being sued for it. The CBR and SoL are not a majic wand to make the debt dissapear. Only paying it or filing bankrupcy can do that.




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