Robert
Buffalo,#2Consumer Comment
Mon, January 21, 2008
""The only way we are ever going to correct this is to elect a President that is not owned by the corporations."" And how is that going to get the laws CHANGED???? CONGRESS makes law, not the president.
Robert
Irvine,#3Consumer Comment
Mon, January 21, 2008
Until a debt is paid a creditor can attempt to collect it basically forever. What has happened is that yours was probably bought by a Junk Debt Buyer(JDB) and they are asking you to pay hoping you don't know your rights. As to your rights you are ALMOST correct. What you are talking about is two things. The first is the Statute of Limitations, this is NOT a federal law but varies by state. You apparently looked it up in your state and it is 4 years. All this means is that they can not prevail in a suit because you are now "time bared". It does not keep them from attempting to collect. The second is a Federal law called the Fair Debt Collection Practices Act. This states that a negative item can not be listed on your credit report for more than 7 years(actually 7.5 but that is another story). So once you are past 7 years it can no longer be listed on your credit report. The only way you can get them to stop is to pay them, which is not needed. Or send them a Cease and Desist letter by certified mail. In the letter state that this debt is "time bared" because of the Statute of Limitations and they are to no longer contact you about the debt. If after that they do(other than to tell you they will stop), they are in violation of the FDCPA(Fair Debt Collection Practices Act) and you can then file a civil suit for $1000 against them.