Robert
Irvine,#2Consumer Comment
Wed, March 26, 2008
The first thing you need to do is STOP talking to them on the phone. ALL communications should be through mail only. If you went delinquent in 1996, you probably were under no obligation to pay anything on the account in 2004. Because the Statute of Limitations was probably past. However, once you paid them you reset the SOL. If you have always been in CO you are fine, because for Credit Card Debt the SOL is 3 years. So they only had until 2007 to take legal action against you. The only thing you have to be sure of here is that if you had/used this account while you lived in another state. If that state has a longer SOL they could use that and they "might" still file a suit against you. No matter about the SOL, this IS beyond the reporting period for your credit report. So it can not be put back on your report. If it does show up you can send in a dispute to have it removed. If you are outside the SOL you can send them a "Drop Dead" letter. In the letter state that the debt is beyond the Statute of Limitations and Credit Reporting Period. Also, state that they are to no longer contact you by phone or mail about it again. Send it by certified mail with a return receipt. Once they receive it if they contact you, except to tell you that they are stopping, it is a violation of the Fair Debt Collection Practices Act(FDCPA). You can then take action against them.