Collection question

Posted by fgbuchanan

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In 1999 I was laid off after only a couple weeks on the job ( company financial problems). At my exit interview I was given my last check.
A week or so later I received another check. Since I thought this was some kind of severance check, I cashed it.
In 2003 a collection agency called demanding I repay the money. I told them I didn't owe anything and never heard back. About three weeks ago this same company called again demanding payment. Again I disputed the charge.

My question: After all these years, if I actually owe this money, can they collect? If I refuse to acknowledge this so-called debt can the collection agency report this to the credit bureau?

Thx, FGB

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uky2005 says:

If they can prove that you owe it they can report it but only for seven years since it was an expense from 1999 they cannot add to your credit report now 2008 and chances are it is past the SOL for your state. You should check though because some states have very long statues of limitations. If you find that the SOL has expired you can write the CA and tell them that you do not wish to be contacted regarding this matter and the debt is not actionable due to SOL. Once they have been informed that you do not wish to be contacted again they legally can not. They can only contact you in writing to tell you what they plan to do but they are not allowed to call you again and if they do they are in violation of the Fair Debt Collection Act and can be sued for 1,000 per violation.

Thu May 29, 2008 08:04:27 AM