There is a Collection Agency which is trying to collect an old debt that doesn't show up on my Credit Report anymore. At one point I did own a payment plan beside another Collection Agency, but stopped paying after they called me, and threaten to sue if I didn't rate the balance in 24 hours, which I couldn't do.
Today I received a letter from another Collection Agency trying to collect on matching debt, and they show up on my Credit Report with date of ending activity human being 05/2008. I know there is a Statue of Limitation of 4 years within California on which they can collect. My question is since I did kind a payment to the prior Collection Agency, did the Statue of Limitation start over again?
Answers: Like some of the others mentioned, if it is olden the reporting period it would be unlawful for them to reage the account and place it rear legs on your reports.
In California once the account is charged stale (book is closed) NO payment can reset the collecting SOL:
"However, if the duty sued upon constitutes an open book depiction, the statute of limitations begins to run from the date of the concluding entry on the account. Code of Civil Procedure ยง 337(2). But an instigate book account become closed, and the statute of limitations begins to run, once the statement creditor ceases to extend credit on the portrayal and there is no further commotion on the account excluding payment man made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972."
Along with the protection the FTC offer under the FDCPA (and FCRA), California also have it's own version of an FDCPA and the California Penal Code.
An example of what you can find surrounded by the CPA:
PENAL CODE SECTION 523.
Every person who, next to intent to extort any money or other property from another, sends or delivers to any entity any letter or other writing, whether subscribed or not, expressing or imply, or adapted to imply, any threat such as is specified contained by Section 519, is punishable in like peas in a pod manner as if such money or property be actually obtain by means of such threat.
An example of the California FDCPA
81.
In Kimber v.Federal Financial Corp.(M.D.Ala.1987)668 F.Supp.1480, the court held that it is "unreasonable " within the aim of the federal statute to file a time-barred collection suit against a consumer,and that it is a disingenuous act to even threaten to directory such a suit.
I would suggest that you read the FTC FDCPA and FCRA and also the California FDCPA and Penal Code.
I have links to the FTC sites down in my profile, but not the to the California sites.
++++++
stifle for your additional details
In California - once the depiction is charged off by the innovative creditor - any payment you sort to anyone "cannot" reset the collecting SOL.
You might click on the last connection I have tabled in my profile to a free credit discussion board. Do some reading contained by the Newbie Forum and then contained by the Credit Forum.
It is a totally free site where you can cram more about the law in your state, use the taste letter template, post any questions you may enjoy, etc.
Negatives age off your credit report 7-1/2 years from the date of first not as much as. If this item is beyond that reporting period and have been put subsidise on our credit report, dispute it with the credit bureau. NOTHING can restart the reporting term clock.
However, payment does restart the Statute of Limitations (SOL), the timeframe to bring lawsuit. If the concluding payment you made is in 4 years, this new collection agency can lug you to court.
Even if the debt is beyond the reporting period and the SOL, collection agencies can still try to collect.
First, whether it is on your credit report have absolutely no deportment on whether they can collect.
Second, the statute of limitations is usually from the last time that you any paid something or agreed to retribution something, whichever is later.
Suze Orman recurrently notes that if the completion of the statute of limitations is nearing, it is usually better to pay nil than to pay something.
Perhaps Annazz could educate us with a source to her statement that debts stay on your collection for 8 years...when the FCRA clearly states 7.
Anyway, I'm afraid you are screwed. The Statute of Limitations can be reset if you make a donation on the debt.
However, the credit reporting date can NOT be reset. They can not place this debt on your record for more after 7 years from the date of the FIRST delinquency.
You say they sent this to another collection agency? I'm wondering if they even know you made a allowance. Send them a letter demanding that they confirm this debt and show exactly what you owe and all of the library.
I'm going to bet they can not supply you with this info.
An older, unpaid debt not charged off can remain upon your credit report contained by California for 8 years.
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Today I received a letter from another Collection Agency trying to collect on matching debt, and they show up on my Credit Report with date of ending activity human being 05/2008. I know there is a Statue of Limitation of 4 years within California on which they can collect. My question is since I did kind a payment to the prior Collection Agency, did the Statue of Limitation start over again?
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Answers: Like some of the others mentioned, if it is olden the reporting period it would be unlawful for them to reage the account and place it rear legs on your reports.
In California once the account is charged stale (book is closed) NO payment can reset the collecting SOL:
"However, if the duty sued upon constitutes an open book depiction, the statute of limitations begins to run from the date of the concluding entry on the account. Code of Civil Procedure ยง 337(2). But an instigate book account become closed, and the statute of limitations begins to run, once the statement creditor ceases to extend credit on the portrayal and there is no further commotion on the account excluding payment man made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972."
Along with the protection the FTC offer under the FDCPA (and FCRA), California also have it's own version of an FDCPA and the California Penal Code.
An example of what you can find surrounded by the CPA:
PENAL CODE SECTION 523.
Every person who, next to intent to extort any money or other property from another, sends or delivers to any entity any letter or other writing, whether subscribed or not, expressing or imply, or adapted to imply, any threat such as is specified contained by Section 519, is punishable in like peas in a pod manner as if such money or property be actually obtain by means of such threat.
An example of the California FDCPA
81.
In Kimber v.Federal Financial Corp.(M.D.Ala.1987)668 F.Supp.1480, the court held that it is "unreasonable " within the aim of the federal statute to file a time-barred collection suit against a consumer,and that it is a disingenuous act to even threaten to directory such a suit.
I would suggest that you read the FTC FDCPA and FCRA and also the California FDCPA and Penal Code.
I have links to the FTC sites down in my profile, but not the to the California sites.
++++++
stifle for your additional details
In California - once the depiction is charged off by the innovative creditor - any payment you sort to anyone "cannot" reset the collecting SOL.
You might click on the last connection I have tabled in my profile to a free credit discussion board. Do some reading contained by the Newbie Forum and then contained by the Credit Forum.
It is a totally free site where you can cram more about the law in your state, use the taste letter template, post any questions you may enjoy, etc.
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Negatives age off your credit report 7-1/2 years from the date of first not as much as. If this item is beyond that reporting period and have been put subsidise on our credit report, dispute it with the credit bureau. NOTHING can restart the reporting term clock.
However, payment does restart the Statute of Limitations (SOL), the timeframe to bring lawsuit. If the concluding payment you made is in 4 years, this new collection agency can lug you to court.
Even if the debt is beyond the reporting period and the SOL, collection agencies can still try to collect.
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First, whether it is on your credit report have absolutely no deportment on whether they can collect.
Second, the statute of limitations is usually from the last time that you any paid something or agreed to retribution something, whichever is later.
Suze Orman recurrently notes that if the completion of the statute of limitations is nearing, it is usually better to pay nil than to pay something.
Not paying for online tutoring?
Perhaps Annazz could educate us with a source to her statement that debts stay on your collection for 8 years...when the FCRA clearly states 7.
Anyway, I'm afraid you are screwed. The Statute of Limitations can be reset if you make a donation on the debt.
However, the credit reporting date can NOT be reset. They can not place this debt on your record for more after 7 years from the date of the FIRST delinquency.
You say they sent this to another collection agency? I'm wondering if they even know you made a allowance. Send them a letter demanding that they confirm this debt and show exactly what you owe and all of the library.
I'm going to bet they can not supply you with this info.
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An older, unpaid debt not charged off can remain upon your credit report contained by California for 8 years.
Resolved Questions: