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Author: aj485 Big gold star, 5000 posts Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308454  
Subject: Re: Collection Rules... Date: 5/17/2012 8:58 PM
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4. Your debt may be too old for us to do anything about it
"Stale debt is not collectible," advises Atlanta bankruptcy attorney Jonathan Ginsburg. "Every state has a statute of limitations that makes debt of a certain age not collectible. Debt collectors are not currently obligated to advise you that they cannot sue you or legally ding your credit report if you refuse to pay stale debt."


The attorney is misleading people.

While, after a time that the state sets, collectors cannot sue, and 7 years 180 days after the delinquency first occurs, collectors are not allowed to legally 'ding' your credit report, legitimately owed debt is always collectible, as long as collectors follow the FDCPA. This means that they can call(but not harrass) between 8 am - 9 pm local time to ask for payment of the debt.

"Seniors are constantly targeted for old debts," says Alex Viecco of New Era Debt Solutions. Viecco says his firm is seeing a trend where debts that were the result of identity theft are "coming back around for consumers. They certainly do not remember it, and suddenly (collectors) act as if it was theirs." He says his firm also hears from clients who complain about old medical debts that should have been paid by the insurance company and resurface years later

Well, the links given don't actually lead to the article, so I'm unable to see if any additional advice was given, but hopefully the people quoted in the article suggested that in cases like this, consumers should be asking for 'validation of debt'. This requires the collector to prove, with documentation from the original creditor, that the debt is legitimately owed by the consumer. www.creditinfocenter.com gives a good explanation of the validation of debt process.

AJ
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