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Just checked my credit report, I found a debt buyer on an old credit card even though its been closed by the original creditor!

Highland Park, IL |

Its an old credit card from 2007 , I stopped paying because i lost my job and had some problems, the credit report shows that the original creditor closed the account,but there is a debt buyer starts from 2011 ! and it shows the amount is increasing 20 dollars a month! ! whats the statue of limitation on credit cards in IL isn't it 4-5 years? whats happening here ? do the debt buyers sue all the time and when? I just moved to a different state ,How to know when they sue..please help I am not too good at those issues

Attorney Answers 3

Posted

If the debt buyer bought the junk debt and they filed a lawsuit that you were not served and they got a judgment, then they can follow you until they find you an they will start harassing you. Depending on your State's Statute of limitations, this debt may be already barred. However, this is no barrier for these type of collectors, they will hound you, sue you and garnish your wages until you surrender. My position is this. If they contact you through any means, do not talk to them, take the letter to a consumer lawyer and let your lawyer deal with this issue. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

You need to know if this debt collector sued & obtained a court judgment. Look at the public records section of your credit report to see if any court actions are listed. If a creditor obtained a court judgment, the SOL no longer applies and the judgment can follow you anywhere under the full faith & credit clause of the US constitution.

If the credit report doesn't show a public record, that is not a guarantee that there isn't a court judgment, so you still should do an online search for a judgment. But in the meantime, file a dispute with the credit bureaus.

The issue you raised of the original creditor closing the account would not have any legal bearing on this issue one way or another. Hope this perspective helps!

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Posted

The SOL for credit cards is 5 years from when your account was closed, however the SOL can be waived (if you know of a lawsuit and fail to tell the Court that the debt was more than 5 years old), so it is important to know if they sue so you may use the opportunity to have the Court declare the debt void due to the SOL. One way to do this is to write the creditor informing that they have a bad debt, along with your contact information. Thereafter, if they sue you not only will they know how to notify you, but you also may have additional claims based on knowing bad faith collection of an extinguished debt.

All postings are first impression opinions only, and are not intended to be taken as legal advice or to be acted upon without review of the underlying facts and further refining of such opinions to account for these facts. No attorney client relationship is created by this posting, and these communications are not privileged and are part of the public domain.

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3 comments

Asker

Posted

from when the account was closed ! doesn't the SOL start from the last payment ( the instant i miss a payment )?

Asker

Posted

thanks so much for the answer : could you please explain what you mean by (write the creditor informing that they have a bad debt)!

Felipe Nery Gomez

Felipe Nery Gomez

Posted

When the SOL begins to run actually depends on the facts, and by "closed" I meant abandoned by the cardholder, not when the account is "charged off" by the original lender. While a SOL can run from the date you fail to pay the requested amount in full (e.g by the date demanded in the invoice), a series of partial payments, or intermittent payments, could serve to toll the statute until you entirely fail to pay after demand. In many instances people fail to pay the full amount, or anything for awhile, and the bank then "refinances" them and issues a new statement, or a series of statements that are ignored, and then the cardholder may make another partial payment, creating a new "contract", which is not breached until you fail to pay anything and do not use the card again (e.g usually 30 days, or whatever the payment period allowed is, after getting a current invoice and then ignoring it). There are other factors which can alter when the claim "accrues" for SOL purposes, including tolling statutes. Thank you for the comment and pointing out my lack of clarity.