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Summons? CC debt from 2007 - SOL ?? HELP!

Boise, ID |

Man from collection agency in CA is saying that the SOL starts on the charge off date which was 2010 - I am in IDAHO and the SOL is 4 years for open debts and the last payment was made in 2007. Is this a phishing scam from a collection agency? Says I will be served a summons if I don't accept the offer he has made to pay said debt. what should I do? Is this debt even relevant due to SOL?

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Attorney answers 5

Posted

Smells like a scam.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

They are wrong. The chargeoff date is the date the card issuer had to mark it off it's books, meaning you last payment or last missed statement was a minimum 6 months earlier. Check with a local consumer lawyer as to teh application of the SOL here, or if ID has a borrowing statute, if that applies here as well. If the collection agency threatens suit and you are reasonably sure you are outside the SOL, you may have a claim via the FDCPA.

Asker

Posted

the third party is saying that they will go after my income tax return if the debt isn't paid, can they do that? And the guy calls at least once a day and is threatening that I will be served a summons...the initial debt was 933.00 he is saying that because of interest it is 2890. How can I make this go away?

Posted

I agree with Mr. Adams. To protect yourself, write a letter to the collection agency - send by certified mail, return receipt requested -- asking for verification of the debt and the amount owed. Keep track (via a diary or log) of each telephone call you receive from this agency.

You should also see a lawyer who practices consumer protection law and knows his or her way around the Fair Credit Reporting Act. It could be that you will be the one serving the summons for your own complaint, not the agency.

Nothing contained in this answer constitutes specific or complete legal advice to the questioner and is for general informational purposes only. My response is based only on the facts presented, and may change based on additional facts or different information about your situation. In other words, you are only getting the tip of the iceberg – consult with a lawyer if you think what you read here might apply to you and your situation. I am an attorney licensed to practice only in Massachusetts state and federal courts. To the extent that I am responding to a question posed by an individual in a different state, my response is given as a general opinion based only on my experience and knowledge acquired in the state and area in which I practice, and the questioner is ALWAYS advised to consult a local attorney for a more specific and definitive answer to the question posed.

Posted

SOL begins running on the day the last payment was made or the last date you acknowledged owing the debt. It does NOT start running from charge-off.

The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for in a response to an on-line question. Any answer, discussion or information is intended as general information only, is not intended to serve as legal advice or as a substitute for legal counsel, and should not be relied upon in making any decision. If you have a question about a specific factual situation, you should contact an attorney directly.

Brenda Susan Nelis

Brenda Susan Nelis

Posted

Some jurisdictions do argue that the statute begins to run from the first missed payment (or 30 days after the last payment was made). I am unsure how Idaho's law works with regard to date of default v. date of last payment.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

Without running afoul or Avvo's restrictions, I know a decent consumer lawyer in Idaho who can give you a straight answer

Asker

Posted

thanks anthony, i would appreciate that

Asker

Posted

the third party is saying that they will go after my income tax return if the debt isn't paid, can they do that? And the guy calls at least once a day and is threatening that I will be served a summons...the initial debt was 933.00 he is saying that because of interest it is 2890. How can I make this go away?

Brett D Weiss

Brett D Weiss

Posted

Only the IRS and child support can go after your tax refund. Speak with Anthony for a referral to an attorney, or check naca.net.

Posted

I agree with the attorneys above. This has the earmarks of a scam. Legitimate collectors will usually tell better lies. Lying about the SOL is easy to check and and amateurish because it is so easy to check. Keep your money in your pocket until you get proof that the collector actually has the authority to collect this debt AND that the SOL has not yet run. Good luck.

Don't forget to click on the "Best Answer" button, if you appreciate this wit and wisdom. This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

Posted

There has been a substantial increase in scam activity of this nature in recent years. I would suggest doing what was mentioned by the other contributors, as well as reporting the activity to your local Attorney General- Consumer Protection office. The Consumer Financial Protection Bureau also takes complaints about potential scam activity.

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