CBCS debt collection on expired debt or account that never existed Columbus Ohio

PDJ: ''While the SOL does expire (for credit reporting is usually 7 years, and for most states on debts it's usually between 5--7 years).''

Robert: "The SOL for CONSUMER debt in the US runs between 3 and 15 years depending on the state. Consumers who are in debt should check their state statutes for the actual SOL for any particular debt."
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I said "is usually", yup it depends on each state.


PDJ: ''After the time it means they can't sue you, take legal action, etc.''

Robert: "They can sue, but they cannot honestly win unless the defendant doesn't show up/respond to the court-then they get a default judgment. This is exactly what many junk debt buyers hope for."
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Yes I have heard of that Robert. But anyone with half a brain would fight it. As far as I know CBCS isn't JDB (junk debt buyer), Robert. They're just a third party CA (collection agency).


PDJ: ''...however they CAN continue to contact you.''

Robert: "Correct UNLESS, the debtor sends them a letter demanding that they stop communications. Then any further contact is a violation of the FDCPA and the consumer may sue the debt collector for the violation."
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Yea, it's called a "cease & desist letter".


PDJ: ''It is money owed after all. Moreover if the debt is valid (=owing with proof that can be provided).''

Robert: "Rubbish. In over 25 years of helping consumers with credit issues I have NEVER seen a debt collector who was attempting to collect a time barred debt, have documentation that would stand up in civil court. Most junk debt buyers simply have listings for such type of debts and when put to the test to validate such a debt, simply cannot provide documentation that will hold up in court."

Robert notice I said "proof" then you say that's rubbish. We are talking about CBCS here not some JDB. CBCS is third party CA not JDB, so we would hope (I know it's not always the case for JDB) that if there is going to be a lawsuit you (referring to the attorneys) better be coming in with some proof (signed contracts & copies of bills) of the alleged debt.

""While the SOL does expire (for credit reporting is usually 7 years, and for most states on debts it's usually between 5--7 years).""

The SOL for CONSUMER debt in the US runs between 3 and 15 years depending on the state. Consumers who are in debt should check their state statutes for the actual SOL for any particular debt.

""After the time it means they can't sue you, take legal action, etc.""

They can sue, but they cannot honestly win unless the defendant doesn't show up/respond to the court-then they get a default judgment. This is exactly what many junk debt buyers hope for.

""...however they CAN continue to contact you.""

Correct UNLESS, the debtor sends them a letter demanding that they stop communications. Then any further contact is a violation of the FDCPA and the consumer may sue the debt collector for the violation.

""It is money owed after all. Moreover if the debt is valid (=owing with proof that can be provided).""

Rubbish. In over 25 years of helping consumers with credit issues I have NEVER seen a debt collector who was attempting to collect a time barred debt, have documentation that would stand up in civil court. Most junk debt buyers simply have listings for such type of debts and when put to the test to validate such a debt, simply cannot provide documentation that will hold up in court.

While the SOL does expire (for credit reporting is usually 7 years, and for most states on debts it's usually between 5--7 years). After the time it means they can't sue you, take legal action, etc....however they CAN continue to contact you. It is money owed after all. Moreover if the debt is valid (=owing with proof that can be provided). Then the consumer should be responsible enough to pay the debt.

I would highly advise to take responsibility of the debt (if it's your account & you used the service. Fraud issues would be another story). That's why the economy is so bad because many people don't pay their bills.

Keith,

I have no idea where you got the information that the 7 year reporting period on a bad debt can be restarted each time it is sold. That is simply incorrect. You need to read the FCRA.

Second, the "new" bankruptcy laws have NOTHING at all to do with credit reporting. Nothing. The new bankruptcy laws did not change any credit reporing rule.

The ONLY significant provision of the new bankruptcy law is that a person must take a means test to see whether or not they must repay, instead of liquidate.

And, they investigate to see if you defrauded your creditors prior to the filing. This is known as personal enrichment if a person goes out and knowingly obtains goods or services that he/she does not intend to pay for.

It is noce to actually know what you are talking about before spouting unfounded jibberish.

Get educated. Knowledge is power.


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Submitted: 8/16/2008 10:08:31 AM
Modified: 8/16/2008 8:31:35 PM Keith
Providence, Rhode Island
U.S.A.

Another idiot [debt collector] giving 'advice'! Gabe, get the facts before giving 'advice'
Ok, this goes out to the Debt Collectors reading this forum. The FCRA and FDCRA both state that infromation MUST BE CURRENT AND ACCURATE. In most cases the information that is out dated and still remains on credit reports, may in fact be challenged and removed due to it being too old.

In ALL STATES there is what is called a statute of limitations for any type of Civil and/or Criminal Suit, therefore the time that the company has to file suit in court does expire, but that does not mean that the collection agency cannot continue to collect on the debt.

In this case, both Gabe and the other person are correct and incorrect.

My advise to all is to check the laws where you live, and also where the original creditor is, as both can be used, unless the terms and conditions of the contract specifically state in which state the contract/terms and conditions will follow, then you have to check that specific states laws.

In general, under the FCRA the information on bad debt will come off by the end of the 7th year, unless purchased by another creditor, then it is extended by another 7 years. (Thank Bush for the d**n new Bankruptcy laws that changed the old rules in favor of the companies and not protecting the consumer).



>>>

I just want to clarify that just because the SOL runs out does NOT mean they CANNOT file a lawsuit. They still can. If the SOL is 5 years, a collection agency can file suit against you after 6 years. It is then the debtors job to attend the court hearing and tell the judge the SOL is over. If the debtor does not go to court to tell the judge, the judge may grant the lawsuit in favor of the creditor or collection agency.

As for credit reporting times, the same bad debt is not supposed to stay on your credit report for more than 7 years, no matter how many times the debt is sold. We all know that many times they do because the new collection agencies report in such a way to make that happen. However, there is nothing that states that the debt can stay on the report for another 7 years if the debt is sold.

However, if you make a payment agreement with the new collection agency, then you do renew the 7 years. Remember, even a $1 payment constitutes a payment agreement.

Ok, this goes out to the Debt Collectors reading this forum. The FCRA and FDCRA both state that infromation MUST BE CURRENT AND ACCURATE. In most cases the information that is out dated and still remains on credit reports, may in fact be challenged and removed due to it being too old.

In ALL STATES there is what is called a statute of limitations for any type of Civil and/or Criminal Suit, therefore the time that the company has to file suit in court does expire, but that does not mean that the collection agency cannot continue to collect on the debt.

In this case, both Gabe and the other person are correct and incorrect.

My advise to all is to check the laws where you live, and also where the original creditor is, as both can be used, unless the terms and conditions of the contract specifically state in which state the contract/terms and conditions will follow, then you have to check that specific states laws.

In general, under the FCRA the information on bad debt will come off by the end of the 7th year, unless purchased by another creditor, then it is extended by another 7 years. (Thank Bush for the d**n new Bankruptcy laws that changed the old rules in favor of the companies and not protecting the consumer).

Gabe,

Actually a debt DOES "expire".

Once the legal statute of limitations has passed on the legal collections of a debt, it has, in fact, "expired".

It no longer exists in the eyes of the law, and that is what we ae talking about here. The LAW. Not your own morals or code of ethics, etc.

Your "opinion" does not carry any weight here.
Only the law does.

Learn the law before spouting your jibberish.


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Submitted: 7/18/2008 9:51:26 AM
Modified: 7/18/2008 11:36:27 AM Gabe
Sugarcreek, Ohio
U.S.A.

Do your research.
First of all, a bill dosen't expire, it just drops off of a credit report. The problem with people who end up in collections is that they don't want to take responsibility on themselves to pay for their mistakes. The argument that a bill can expire is absurd. This is crazy, do your homework.



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It DOES expire ... while the debt may still legally belong to the debtor, the creditor's (and by extension, the collection agency's) rights to seek legal remedy (AKA file suit) does expire.

That would be called "Statute of Limitations."

A debt's SoL expiring in many states, actually bans the creditor from filing suit. At the very least, SoL is a permissible defense. HTH!! :)

To others reading this: I would NOT send a Cease & Desist letter to creditors/collection agencies unless the SoL HAS, indeed, run out on the debt. Sending a letter like that might wake a sleeping tiger and cause them to accelerate collection activities in the form of lawsuits.

First of all, a bill dosen't expire, it just drops off of a credit report. The problem with people who end up in collections is that they don't want to take responsibility on themselves to pay for their mistakes. The argument that a bill can expire is absurd. This is crazy, do your homework.

First of all, getting your free annual credit report ONLY provides you with your credit report, NOT your score. If you want your score, you must pay for it.

Second, you "owe" a debt, not "own" a debt. The junk debt buyer owns the debt.

Third, the SOL in OH can be up to 15 years, depending on the type of debt.

Don wrote:
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DO NOT ADMIT TO OWNING THE DEBT

DOCUMENT EVERYTHING

If you receive a collection letter from CBCS and you do not believe that it is valid then you need to do a few things:

1. Check your credit score.
This can be obtained for free from
https://www.annualcreditreport.com
>>>

NEVER call / speak to ANY third party collection agency. NEVER.

Don,

Solid advice. CBCS is notorious for making non-existent debts, or debts that were already paid, magically appear on your credit report as unpaid.

If you ever receive something from CBCS, you would be well advised to presume that 1) it is probably an uncollectable debt (time barred, already paid, non-existent, etc.) and 2) that it WILL appear on your credit report.

By the way Don - how are things in Middleville? I lived on Edwards street as a kid (in the mid 80's) and am a proud Minnie McFall Elemantary alumnus. Just reading your report is making me hunrgry for some Phil's Pizzeria. Ah, the good old days.

Best regards!