PA statue of limitations for written off debt question?

Question

My husband has been recieving a letter from a c/a that he had written off back in 2000-02, and from what i understand pa only has a 4 yr statue of limitation that they can use to collect this debt by suing him. My concern is we havent spoken to anyone directly however they had a website with options to submit repayment, which i checked out to see what they were willing to offer with the login # they provided

however after furthur reading online i see that we are past the statue of limitations for the state of pa, but since i went online to review their payment options by logging in using their acct # they provided on the letter does this mean i reopened the sol on this acct. I havent agreed to anything i just wanted to see what the options were and from reading online its said you shouldnt discuss any type of payment arrangement because it could reopen the sold, or is that only if i agreed to a pmt

Question is - Did i or didnt i reopen the sol on this acct

Answer 1

The statute of limitations sets a limit on the time that they have to sue.  It doesn't mean that they can't contact you and try and get you to pay and it doesn't mean that they can't report you to credit bureaus as a deadbeat with consequences for you.

Answer 2

The SOL can be reset by making a payment on the debt or acknowledging in writing that you owe the debt. I would not think that viewing the info online resets the SOL.

Answer 3

I couldn't find anything specific to PA, but some states merely acknowledging the debt could restart the SOL.  Stay off that website and don't talk to this collection agency.

If your first date of deficiency was in 2002, this debt will be agin off your husband's credit file in another year or so.  After this long, you may as well just let it age off.

I suggest that if this collection agency contacts you again, send them a certified, return reciept letter asking them to cease and desist all contact as the debt is long past the SOL.  They will probably sell the debt off to another collection agency.

If you do decide to settle the debt, don't offer more than 10%.  They should be glad to accept that on such an old debt.  Lump sum gets the best deals.  Any payment plan has to be short -- like 2 or 3 months.

Get any settlement agreement in writing and save it, along with your payment proof, forever.  Do not give the collector direct access to your bank account.

Answer 4

You most definetly did NOT reset the SOL.

Ted is right in his answer, for the most part, but he excludes an extremely important piece of information. Per the FDCPA, you can the collection agency a cease and desist letter, and by law they MUST stop contacting you regarding this matter.

But you'll never see Ted mention that because...well...he's probably a collection agent.

Answer 5

I wish I could help with your dilemma, but just letting you know it's 'statute of limitations' not 'statue' ... just saying.

Hoping you find the answers you're looking for.

Answer 6

Hi,

I used "Credit Solution" to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It's legitimate.I came across this company on NBC News Special Edition.Check it out here:

http://urlbrief.com/47a5b8

Answer 7

Well this is certainly a new one.  This may be a new ploy being used by agencies to collect on time barred debts.  If you acknowledge in any manner that the debt is yours, then the State SOL is re-set.

This may fall under the new rules regarding electronic transfer  15USC7021

TITLE 15--COMMERCE AND TRADE

CHAPTER 96--ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE

      SUBCHAPTER II--TRANSFERABLE RECORDS

You might want to contact your states attorney general in regards to this issue to see if by answering any details on their web site might have re-set the SOL.

Due to the increase in share holders profits of collection agencies, this business is booming and they may have found a new way to dupe people into a legal means to collect.

I myself am going to look further into this practice.

I have included the link to the info on this subject.

Hope this answers your question.