Re: Statue of limitations

Posted by Linda on September 28, 2001 at 00:02:56:

In Reply to: Re: Statue of limitations posted by AMY on September 27, 2001 at 21:12:59:

Amy,

An installment contract is usually considered a written contract.

Next time they call you, get the name of the person you are talking to, the name of the company, and their address. Do not promise to pay them and do not admit it is your debt. Just get that information and then get off the phone - say someone's at the door or something.

Then send them a letter, certified, return receipt, asking them for proof that this debt is yours. Tell them you want a copy of the the contract with you signature on it.

They said they're not a collection agency, but if it is not the people youoriginally took the loan out with, they are considered a collector under the law and must abide by the FDCPA.

Click onthe link that says credit laws and read the Fair Debt Collection Practices Act. You have a right to make them prove that this is your debt.

Then as far as the SOL, check with an attorney.

PrePaid Legal Services are considered insurance in Virginia, where I am, and I sell one of them. Many of these plans would consider this a pre-existing condition, just as if you tried to buy health insurance after you had been told you had a major health problem. However, they do usually answer questions and write letters for you about anything. It isn't a cure-all, but it is definitely helpful if you need an affordable legal resource. If you consider buying one, make sure you understand what it covers. They don't all represent you in court unconditionally.

Linda

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