Re: Original Delinquency Date

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Posted by Peter Rosa on November 19, 2000 at 17:28:05:

In Reply to: Original Delinquency Date posted by Ben Justice on November 16, 2000 at 18:30:42:

: I have a charged-off Visa account; the debt is quite old and has been purchased by a third party(s) collection agency. They(s) call me once a week or so for the last six years as I never bothered to sent a “cease and desist” letter or anything like that. I usually just lay phone down, as there is not much I can do for them even though they are trying to help me.
: .
: Anyway, I guess they gave up cause they quit calling three weeks ago. I just received a letter from the agencies “house attorney” asking for the balance of approximately $3,800. They also mention I have 31 days to dispute the validity or “obtain verification” of the debt. They say it is unfortunate that the collection process has finally reached this step, but for me it as a big relief.

: I was wondering if it is common practice for collection agencies which buy bulk debt to send out letters from “house attorneys” and then NOT follow up with a lawsuit? Or should I pretty much count on being sued? Note, this letter has the attorneys letterhead and signature!!

: Plus, if I am indeed sued, will I be sued in my home state’s court or the collection agencies state? Also, I am quite curious as to what the phrase “original delinquency date” actually means and how I determine what it is in my particular case. I’ve definitely not made any promises and I’m truly not sure as to when I sent the last payment on this account but I think it was around mid 1994 or so. I just cant’ remember (drug rehab and such). Is it possible for me to determine the “original delinquency date” without contacting or speaking to either the house attorney or collection agency? As you have probably deduced by now, I really don’t care to contact the attorney or agency until or unless I get a summons – call me a fool.

: BTW, according to the chart, the SOL on open accounts in my state is three years. Should I respond to the attorney’s letter or just wait for the summons and handle it then? I can’t afford an attorney so I’m going to have to defend myself based on this SOL business. I just hope I don’t have to hitch hike across the country to do it.

: Sincerely,
: Ben

A couple of things to keep in mind - first of all, the collections agency is not trying to "help you" no matter how nice they sound. Believe me, they will stomp all over you without batting an eyelash. Second, the use of a "house attorney" is a common ploy. It doesn't necessarily mean much.
As far as the SOL is concerned, the creditor has to follow the one in the state where you live. If you lived in a different state when you took out the credit card, they may be able to use that state's SOL instead. The state of the creditor's/collector's headquarters doesn't matter. Finally, while telling them that you know about the SOL might stop any lawsuits, there's no guarantee. If they sue you, you would have to raise the SOL as a defense.

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: : I have a charged-off Visa account; the debt is quite old and has been purchased by a third party(s) collection agency. They(s) call me once a week or so for the last six years as I never bothered to sent a “cease and desist” letter or anything like that. I usually just lay phone down, as there is not much I can do for them even though they are trying to help me. : : . : : Anyway, I guess they gave up cause they quit calling three weeks ago. I just received a letter from the agencies “house attorney” asking for the balance of approximately $3,800. They also mention I have 31 days to dispute the validity or “obtain verification” of the debt. They say it is unfortunate that the collection process has finally reached this step, but for me it as a big relief. : : I was wondering if it is common practice for collection agencies which buy bulk debt to send out letters from “house attorneys” and then NOT follow up with a lawsuit? Or should I pretty much count on being sued? Note, this letter has the attorneys letterhead and signature!! : : Plus, if I am indeed sued, will I be sued in my home state’s court or the collection agencies state? Also, I am quite curious as to what the phrase “original delinquency date” actually means and how I determine what it is in my particular case. I’ve definitely not made any promises and I’m truly not sure as to when I sent the last payment on this account but I think it was around mid 1994 or so. I just cant’ remember (drug rehab and such). Is it possible for me to determine the “original delinquency date” without contacting or speaking to either the house attorney or collection agency? As you have probably deduced by now, I really don’t care to contact the attorney or agency until or unless I get a summons – call me a fool. : : BTW, according to the chart, the SOL on open accounts in my state is three years. Should I respond to the attorney’s letter or just wait for the summons and handle it then? I can’t afford an attorney so I’m going to have to defend myself based on this SOL business. I just hope I don’t have to hitch hike across the country to do it. : : Sincerely, : : Ben : A couple of things to keep in mind - first of all, the collections agency is not trying to "help you" no matter how nice they sound. Believe me, they will stomp all over you without batting an eyelash. Second, the use of a "house attorney" is a common ploy. It doesn't necessarily mean much. : As far as the SOL is concerned, the creditor has to follow the one in the state where you live. If you lived in a different state when you took out the credit card, they may be able to use that state's SOL instead. The state of the creditor's/collector's headquarters doesn't matter. Finally, while telling them that you know about the SOL might stop any lawsuits, there's no guarantee. If they sue you, you would have to raise the SOL as a defense.

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