Legal Question in Credit and Debt Law in Alabama
collection letter
collection agency is trying to collect a dedt 20 yrs old. I think I payed this, don't remember. no contact at all for 20 yrs. now out of the blue a letter comes and a collection agency wants me to settle. I can't even remember back that far. I also have made several financial transactions over the past yrs and have payed off any outstanding dedt in order to procede with my loans. there has not been any contact made to me from this creditor or from anyone else until now. is there a statue of limatations or something. I don't feel I should have to pay this, am I right or wrong?
1 Answer from Attorneys
Re: collection letter
If you have not paid this and have not made any transactions (purchases on the credit card etc) then 20 years should be just a bit over the time limit to sue - by a good number of years!
In alabama a collection agency cannot sue after the statute of limitations has expired or this will likely violate the fair debt collection practices act. But the collector can try and get you to pay as long as don't threaten a lawsuit.
You should check your credit reports to make sure this is not on there - some collectors will "re-age" an account to make it appear like a more recent one and show up on your credit report. You can see the ways to get your report by going to http://www.alabamaconsumer.com/PracticeAreas/Steps-You-Need.asp
You may want to send the collector a letter by certified mail (keep a signed copy) saying this debt is over 20 years old, I think I paid it off, don't bother me and don't mess with my credit.
See what happens. Some collectors are so arrogant that they will violate the law and make all sorts of outrageous claims against you.
Let me know if you have any other questions.
John Watts
www.alabamaconsumer.com
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