Legal Question in Credit and Debt Law in Georgia

I live in Georgia. Received dunning letter from debt collector in South Carolina August 2010 for money they claim I owe on a college tuition payment plan with a school in NJ I last attended in fall 2003. In all these years I have been unaware of any debt I owed to the college until communications from this debt collector. They threatened to send me judgement paperwork if I do not pay the total in full. They have called my house several times and I refuse to speak to them by phone, but I do not know how to approach them in a letter or how to proceed pushing Statute of Limitations regarding this matter. The debt is NOT a student loan, as I have reviewed a copy of the school's paperwork for their tuition plan online and it is simply stated as a "payment contract". I have tried to contact the college to send me an accurate account history, but they have yet to respond or send me anything. I have also found today that the debt collector has pushed through an inquiry to my credit report. I am in desperate need of advice on how to communicate with this company. Your advice is greatly appreciated.

Asked on 8/23/10, 9:50 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

First, obviously no one here knows what you agreed to, and the significance of whether or not it is a "student loan" (though obviously you were a student, and a payment plan is often also called a "loan"). Your personal definition is not likely relevant. These facts will be relevant in determining the statute if limitations, if applicable. As far as communicating with the company, go to the FTC website and review the FDCPA. A collector should send you written communication, and you can as for validation paperwork. If it is a valid debt, obviously you should pay it to conclude the matter. You say you "tried" to contact the college. What does that mean? You need to call them, ask them to look for the records, then follow up in a few days if they have not.

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Answered on 8/28/10, 10:12 am

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