Collection agency and an old judgement

Charge · 10-03-2012, 04:52 PM

Basically, I received a letter from a collection agency on a debt. I couldn't figure out what the debt was at first. They listed Bank One as the original credit company, and I've never done business with them.

I did some research and it appears this was a debt from 13 years ago, off an old store credit card(guess it was sold to Bank One eventually, was not backed by them when I had it).

So apparently, this $245 debt eventually became a judgement...except I was never notified. The records indicate they sent the letters to an address that I haven't lived at for over 10 years...so I was long gone when they tried to contact me about 8 years ago.

Obviously, this thing is not on my credit report, as it aged off quite some time ago. But in Ohio, you have 15 years to attempt to collect(this varies by state). So now this judgement/debt was sold to a new collections agency who has tracked me down.

I have no issues paying the debt...I didn't know it existed. But I have two concerns. One, they've inflated it to like $1700 and are offering a buyout of $750. That's a bit absurd. Second, some of my friends are suggesting that if I do pay this off, it could re-appear on my credit report. That's the part that concerns me.

Does anyone know if you pay off a judgement/debt that had already dropped off your credit report, can the payment cause it to reappear? I just ran my credit report to verify it is NOT there right now. I have two dings only(one from 6.5years ago about to drop and one from 5 years ago, but is very minor). This one isn't there. I actually don't ever remember seeing this one since I started tracking this stuff more religiously about 5 years ago.

If I negotiate them down to a reasonable amount and just pay it off...will my credit get the ding? Or do I have to somehow try to fight the judgement on the grounds that this case from years ago, never properly notified me so I could defend myself? Do I even want to do that?

* Registered users of the site do not see these ads.

EricScott · 10-03-2012, 04:56 PM

13 year old bad debt? I would tell them to piss off.

Badler · 10-03-2012, 04:57 PM

Charge it.

Tweeter · 10-03-2012, 04:59 PM

Jack off on their faces after raping their dog.

FightingFalcon · 10-03-2012, 05:02 PM

The SOL on credit card debt in Ohio is 6 years.

Tell them to **** off.

If you make *any* attempt to pay any of the bill, the SOL resets and it could reappear on your credit report. With debt that old, I usually tell people to just avoid it. If you're tired of dealing with the collection agency, you can write them a letter demanding that they stop and they are required by law to stop. At that point the only thing they can do is decide to sue you or not, which in your case I am 99% sure they cannot due to the SOL. Simply being contacted does not reset the SOL....only making an attempt to pay it does. This would be reflected on your credit report under something like Most Recent Activity, etc.

Swizz_dub · 10-03-2012, 05:04 PM

Quote:

Originally Posted by Tweeter

Jack off on their faces after raping their dog.

and upper decking their toilet

ZMANNH25rs · 10-03-2012, 05:05 PM

I wouldn't do **** unless they get it to go to court. Even then no way would they get $750 awarded to them. Tell them to piss into a hurricane...

CatfaceType-R · 10-03-2012, 05:06 PM

Quote:

Originally Posted by Tweeter

Jack off on their faces after raping their dog.

Creatine, it's no joke.

Tweeter · 10-03-2012, 05:07 PM

Quote:

Originally Posted by Swizz_dub

and upper decking their toilet

...all while taking the lord's name in vain of course.

red04 · 10-03-2012, 05:16 PM

With something that old there is a very good chance that they don't have the legal documentation required to collect the debt. You send them a letter by certified mail with return receipt requesting that they validate the debt, wait 30 days, and if they haven't responded then you don't owe them the money.

Validation letter-copy/paste and put in your info

This site walks you through the whole process

CavemanAZ · 10-03-2012, 05:18 PM

^ That

CN: Tell them to remove your number from their list, and never call you again.

Once notified to cease collection attempts, keep records of when (time of day), and how often they call again. There is an anti-harassment law that will fine them/award you $1500 for the initial judgement of violation, and every call after if they continue.

In addition to tacking on outrageous fees, they are attempting to collect on a debt that has long since been closed/settled/written off by the original company.

Indocti Discant · 10-03-2012, 05:21 PM

you should contact the guy who will catch Xan on the credit boards.

r0bman · 10-03-2012, 05:23 PM

Quote:

Originally Posted by Indocti Discant

you should contact the guy who will catch Xan on the credit boards.

Alright, that's the third reference to this I've read. It sounds hilarious. Details!

FellowTraveller · 10-03-2012, 05:23 PM

yes the moral of today is:

Don't pay people the money you owe them, especially if it takes them a while to find you. The nerve of the dirty scoundrels, didn't they watch the Seinfeld episode about "Jerry, its written off".

FightingFalcon · 10-03-2012, 05:24 PM

Quote:

Originally Posted by FellowTraveller

yes the moral of today is:

Don't pay people the money you owe them, especially if it takes them a while to find you. The nerve of the dirty scoundrels, didn't they watch the Seinfeld episode about "Jerry, its written off".

No one owes a collection agency ****. The original owner of the debt forgave it long before some douchey collection agency comes after you.

jpicheva · 10-03-2012, 05:24 PM

Blast the letter liberally with piss.

FellowTraveller · 10-03-2012, 05:27 PM

Quote:

Originally Posted by FightingFalcon

No one owes a collection agency ****. The original owner of the debt forgave it long before some douchey collection agency comes after you.

That was my point. The OP owes someone money (corporations are people after all, my SuperPAC proves that)

The OP should find the original debtor and pay what he/she owes.

The OP will just tell the collection agency to go to hell and they will call a couple more times and give up.

Collection agencies are scum, but people ideally should pay what they owe (directly to the organization or person they owe it to though).

kfoote · 10-03-2012, 05:28 PM

Quote:

Originally Posted by r0bman

Alright, that's the third reference to this I've read. It sounds hilarious. Details!

http://forums.nasioc.com/forums/show....php?t=2407397

r0bman · 10-03-2012, 05:28 PM

Quote:

Originally Posted by FellowTraveller

That was my point. The OP owes someone money (corporations are people after all, my SuperPAC proves that)

The OP should find the original debtor and pay what he/she owes.

The OP will just tell the collection agency to go to hell and they will call a couple more times and give up.

Collection agencies are scum, but people ideally should pay what they owe (directly to the organization or person they owe it to though).

See? This is what happens when you give some podunk socialist Canadian internet access.

touch · 10-03-2012, 05:31 PM

Tell them Linda McMahon will take care of it.

sperry · 10-03-2012, 05:32 PM

Quote:

Originally Posted by FightingFalcon

No one owes a collection agency ****. The original owner of the debt forgave it long before some douchey collection agency comes after you.

Not quite true. Usually the debtor sells the debt to the agency for pennies on the dollar, then writes off the remainder as a loss. The collector can now attempt to recover the full amount, since they now own the full debt amount, and make money on the deal for their effort of tracking you down.

However, as far as fees and **** running up the total... unless those fees/penalties were agreed upon in the initial transaction that created the debt, then I don't think the collector can make up their own fees and run up the charges.

My guess is the big number is fabricated in an effort to make the actual number sound like a deal. Personally, on something like this, a) I wouldn't pay them anything because the SoL's have probably expired, and b) if I did pay them, it wouldn't be for a penny more than the original amount owed.

FightingFalcon · 10-03-2012, 05:32 PM

Quote:

Originally Posted by FellowTraveller

That was my point. The OP owes someone money (corporations are people after all, my SuperPAC proves that)

The OP should find the original debtor and pay what he/she owes.

The OP will just tell the collection agency to go to hell and they will call a couple more times and give up.

Collection agencies are scum, but people ideally should pay what they owe (directly to the organization or person they owe it to though).

The debtor paid enough with 7 years of ****ty credit. I think the bank can live without its $275 or whatever the OP owed them.

r0bman · 10-03-2012, 05:34 PM

Quote:

Originally Posted by kfoote

http://forums.nasioc.com/forums/show....php?t=2407397

As I suspected.

Thank.

Swizz_dub · 10-03-2012, 05:39 PM

Quote:

Originally Posted by kfoote

http://forums.nasioc.com/forums/show....php?t=2407397

I don't think i've ever laughed so hard while at work. Holy ****

FellowTraveller · 10-03-2012, 05:47 PM

Consensus has arrived:

Spend money you don't have, then neglect to pay debts off by having a bad credit rating for a couple years while avoiding answering bill-collection agencies calls. Then rinse and repeat.

wow, <insert derogatory term for dumb people who abuse the credit system> really are winners. Your grandparents would kick you in the balls for not owning up to what you owe. Society is going to hell (since the day they gave everyone credit cards).

10-03-2012, 04:52 PM	#1
Charge NASIOC Supporter Member#: 3313 Join Date: Dec 2000 Chapter/Region: MWSOC Location: Cincinnati	Collection agency and an old judgement Basically, I received a letter from a collection agency on a debt. I couldn't figure out what the debt was at first. They listed Bank One as the original credit company, and I've never done business with them. I did some research and it appears this was a debt from 13 years ago, off an old store credit card(guess it was sold to Bank One eventually, was not backed by them when I had it). So apparently, this $245 debt eventually became a judgement...except I was never notified. The records indicate they sent the letters to an address that I haven't lived at for over 10 years...so I was long gone when they tried to contact me about 8 years ago. Obviously, this thing is not on my credit report, as it aged off quite some time ago. But in Ohio, you have 15 years to attempt to collect(this varies by state). So now this judgement/debt was sold to a new collections agency who has tracked me down. I have no issues paying the debt...I didn't know it existed. But I have two concerns. One, they've inflated it to like $1700 and are offering a buyout of $750. That's a bit absurd. Second, some of my friends are suggesting that if I do pay this off, it could re-appear on my credit report. That's the part that concerns me. Does anyone know if you pay off a judgement/debt that had already dropped off your credit report, can the payment cause it to reappear? I just ran my credit report to verify it is NOT there right now. I have two dings only(one from 6.5years ago about to drop and one from 5 years ago, but is very minor). This one isn't there. I actually don't ever remember seeing this one since I started tracking this stuff more religiously about 5 years ago. If I negotiate them down to a reasonable amount and just pay it off...will my credit get the ding? Or do I have to somehow try to fight the judgement on the grounds that this case from years ago, never properly notified me so I could defend myself? Do I even want to do that? * Registered users of the site do not see these ads.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

10-03-2012, 04:56 PM	#2
EricScott Scooby Newbie Member#: 74269 Join Date: Nov 2004 Chapter/Region: Tri-State Location: SE PA Vehicle: 2005 Nissan Titan SE Dirty	13 year old bad debt? I would tell them to piss off.

10-03-2012, 04:57 PM	#3
Badler Scooby Guru Member#: 133597 Join Date: Nov 2006 Chapter/Region: SCIC Location: Costa Mesa	Charge it.

10-03-2012, 04:59 PM	#4
Tweeter Visiting NASIOC Timeout Member#: 162238 Join Date: Oct 2007 Chapter/Region: SCIC Location: Mission Viejo, CA Vehicle: 2012 Accent SE Gay blue	Jack off on their faces after raping their dog.

10-03-2012, 05:02 PM	#5
FightingFalcon Scooby Newbie Member#: 223299 Join Date: Sep 2009 Chapter/Region: MAIC Location: NoVA/DC/NCR Vehicle: 2009 WRX WRB 4dr 2007 Kawasaki ZX6R	The SOL on credit card debt in Ohio is 6 years. Tell them to **** off. If you make any attempt to pay any of the bill, the SOL resets and it could reappear on your credit report. With debt that old, I usually tell people to just avoid it. If you're tired of dealing with the collection agency, you can write them a letter demanding that they stop and they are required by law to stop. At that point the only thing they can do is decide to sue you or not, which in your case I am 99% sure they cannot due to the SOL. Simply being contacted does not reset the SOL....only making an attempt to pay it does. This would be reflected on your credit report under something like Most Recent Activity, etc.

10-03-2012, 05:05 PM	#7
ZMANNH25rs NASIOC Supporter Member#: 9401 Join Date: Aug 2001 Chapter/Region: NESIC Location: Bis dat, qui cito dat... Vehicle: . Truth is a pathless land...	I wouldn't do **** unless they get it to go to court. Even then no way would they get $750 awarded to them. Tell them to piss into a hurricane...

10-03-2012, 05:16 PM	#10
red04 Scooby Newbie Member#: 42919 Join Date: Sep 2003 Location: tacoma Vehicle: 2004 wrx san remo red	With something that old there is a very good chance that they don't have the legal documentation required to collect the debt. You send them a letter by certified mail with return receipt requesting that they validate the debt, wait 30 days, and if they haven't responded then you don't owe them the money. Validation letter-copy/paste and put in your info This site walks you through the whole process

10-03-2012, 05:18 PM	#11
CavemanAZ Scooby Newbie Member#: 142258 Join Date: Mar 2007 Chapter/Region: SWIC Location: So easy... Even I could do it Vehicle: 2005 SWRT Replica	^ That CN: Tell them to remove your number from their list, and never call you again. Once notified to cease collection attempts, keep records of when (time of day), and how often they call again. There is an anti-harassment law that will fine them/award you $1500 for the initial judgement of violation, and every call after if they continue. In addition to tacking on outrageous fees, they are attempting to collect on a debt that has long since been closed/settled/written off by the original company.

10-03-2012, 05:21 PM	#12
Indocti Discant Scooby Specialist Member#: 138000 Join Date: Jan 2007 Chapter/Region: BAIC Location: San Francisco Vehicle: Teri Ma	you should contact the guy who will catch Xan on the credit boards.

10-03-2012, 05:23 PM	#14
FellowTraveller Scooby Newbie Member#: 161570 Join Date: Oct 2007 Chapter/Region: E. Canada Location: St. John's Newfoundland Canada Vehicle: 2007 Impreza Newport Blue Pearl	yes the moral of today is: Don't pay people the money you owe them, especially if it takes them a while to find you. The nerve of the dirty scoundrels, didn't they watch the Seinfeld episode about "Jerry, its written off".

10-03-2012, 05:24 PM	#16
jpicheva Scooby Specialist Member#: 68407 Join Date: Aug 2004 Chapter/Region: South East Location: Memphis Vehicle: 2005 9-2x Aero 2012 Outback 2.5i 6MT	Blast the letter liberally with piss.

10-03-2012, 05:31 PM	#20
touch Scooby Specialist Member#: 12678 Join Date: Nov 2001 Chapter/Region: NESIC Location: miracle worker	Tell them Linda McMahon will take care of it.

10-03-2012, 05:47 PM	#25
FellowTraveller Scooby Newbie Member#: 161570 Join Date: Oct 2007 Chapter/Region: E. Canada Location: St. John's Newfoundland Canada Vehicle: 2007 Impreza Newport Blue Pearl	Consensus has arrived: Spend money you don't have, then neglect to pay debts off by having a bad credit rating for a couple years while avoiding answering bill-collection agencies calls. Then rinse and repeat. wow, <insert derogatory term for dumb people who abuse the credit system> really are winners. Your grandparents would kick you in the balls for not owning up to what you owe. Society is going to hell (since the day they gave everyone credit cards).