A credit collections agency is pursuing a debt that I believe to be outside the statute of limitations. I have two questions related to debt collection statute of limitations (see details).

I know here in NJ it’s 6 years from the last date of contact in regard to the bill. If they contact you once a month for 10 years, and then go 6 years without contacting you at all, it then goes outside the statute. That’s my understanding of it…

Okay, I see that listed under NJ. I think I got the phone when I lived in NC (it was a rather dark time in my life and some of it is kind of a blur), but if not, it would have been in VA. Both of those state the clock starts on the date of last payment, no mention of communication.

Then if that’s the case, date of last payment, it’s outside the statute, and you can open a dispute with the credit bureaus to that effect.

What precipitated this question is that I just got a collections notice from them today. They’re offering me a really bargain basement settlement, and I got to wondering why. I realized how long it’s been and that it’s out of the statute of limitations now.

Thanks.. I’ll be pursuing this.

Do you mind me asking which credit agency is asking for the money? Recently this has happened to my husband, for a very old phone bill..we googled and apparently it could be a scam, and it’s possibly past the statue of limitations as well!

Yikes. The agency is Cavalry Portfolio Services, LLC.

Is this just a collection agency or has a court case been opened against you? (I Work for collections attorneys.)

I’m pretty sure it’s just a collection agency. I never got any notice about it being taken to court.

@MissAnthrope Okay that’s not the same company. When we googled the one calling us, we found tons of complaints and figured out that not paying would be best. When we paid a collection agency for my husbands defaulted student loans, we called the original credit line and made sure it was legit. We’re still having issues because the original place wants more money than the debt collectors. It’s such a mess :(

I think, basically, they’re pursuing this illegally because even at the outside (of my last payment), I should be at or over the SoL. I was trying to determine a motive as to why they would offer an 80–90% reduction. What made me a bit suspicious is that in NC, any sort of payment past the SoL reopens it/restarts the clock. I wonder if that’s the deal here, but they are offering to settle, so probably not.

if it’s a debt collector, the cell phone has already written you off, because they’ve sold your debt to the collector. The offer they gave you is probably a little bit more than what the agency paid for your debt.

Chances are the actual money that you are in arrears is not that much. What you have now is interest and penalty fees. 90% of what they are asking for could indeed be extras and have nothing to do with the original amount.

Is there some sort of problem with paying it.

first, write them and tell them to PROVE the bill is yours. then write them back a CEASE AND DESIST LETTER. tell them the the acct is past the statute of limitations. and contact a NACA lawyer, they will help you sue the company if they dont obey the laws of the FDCPA

also send ALL your correspondence with them,by certified mail

You can see the FDCPA regulations here. That may help with any further questions you may have on this subject.

@tinyfaery – Really, I’m not a total deadbeat, but I’m living in some really hard times financially right now, like to where I have to calculate the cost of each meal and try to keep it between $1—$5. So, I honestly can’t afford to take their offer of a reduced payment. I’m more concerned about being able to feed myself and make sure I have enough money after groceries and gas to pay my rent.

@blueknight73 & @scamp – Thanks. :)

Gee. Defensive much? It was just a question.

@MissAnthrope: That’s funny… I worry if I have enough money for food after gas and rent. lol

@tinyfaery – I’m confused about where in my post it seems I’m really defensive. I wrote that in a relatively unemotional state, for one, and secondly, I was merely trying to acknowledge that I know I owe a debt, that it’s my responsibility, and not trying to weasel out of it just because a time limit has passed. I thought explaining my situation might shed light on why it’s not a possibility.