Just received a collection notice - insurance lapse that is over 10 years old

[Anonymous]

Anonymous wrote:12 year statute of limitations.

This.
Your statute of limitations may have already passed.
In any case, don't pay. Otherwise, you'll activate your collection account.

[Anonymous]

Anonymous wrote:

Anonymous wrote:12 year statute of limitations.

This.
Your statute of limitations may have already passed.
In any case, don't pay. Otherwise, you'll activate your collection account.

uh, no.

OP said they're collecting for 2003, so 2013-2003= 10, not 12. So the SOL has not passed.

[Anonymous]

Anonymous wrote:12 year statute of limitations.

That is not true. The statue of limitations on unsecured debt in the State of Maryland is 3 years. The debt can stay on the report for 7. The KEY THING IS: do not agree to pay them any thing, no installation payment, nothing. Once you send one cent to them, the statute of limitations time clock is set back to ZERO and it goes on from there.

The credit report dispute process is fairly simple. Write a letter to the credit bureau saying you’re disputing the information because it is outdated. Send your letter via certified mail with return receipt requested so you’ll have proof of the date the letter was sent and a signature from the person who received it. If the credit bureau doesn’t respond within 30 days, they’re in violation of the Fair Credit Reporting Act. The certified mail receipt will help if you decide to involve the Federal Trade Commission or file a lawsuit against the bureau.

As long as the dates on your credit report show that the old account should have already been removed, your dispute should go smoothly. However, if your credit report is showing a delinquency date that’s within the credit reporting time limit, you’ll have to send proof that the delinquency date is inaccurate. An account could have an inaccurate date after it’s sent to a collection agency, who often give debts a new date when reporting to the credit bureau. This is illegal and you’re well within your right to have the account removed as long as the original date of delinquency was more than seven years ago.

Once you dispute, the credit bureau is required to do an investigation with the business that reported the account and update your credit report if the business agrees that your dispute is accurate. However, if the dispute comes back as “Verified,” you have more work to do.

When to Dispute With the Creditor

If the credit bureau has done its investigation and has “verified” with the creditor that the account was within the credit reporting time limit, you should now dispute with the credit card issuer (or whichever business listed the negative information). Your dispute letter will look very much the same. State that your credit report shows an inaccurate delinquency date for the account. Give the true date of delinquency if you have it. You may be able to get the delinquency date from an old billing statement, past due notice, or previous credit report if you saved any of these.

Just like credit bureaus, the business is required to investigate and respond to your dispute within 30 days and have the credit bureau update your credit report if necessary.

Don't Confuse the Statute of Limitations

Make sure you’re not confusing the credit reporting time limit with the statute of limitations on debt. It’s a common mistake because both have to do with how long companies can take certain action on delinquent accounts. The credit reporting time limit is defined by the Fair Credit Reporting Act and specifies how long accounts can stay on your credit report. The credit reporting time limits is pretty much the same for every type of debt (except bankruptcy) regardless of your state of residence.

The statute of limitations on debt, on the other hand, has nothing to do with the credit reporting time limit. Instead, it defines how long a creditor can bring legal action against you for a debt. The statute of limitations varies by state and by type of debt. It doesn’t result in an automatic dismissal of your debt. Instead, you have to prove the statute of limitations has passed if you want the case dismissed. Debts can still appear on your credit report even if the statute of limitations has passed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:12 year statute of limitations.

This.
Your statute of limitations may have already passed.
In any case, don't pay. Otherwise, you'll activate your collection account.

uh, no.

OP said they're collecting for 2003, so 2013-2003= 10, not 12. So the SOL has not passed.

They can ASK you to pay. That does not mean you are legally OBLIGATED to pay. The statutory period has passed. Get your lawyer SIL to write them a letter to that effect.Don't try to hire one--clearly, you don't have enough money to pay one if you are quibbling over $3-4000. If you don't have a lawyer in the family, just pay the debt--then follow it up with the certified letter to get it off your credit report. Yeah, everyone hates lawyers until they need them.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:12 year statute of limitations.

This.
Your statute of limitations may have already passed.
In any case, don't pay. Otherwise, you'll activate your collection account.

uh, no.

OP said they're collecting for 2003, so 2013-2003= 10, not 12. So the SOL has not passed.

They can ASK you to pay. That does not mean you are legally OBLIGATED to pay. The statutory period has passed. Get your lawyer SIL to write them a letter to that effect.Don't try to hire one--clearly, you don't have enough money to pay one if you are quibbling over $3-4000. If you don't have a lawyer in the family, just pay the debt--then follow it up with the certified letter to get it off your credit report. Yeah, everyone hates lawyers until they need them.

You're an a-hole! $3-$4000 is nothing one "quibbles" over. That's a big chunk of money, even if you have it just lying around, to throw at a debt this old that you're not even sure you really owe! Suggesting someone isn't willing to put $4000 toward a 10 year old unsecured debt they can't even prove they owe means "they don't have enough money" is just shitty.

[Anonymous]

Yeah, make sure you don't acknowledge you are responsible for the debt unless you plan on paying it as the SOL can be reset.

[Anonymous]

OP here. Thanks so much for the info, especially 08:35. I called and asked to speak to a supervisor, she disconnected me and i had to start over through the 9000 options. So annoying.

BTW 08:40, I can well afford to pay the $4000.00, it's the fact I do not OWE them one dime. Would you fork over $4000.00 to me right now b/c i accused you of owing it to me? Didn't think so

[Anonymous]

Anonymous wrote:

Anonymous wrote:12 year statute of limitations.

That is not true. The statue of limitations on unsecured debt in the State of Maryland is 3 years. The debt can stay on the report for 7. The KEY THING IS: do not agree to pay them any thing, no installation payment, nothing. Once you send one cent to them, the statute of limitations time clock is set back to ZERO and it goes on from there.

The credit report dispute process is fairly simple. Write a letter to the credit bureau saying you’re disputing the information because it is outdated. Send your letter via certified mail with return receipt requested so you’ll have proof of the date the letter was sent and a signature from the person who received it. If the credit bureau doesn’t respond within 30 days, they’re in violation of the Fair Credit Reporting Act. The certified mail receipt will help if you decide to involve the Federal Trade Commission or file a lawsuit against the bureau.

As long as the dates on your credit report show that the old account should have already been removed, your dispute should go smoothly. However, if your credit report is showing a delinquency date that’s within the credit reporting time limit, you’ll have to send proof that the delinquency date is inaccurate. An account could have an inaccurate date after it’s sent to a collection agency, who often give debts a new date when reporting to the credit bureau. This is illegal and you’re well within your right to have the account removed as long as the original date of delinquency was more than seven years ago.

Once you dispute, the credit bureau is required to do an investigation with the business that reported the account and update your credit report if the business agrees that your dispute is accurate. However, if the dispute comes back as “Verified,” you have more work to do.

When to Dispute With the Creditor

If the credit bureau has done its investigation and has “verified” with the creditor that the account was within the credit reporting time limit, you should now dispute with the credit card issuer (or whichever business listed the negative information). Your dispute letter will look very much the same. State that your credit report shows an inaccurate delinquency date for the account. Give the true date of delinquency if you have it. You may be able to get the delinquency date from an old billing statement, past due notice, or previous credit report if you saved any of these.

Just like credit bureaus, the business is required to investigate and respond to your dispute within 30 days and have the credit bureau update your credit report if necessary.

Don't Confuse the Statute of Limitations

Make sure you’re not confusing the credit reporting time limit with the statute of limitations on debt. It’s a common mistake because both have to do with how long companies can take certain action on delinquent accounts. The credit reporting time limit is defined by the Fair Credit Reporting Act and specifies how long accounts can stay on your credit report. The credit reporting time limits is pretty much the same for every type of debt (except bankruptcy) regardless of your state of residence.

The statute of limitations on debt, on the other hand, has nothing to do with the credit reporting time limit. Instead, it defines how long a creditor can bring legal action against you for a debt. The statute of limitations varies by state and by type of debt. It doesn’t result in an automatic dismissal of your debt. Instead, you have to prove the statute of limitations has passed if you want the case dismissed. Debts can still appear on your credit report even if the statute of limitations has passed.

3 years is unsecured with a few exceptions, including to to the state. 12 year SOL.

[Anonymous]

You should call the mva icd at 410.768.7341. tell them your sad story. They will automatically look up your vehicle to see if they can find any information on it.. through national checks, and internally. If they can find info to close your case they will. They don't mind closing your case as long as they can show evidence as to why they closed it because of auditors. Makes no difference to them because the money isn't coming from their pockets. they just need proof. If they can't find anything, they will tell you what they do need and maybe tell you how to get it.

[Anonymous]

statute of limitation does not apply to state debt ..good luck

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:12 year statute of limitations.

This.
Your statute of limitations may have already passed.
In any case, don't pay. Otherwise, you'll activate your collection account.

uh, no.

OP said they're collecting for 2003, so 2013-2003= 10, not 12. So the SOL has not passed.

They can ASK you to pay. That does not mean you are legally OBLIGATED to pay. The statutory period has passed. Get your lawyer SIL to write them a letter to that effect.Don't try to hire one--clearly, you don't have enough money to pay one if you are quibbling over $3-4000. If you don't have a lawyer in the family, just pay the debt--then follow it up with the certified letter to get it off your credit report. Yeah, everyone hates lawyers until they need them.

You're not too smart with money, eh?

[Anonymous]

A friend of mine had something similar happen recently - perhaps the current budget situation has led MVA to pursue old debts. Most likely the repo company did not turn in the tags. My friend ended up paying because they wouldn't let her renew her tags on her current vehicle until she did.

[Anonymous]

Can you get a carfax type report on the VIN?

[Anonymous]

It is going to be a pain, but you have to do it.

[Anonymous]

Anonymous wrote:12 year statute of limitations.

Only if thereis no collection actions for that time. If they send a bill or notice every year, then you still owe it.