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- Newsgroups: misc.consumers
- Path: sparky!uunet!psinntp!opencon!giand
- From: giand@opencon.com (Deepak S. Gianchandani)
- Subject: Re: Very old account - can still collect?
- Message-ID: <1992Dec15.155121.5339@opencon.com>
- Followup-To: misc.consumers
- Sender: giand@opencon.com
- Organization: OpenCon Systems, Inc.
- References: <1992Dec9.204128.24449@penet.fi> <1992Dec10.143255.666@nynexst.com>
- Distribution: usa
- Date: Tue, 15 Dec 1992 15:51:21 GMT
- Lines: 48
-
- In article <1992Dec10.143255.666@nynexst.com> smierch@fun.com writes:
- >In article 24449@penet.fi, an1804@anon.penet.fi () writes:
- >>I have a legal question, based on what I was told by a friend recently,
- >>and now am facing this situation. Situation: I used to have a major
- >>credit card, had a good relationship with the issuer, made payments on
- >>time, etc. Then was faced with some circumstances (medical bills, loss
- >>of spouses income, etc) and could not make payments anymore, leaving a
- >>lealthy 4-digit balance. After some time, the duns letters stopped
- >>coming, and it just kind of faded away.
- >>
- >>As of this point in time, there has been no correspondence from the
- >>issuer or collection agencies in a couple years. There has been NO (and
- >>this is the legal kicker, I think) activity on the account, either debits
- >>or credits, for over *FOUR* years.
- >>
- >>Now the issuer has hired a legal firm to try to collect. I was told that
- >>there is a law that states that if there is NO activity on an account for
- >>a number of years (where 'number' varies by state, usually 3-5 years), that
- >>the account is erased, and the consumer is no longer liable. Presumably,
- >>this is to 'penalize' the creditor because they were not 'persevering' in
- >>collections or trying to work out a payment plan.
- >
- >You owe what you owe until you've paid it. Laws that state that the consumer
- >is no longer liable after X years of inactivity mean only that the issuer,
- >in the absence of any other information, should consider the account closed
- >(they are never erased) to future activity. Any future activity is then no
- >longer the responsibility of the consumer.
- >
- >You are, however, still liable for the balance.
- >
- >---
- >
- Plus the interest for the four years. So it would be best in
- your interest to stell the account and pay it off (an
- opinion). You could even have it paid off in monthly
- payments. (there is a non profit agency (or so they say) in
- New Jersey which helps people with this, there might be one in
- your state).
- The other possibility is change your identity, get a new
- name, SS number, so forth, etc.
-
- Good Luck.
-
- --
- ____________________ . . __ . | Deepak S. Gianchandani
- \___________________|) .____.--"--"---._____ | E-mail:giand@opencon.com
- . || /_____/ NCC_1701 __/ . . . | To Boldly Go Where
- . . || /--/--._________.----/ . | No One Has Gone BEFORE
-