Okay, I got a collection notice in the mail today about a bill that didn't get paid (about $500) 9.5 years ago. Is there not some kind of thing that they have to contact you or try? I mean I have been living in the same house for 5+ years and they just now sent me a notice?

My ex was supposed to pay this (verbal agreement between us) and I guess he didn't. I was stupid and let him keep the phone on in my name because I didn't want him watching the girls without a phone and he wouldn't transfer the number into his name. I didn't think he would do anything like that to me at the time. I have since figure out that he was a real jerk and I have had to pay a few of these kind of bills just to clear my credit.

This was not on my credit report when I looked last, so how can they just decide to collect on a 9 year old bill?

I guess this is kinda a vent.. I am very frustrated that this came up now... It annoys me more than anything that stuff that I finally thought I was through can come back to haunt me now. 2 years ago I actually contacted all the places that I owed money from the past and set up payment plans and paid them all off, just to clear my credit.

By Cocoabutter on Friday, May 18, 2007 - 02:18 am:

Was it a medical bill? I have owed doctors and hospitals in the past, but they don't show up on my credit report. Once they sent me to collections, but that didn't show up, either.

By Claire on Friday, May 18, 2007 - 08:33 am:

It's past the reporting period of seven years which is why it's not on your report - they may report it any way & then you will have to write to have it removed.

As for the payment - morally you have an obligation to pay the bill.

Legally it's probably past the statute of limitations but you need to check the statute to be certain. Even if it is past the limit for collection you MUST follow through with a written letter certified mail return receipt requested so you have proof they got the notice.

You have to take all the proper steps or you may end up with a default judgment even if it is past the legal reporting limit & passed the statute - in other words don't ignore it.

By Kaye on Friday, May 18, 2007 - 08:50 am:

I am going tos ay that morally your ex has an obligation to pay, not you.

Good luck with this...credit issues suck!

By Ginny~moderator on Friday, May 18, 2007 - 11:15 am:

Here's information on the Statute of Limitations, generally, with a listing of all states. It looks like Texas has a 4 year S/L, unless a lawsuit was filed and a judgment issued (in which case you should have received notice both of the lawsuit and any judgment). You can check the S/L for judgments/lawsuits by clicking a link in this site. You can check with your local courthouse to see if a judgment was entered against you.
Statute

By Tarable on Friday, May 18, 2007 - 12:22 pm:

It is a collection agency and there is no judgments against me. Is there some kind of letter I can send them stating that I am not paying and please leave me alone? Especially since there is nothing they can do to me? I mean it isn't on my credit (and can't be since it was more than 7 years ago) and on top of that it is past the statute of limitations for TX. This is something that my ex promised me he would pay and didn't, so I feel I was taken advantage of and it is not for me to have to pay.

By Ginny~moderator on Friday, May 18, 2007 - 02:58 pm:

Check the web site link I posted. As for a letter, I would send a letter as follows:

RE: (Name of Creditor, Creditor's account #)

As you are aware, this alleged debt was incurred in (year), more than X years ago. The statute of limitations for legal action on this alleged debt is long past. I do not acknowledge, nor do I intend to pay this alleged debt.

As a collection agency, you are subject to the Fair Debt Collection Practices Act. Pursuant to the Fair Debt Collection Practices Act, As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996), Section 805: Communication in connection with debt collection, subparagraph (c), I am notifying you in writing to cease further communication with respect to this alleged debt. Should you initiate any further communication with me other than the communications allowed in subsections (c)(1), (2) and (3), I will make a report to the appropriate enforcement agency.


Please be sure to use the word "alleged", so that your letter cannot be interpreted in any way as actually acknowledging the debt.

By Tarable on Friday, May 18, 2007 - 03:37 pm:

Thank you Ginny.. you always know exactly what to do.

By Ginny~moderator on Friday, May 18, 2007 - 03:46 pm:

By the way, it is worth spending the extra money to send this letter Certified Mail Return Receipt, and attach a copy of the green card Receipt to your copy of the letter. Just sending it Certified Mail is a sign to them that you know what you are doing and are unlikely to be successfully bullied.