Author Topic: Calling an SOL OC  (Read 765 times)

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poker

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Calling an SOL OC
« on: July 24, 2017 04:54:57 PM »
If I call an SOL OC and ask if I owe a balance am I risking restarting the SOL? What I am wanting from them is to be told where they sent the account.

BellEbutton

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Re: Calling an SOL OC
« Reply #1 on: July 24, 2017 05:15:09 PM »
Check your state laws, but it shouldn't restart the SOL as long as you don't admit owing the balance and offer to pay. 

If it were me, I would NOT ask if I owe a balance.  I would simply state that I'm calling to find out if there's an outstanding balance on my account.

Bubbles

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Re: Calling an SOL OC
« Reply #2 on: July 24, 2017 07:55:49 PM »
Recall the old saying, "When in doubt, leave it out".

Referring to the account as "my account" could be construed as admitting to the account. The call itself shows knowledge of the account. That would all be in the record.

Let it go. Look at your credit report. Stay off the phone.

-1:

Check your state laws, but it shouldn't restart the SOL as long as you don't admit owing the balance and offer to pay. 

If it were me, I would NOT ask if I owe a balance.  I would simply state that I'm calling to find out if there's an outstanding balance on my account.

poker

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Re: Calling an SOL OC
« Reply #3 on: July 24, 2017 08:10:58 PM »
Recall the old saying, "When in doubt, leave it out".

Referring to the account as "my account" could be construed as admitting to the account. The call itself shows knowledge of the account. That would all be in the record.

Let it go. Look at your credit report. Stay off the phone.

-1:

I think you are right. The only reason I am thinking of poking this bear is that I have a boatload of violations from a collector that I think is trying to collect this, but I am not completely sure that is what they are trying to collect.

BellEbutton

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Re: Calling an SOL OC
« Reply #4 on: July 24, 2017 08:21:26 PM »
Recall the old saying, "When in doubt, leave it out".

Referring to the account as "my account" could be construed as admitting to the account. The call itself shows knowledge of the account. That would all be in the record.

Let it go. Look at your credit report. Stay off the phone.

-1:

So what if you admit it's your account?  That doesn't mean you're admitting to the balance or that any amount at all is owed.
« Last Edit: July 24, 2017 08:26:11 PM by BellEbutton »

BellEbutton

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Re: Calling an SOL OC
« Reply #5 on: July 24, 2017 08:21:52 PM »
I think you are right. The only reason I am thinking of poking this bear is that I have a boatload of violations from a collector that I think is trying to collect this, but I am not completely sure that is what they are trying to collect.

In which state are you located?

Does your credit report show if the account is still owned by the OC? Or does it show that it has been sold or transferred?
« Last Edit: July 24, 2017 08:40:14 PM by BellEbutton »

Bruno the JDB Killer

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Re: Calling an SOL OC
« Reply #6 on: July 24, 2017 08:45:59 PM »
Arizona, according to previous posts. When did you last pay on the account? AZ has a 6 year SOL.

I have a boatload of violations from a collector that I think is trying to collect this, but I am not completely sure that is what they are trying to collect.


Well, you better find out, or we can't help you.


What I am wanting from them is to be told where they sent the account.


They don't have to tell you. The collector has to tell you who they are collecting for.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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Re: Calling an SOL OC
« Reply #7 on: July 24, 2017 08:51:32 PM »
 According to Arizona law, the only way the SOL would be restarted on a time-barred debt is if the debtor acknowledged the debt in writing and signed it.

12-508. Effect of acknowledgment upon barred action

When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.

Bubbles

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Re: Calling an SOL OC
« Reply #8 on: July 24, 2017 09:18:05 PM »
How do you know there is any collection activity?

And remember, attempting to collect a debt past the SOL is legal, except maybe in states where the debt is legally extinguished after the SOL.

It isn't legal to file suit past the SOL - but that's another matter.

I think you are right. The only reason I am thinking of poking this bear is that I have a boatload of violations from a collector that I think is trying to collect this, but I am not completely sure that is what they are trying to collect.

poker

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Re: Calling an SOL OC
« Reply #9 on: July 24, 2017 09:49:59 PM »
How do you know there is any collection activity?

And remember, attempting to collect a debt past the SOL is legal, except maybe in states where the debt is legally extinguished after the SOL.

It isn't legal to file suit past the SOL - but that's another matter.

I was first called by someone 3 times from a restricted number. She twice left a message and the third time I answered she claimed she was from a document delivery company and I needed to call this other number with the "case number" she provided me. At the number I called, they read the mini-Miranda but would not identify who they were collecting for or where they could be reached. They gave a fictitious name.  It has been over a week, none of the first communication stuff has arrived. Searching Google I found someone that connected their number to an OC that also is a collection agency (and one that routinely violates, or at least did 10 years ago).

BellEbutton

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Re: Calling an SOL OC
« Reply #10 on: July 24, 2017 09:51:13 PM »
I was first called by someone 3 times from a restricted number. She twice left a message and the third time I answered she claimed she was from a document delivery company and I needed to call this other number with the "case number" she provided me. At the number I called, they read the mini-Miranda but would not identify who they were collecting for or where they could be reached. They gave a fictitious name.  It has been over a week, none of the first communication stuff has arrived. Searching Google I found someone that connected their number to an OC that also is a collection agency (and one that routinely violates, or at least did 10 years ago).

It's a scam.

Bruno the JDB Killer

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Re: Calling an SOL OC
« Reply #11 on: July 24, 2017 09:52:05 PM »
All classic signs of a scam. Don't waste your time with this. Or ours.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

poker

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Re: Calling an SOL OC
« Reply #12 on: July 24, 2017 09:53:54 PM »
All classic signs of a scam. Don't waste your time with this. Or ours.

I think you may be right. Of course scammers and collectors are about the same.