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I had a collection agent call me the other day stating that if I can not provide him with 50% of the amount owed if he will have to file for a warrant in debt for the money owed. Here is the thing: the collection account is 12 years old and is not existent on my credit report anymore. Can he actually still take me to court???
You need to check the SOL for your state. Now if it has past then no they can not collect from you and you need to send a letter to them stating this. If it hasn't past then yes they can collect. But do not pay them anything if the SOL has past because if you do it will reset the time and the SOL starts all over.
Can a judgement be filed after 12 years of inactivity?
Hi simplyusa,
What you need to do is, check the SOL of your state, as debranewell has advised. Don't do anything with the account before you surely know that the SOL has expired. If the SOL has expired then the creditor can do nothing about it. However if the SOL hasn't expired then you should first be sure about it, that you owe the debt. Only then can you go for a settlement with the original creditor. For this again you must send a cease and desist letter to the CA.
However if you think that you don't owe the debt then you can opt for a dispute with the credit bureaus.
Thanks.
12 years is pretty long but IL or OH have a crazy long sol.