Tuesday, October 17th, 2017

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Will Talking to Debt Collector Reset SOL?

Dear Melissa,

We recently received a phone call from a gentleman stating he was calling about a debt. The message was incomplete, and his number was cut off.  I hit my redial and called the main number back.  I was asked if I was the household member responsible for the finances, and I answered yes.  I was then forwarded to an agent that was semi-polite; you could hear the disbelief in her voice.

She started out by asking if I was Sonny, and I stated no, that it was my husband.  She then asked if his last four of his social was XXX, which I confirmed.  She then told me that she was calling about an account from HSBC and that the balance was $7,000.00.  I told her we had not such credit card limit and that we did not qualify for that amount.  Next she told me that the charge off was actually $3500.00 I again told her we still have never qualified for a credit limit with that amount. 

She then stated that it could be something other then a credit card.  I told here that everything else we have is in both our names and is current. She then said to hold for a minute, that she would pull his credit report to try to match the debt.  She said that there was an HSBC listed on this credit report with a limit of $1,000, that this had to be the account and that the additional amount was interest that was still accruing on the account.  If it was charged off at $3500.00, how can it still be accruing interest? 

The account is closed she stated and is still accruing interest. I asked how and she stated that most people when they enter into agreements don’t read the small print.  I told her that before I could concur that this was our debt, I would need to speak to my husband, she asked if I could call her back I stated yes. Once we hung up, I pulled my husband’s credit report, and I only see an HSBC account with a $1700.00 amount on it.

Knowing that Nevada’s Statue of Limitations is 4 years for credit card accounts, have I just made that part null and void by speaking to them?  If this turns out to be our debt are we responsible for the amount over the limit or over the amount that is listed on his credit report?  Do they have to provide us documentation showing that they, in fact own the debt and that it is ours?  I am in the process of pulling out our old paperwork to review the terms and conditions because I have a bad habit of keeping everything.  Please help.

Kara J.

Dear Kara,

First thing.  Type a letter and send it to the collection agency requesting documented proof of the debt.  The original creditor will have to send them all signed contracts and copies of bills to sort out what is owed.  They cannot legally attempt to collect on this bill again, until the debt has been proven.

Second, no the statute of limitations will not re-set just because you talked to them about the bill.  The only time this can re-set is when a consumer is sued and the creditor wins a judgment, they judgment can be reinstated every 7 years at the expiration date.  But, I am going to assume that you have not been sued.

If the account is over the statute of limitations and they do attempt to sue you for the account, you can take a copy of the statute to court and they would have to dismiss the case.

Melissa Douros Dovco Collection Solutions, Inc.

As the owner of Dovco Collection Solutions, Inc., Melissa Douros uses her eight years of being a collections specialists to offer advice and answer questions pertaining to debt collection. With running her own successful collection agency, she seeks to keep debt collectors accountable for their actions and in line with the law.

Do YOU have a question for Melissa? Email her at melissa@dovcocs.com

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