Old GE Money account

[katvia]

Hello folks,

I hope someone can help me figure out my next step here.

First, I am in South Carolina. I had 4 cc and debt totaling around $30k that I let go back in 2006. I wasn't able to pay it back then and things have if anything gotten worse for me financially. I have basically just bided my time and fought back with DV letters as needed. Things have been pretty quite for the past 2 years until this past Mon night when my Aunt got a call from a process server who questioned her extensively and said she and I were being sued. Worst of all, they asked about my Uncle who has been dead for 13 years...anyway...I am virtually certain it was an attempt to find me but, that is something I plan on taking up with the FTC and SC Dept of Consumer Affairs in a few days since she has NOTHING to do with this, but back to my dilemma. At first they said their name was Global Resources working for Portfolio Management and after I returned the call to ask for their name and mailing addy for a DV letter, I was told their name was Global Filings and at one point they made reference to the original GE Money accnt number. I really upset them when I asked for their license number to even do business in my state and was told I obviously had no intent to pay so I had just best find me a good attorney since they would attempt wage garnishment (not legal in SC, but funny considering the info below), auto liens (don't own one anymore), property liens (don't own any and don't plan on buying any other than one day some through inheritance perhaps) and finally a judgment, as I would need one since their attorneys are very aggressive.

I was told by them that the last payment on the accnt was in 2006 and I know the SAL here is 3 years. I would have to find the records to verify this as I have moved recently...see below...Should I ask them to validate the debt? I know I did it, but frankly I could not pay it then...I got quite sick and made a few late payments, interest rates flew to 33% on all of them and it just snowballed. I spoke to an attorney then about bankruptcy, but he said since I did not own a house, only a car, I was basically judgement proof and given that my then husband would not also file with me it just wouldn't work and to just wait out the SAL's. I even figured out what I could afford to pay each of them back then and sent letters offering it, but not surprising, I did not get any response. Fast forward to now, I lost my job in 2009 and haven't found anything other than keeping my niece and nephew for $125 a week which only covers the cost of my medicines, I have since gotten legally separated from my spouse and now live in my parents pool house which is where I plan to stay (they want me close to be able to look after me and given their advancing age it just works best for all of us), and sold my car. It is my understanding that the SAL's can be either 3 yrs from the date of the last payment, or 180 days plus 3 yrs from the SAL's..either way it has now passed. Now, I understand they can still try to get the judgement, but I do have the absolute defense of SAL's, beyond that as my friend says so what if they do get it one, it will never be fulfilled anyway...I have nothing to get...I could not pay it then or I would not have walked away and now well, money wise I don't even have the proverbial pot since it belongs to my parents. I have learned my lesson with cc's through all this though, if I can't pay for it, it doesn't get bought!

So, back to the question...Do I bother with a debt validation? I'm sure it is I was told by them that I had agreed in Jan 2011 to repay it, but that is simply a lie, the only thing I was doing in Jan was fighting with my almost-ex about him maintaining my health insurance for a time. Besides, the fact that they called my Aunt tells me they were fishing anyway...I made sure to always say alleged debt like I have been told in order to not restart the SAL's...In fact, I was planning to begin working on my credit reports this summer to begin to try to clean them up.

Ok, Sorry for the Saga, but thought I should provide as much info as possible...Thank you so much for any guidance you can give or knowledge you can share!
Katvia

[30daylate]

Great insight into your problem. If it is past the statute of limitations, I wouldn't bother with a debt validation letter. I would ask them to verify that they are within legal rights to collect (which they aren't) and also ask them not to contact you by phone. While they are researching whether they can legally collect, I think it is illegal for them to try and contact you for collection.

[freems4]

Yes; you do need to double check the statute of limitations, I also agree that I wouldn't bother with a debt validation letter. I would ask if they have the right person; and ask them to verify that they are within legal rights to collect; Not sure that they are. While they are researching whether they can legally collect, I think it is illegal for them to try and contact you for collection. I was told that it would look bad on your CR to pay them off. It will be on youir report for another 4 years then it would be off.

[Lian]

Debt validation letters, and/or their responses thereto, are not reported in any manner to your CR. They are debt collection practices matters under the FDCPA that have no relation to credit reporting under the FCRA. Likewise, offers to pay are not reported to a CRA, and thus are not reflected in your credit report. So declination of an offer to pay wont appear in your CR.

I would never ask a debt collector to make any determination for you of whether the statute of limitations has expired on the debt, and thus their legal ability to prevail in court. They will most likely laugh at such a request. SOL is something you assert, and expiration of SOL is not a matter of fact until asserted and proven by the consumer in court. They don't determine whether you have a legal defense or whether that defense will prevail.

Asking them whether they can legally collect is kinda silly. Their answer will be yes because that is what they are doing. Asking someone to research whether they are violating the law places no requirement on them to do so. A debt collector is only barred from continuing collection activities in the period between a timely request for debt validation under FDCPA 809(b) and their validation of the debt.