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Collections Law/Follow up to question previously asked about north carolina SOL

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Expert: Creditwrench - 12/29/2008


Question
I recently asked and received an answer from Melissa Douros with ALLEXPERTS.com. It was regarding a collection call from a law firm in New York calling on behalf of Columbia House Video company. They said the debt was from 2004. The amount was $234.00 (they said interest had been building on this acct since then)   Your expert had said that the SOL for North Carolina had expired for this debt. She also advised me to write them and inform them that I knew my rights and that the SOL had expired - which I did NOT do - (I lost their address) Anyway - they called again today and I informed the caller that I wasn't at all sure I owed them (Columbia House) anything. I informed him that I had done some checking and that the SOL had expired in MY state and he said: "well, actually that's not quite true - it has for criminal matters..." (that REALLY didn't sound right to me) then he kind of chuckled and said that he would just tell them that I wouldn't pay or something to that affect- but he DID SAY THAT about the SOL. Now I am confused! Is he right? If what you guys told me was correct - do you think that since I told him about the SOL they will not contact me again? Also, would it be legal to assess that much in interest for an account of this nature? Also, this has never shown up on my credit report either! This makes me all the more suspicious!

Answer
I have nothing to do with Melissa Duros. I do not agree with her advice to tell them about the SOL either. In my opinion you should never attempt to educate the other fellow about anything. The response you got from them was totally stupid. Civil and criminal are two different bodies of law and what is true for one probably isn't true for the other. Each has it's own set of rules of procedure and rules of evidence. I'd send them a simple demand for validation and dispute the debt in the process. Don't use any letter that tells them anything about law or asks them any questions whatever.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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