Collections Law/Bankruptcy or Not
QUESTION: Hello, thank you for volunteering your time.
My dilemma is I have 4 credit cards in collections, on my 3 credit reports it states these are to "fall off" in August, Sept of 2014.
I live in NH and the SOL is 3 years, so I think that means they can not sue me ? And if taken to court I need to prove the SOL has passed.
That would be question 1, am I correct in that thinking?
I realize the collections will be on my credit report for 7 years here in NH and next Fall if they do not fall off I can write a letter asking/demanding? them to be removed?
I guess that was question 2.
I also know to not enter into a repayment plan as that will restart the SOL,what confuses me if if they cannot take me to court since SOL has passed, then what other means do they use to try to collect? The tricky "okay I can pay you x amount of dollars? Is that the only way after SOL is passed? I was denied an apartment because of this bad credit, should I file bankruptcy or wait it out till next Fall? Side note is that the collections have only sent perhaps 1 -2 letters per year, so I do not have any cut throat demanding letters /phone calls . I pay my bills I never knew I would become disabled and become unable to pay my bills. So what is the only way they could get money now from me?
ANSWER: Since the statute of limitations is up, the only thing they can do is to continue to attempt to collect by letter or telephone and to keep it on your credit history. They will probably sell these debts to a collection attorney and they will threaten to do all sorts of things that they cannot do. Simply send them a cease and desist letter. Do NOT pay them a dime. If they threaten to do anything to you, get an attorney and sue them for possible FDCPA violations.
As for filing bankruptcy, I can not advise you on this as I am not an attorney. I do know it will be on your credit for 10 years but I do not believe it will be as damaging as the three credit card entries. I wish you the best with this situation.
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QUESTION: Thank You, the only follow up question is the bankruptcy would be on for 10 years, but my credit , the cards that were sold to a collection agency. They will be gone next year. So my credit reports would not any anything negative after the date of fall off. So when an apartment checks my reports they will not show, is that correct?
So to me , it kinda makes more sense to wait out the year and 1/2 and have my reports clean, vs bankruptcy. I am so close to having them gone. Did I make sense ?
Items on your credit history will remain there got seven years from the date of the last activity so It sounds like you have quite some time for these accounts to be there. You can get a free assessment from a bankruptcy attorney that can give you much better advice on this than I can. Again, good luck.