Collections Law/Perkins Loan

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Question
Hi Ray,

Apparently I had Perkins loan for $400 while in college. I had left college back in 1987...the apparent time of the loan. I had other college loans and had paid them off years after leaving school. I got a letter in the mail today after 27 years later stating they apologize for the lack of timely notification due to a processing error. I believe that it was paid but have no proof since after 27 years has passed I am most positive I have no proof of payment on my part since any records of payment either in receipts of cash or check no longer exists. It has been passed to a collections agency an no interest has been added because of the error. Since their is an error how am I to know that it was paid and somehow had kicked out differently. I also had filed for bankruptcy back in 2001 and nothing had showed I had an outstanding loan for this at all. I assume this would not be applied to bankruptcy but would show any other outstanding credit or loans. This is the first notice I have ever received and would like to know where I stand on this for having to pay a supposed bill that in all likelihood was paid well over two decades ago.

Thanks in advance for your help.

Sincerely

Tom

Answer
Student loans are exempt from Bankruptcies and there is no statute of limitations. What I do not understand is why you have not been contacted for so long. I do know that collection agencies buy debt that is to say the best, questionable.  I would recommend that you start a collection diary. Document all types of communication and who you spoke with, Send a certified letter to the collection agency disputing the debt and ask them to send validation.  27 years is a long time on both ends of this situation.  Do not admit in anyway that you might still owe this.  Let the burden of proof be on their end.  I seams to me that for no more that $400, they would write it off and carry on.  Please let me know if I can be of further assistance and good luck with this.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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