Question regarding statute of limitations and tolling debt

[Wingsfan1991]

Hi All,

My Wife and I received a collections letter from an original creditor today.

They are trying to collect on a charged off repo.

The last date of payment was on July of 2017. We moved from michigan to florida a few months before the date of last payment and paid on it until we could no longer make the payments.

I am wondering if this will extend the statute at all. If not it should be time barred.

If not...do I start with the debt validation letter in the zombie debt post then follow it up with a cease and desist letter? I don't want them to be able to go the "account stated" method on us.
Thank you for your help!

[justbroke]

I'm no expert at collections, but making payments may reset the statute of limitations as far as debt collection is concerned. For credit reporting, however, the date will be based on the last date of delinquency. That makes credit reporting and the collection bar two separate issues.

You can always start with debt validation, but since this is the original creditor, they can just send statements and be done. In fact, if this is the original creditor, they likely don't need to "validate" a debt.

There are other factors at play for the statute of limitations. It depends on the choice of law that's in your contract (does it specify which State laws will be applied). Could also depend on the type of contract? Could also matter if any part was tolled.

I can't answer any of those. I'm not that good at debt collection as I've never had this issue in over 22 years.

[Wingsfan1991]

Thank you...I appreciate the help!