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Barrister
Barrister, Attorney
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A collections agency is trying to collect payment for a Capital

Resolved Question:

A collections agency is trying to collect payment for a Capital One credit card from 9 to 10 years ago. I live in Colorado. I don't know what state the agency is in. Do I have to pay this? Please help.
Submitted: 5 years ago.
Category: Legal
Expert:  Barrister replied 5 years ago.

Hello,

 

The statute of limitations on credit card debt in Colorado is 6 years.

 

13-80-103.5 General Limitations on actions

 

1.) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:

 

a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year;

 

 

So first send them written notice certified mail that under the Fair Debt Collection Practices Act, you are requiring them to "validate" the debt.

 

Under the FDCPA, you are allowed to validate this debt, and the creditor (in this case, the collection agency) must show you proof that you owe the debt to the collection agency (not to the original creditor.)

The specific section of the FDCPA:

 

FDCPA Section 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

 

Once they validate the debt (if they can) send them a letter certified mail that the debt is beyond the statute of limitations and uncollectible. The Statute of Limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the Statute of Limitations expired, you will have a lost lawsuit and a judgment against you.

 

 

Thanks.

Matt

 

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23159
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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