Comments on: Responsibilities of Paying a Charged-Off Debt

By: Kelley

Kelley — Sun, 18 Sep 2011 22:27:00 +0000

Jyodak, if your case was dismissed due to lack of prosecution (attorney did not show), it was likely dismissed without prejudice allowing for re-filing of the case in the future (especially if you, or your attorney, were not present either). Technically I believe that the creditor could refile (though I doubt the courts have much patience for that), but they probably wouldn’t bother to pay the court fees all over again. It is more probable that the debt will be sold to another collection agency who will attempt to collect the debt, possibly even by filing another lawsuit. Don’t be surprised if the debt resurfaces at some point in the future.

By: Jyodak

Jyodak — Thu, 04 Aug 2011 23:29:00 +0000

I have a debt that was charged off in 2009, and I had a court dismissal on the same action in 2009. My understanding is that their lawyers did not show, so the case was dismissed against me. What is my legal obligation?

By: Hillaryhope

Hillaryhope — Thu, 07 Apr 2011 05:58:00 +0000

Yes SOL means just that the statute has run and you can’t collect. I seriously doubt you can collect debt after you charged it off. Get it charged it off.

By: Vpoffo

Vpoffo — Mon, 28 Feb 2011 22:27:00 +0000

can a cemetery remove a headstone because the account was never fully paid? some dates are 1970′s
1980′s and charged off long ago.

By: sheema

sheema — Thu, 06 May 2010 00:03:42 +0000

Not only is the grammar bad, but this is legally incorrect. PAST THE STATUTE of LIMITATIONS means just that otherwise there would be no point in having one. They can try to continue to collect but a letter informing them that the statute has run out is all that they should get from you. I think most of these credit “advice” sites are run by collections agencies, credit repair firms or attorneys and of course they want you to think you are liable forever so you will pay them – LOL.

By: TooLazytoMakeaName

TooLazytoMakeaName — Mon, 08 Feb 2010 09:04:20 +0000

Typo in second paragraph: money is not owned to a company, it is owed.

By: n1ame

n1ame — Wed, 07 Oct 2009 02:29:44 +0000

Typo in this sentence in the fifth paragraph: “Be forewarned, even if the debt is passed the time of…” The word 'passed' should be past.

Good info…

By: n1ame

n1ame — Tue, 06 Oct 2009 19:29:44 +0000

Typo in this sentence in the fifth paragraph: “Be forewarned, even if the debt is passed the time of…” The word 'passed' should be past.

Good info…

By: Vern

Vern — Thu, 24 Jul 2008 17:33:36 +0000

I had a credit card Debt of $900 in 2002-2003. I had a heart attack around mid 2003 got behind and the CC was charged off. Got a letter early 2004 from a law firm (they were collecting for the cc Company). Agreed to make payments of $50 per month (I later increased the payments to around $100) The amount the law firm said I owed was $2544. Paid this off in full sometime during 2006 and received a paid in full letter from the law firm. Pulled my report a few days ago and found the CC company Charged the account off again around May of 2007 and settled for less than the full amount. I called the CC Company and they said that interest and fees continued for the account However they would not tell me an amount. From the article this comment was based on I can see the reason but this brings me a question. The Truth In Lending Act has a section that specifically talks about disclosure and for anyone that might be interested it also talks about something about periodic statements. If you look at the act it says that the if a consumer has an account of over $1 a periodic statement must be provided showing detail such as rates being charged debits and credits in detail. It does say that if a debt is not collectible that this does not have to be done, however in my case where I was paying the debt based on an agreement (I always paid at least $50 and never late) I don’t see how it could be considered not collectible. I’ve been searching the net to possibly find instances where the TILA may have been used for similar instances but have not had any luck.

By: Vern

Vern — Thu, 24 Jul 2008 17:33:00 +0000

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