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I Have a Question About My Girlfriend’s Statute of Limitations and Her Gateway Computer. – Brian

“Dear Steve,

This is my girlfriends past debt. Back in 2000-2001 her then boyfriend bought a gateway computer from Gateway for about 3000$ in the state of Arizona. In 2002 she moved to Idaho. Last payment was made in 2003. No further action was taken on her part to resolve this debt.

There is now a collection company called Asset Acceptance LLC who retained Monarch Recovery Management, INC to collect the debt. I’ve read both states statutes about SOL’s and researched this in depth online.

My understanding is that they may attempt to collect this debt but since it is past both states SOLs it would get thrown out in court by simply stating that and providing documentation as evidence. My concern was that since this began in Arizona and she left before the SOL came into play that it put it on pause? I’ve read several “testimonies” mentioning this and I can’t find any state statutes going along with it. Is she in the clear with this or will they use the fact she moved out of state as a way to pause the SOL?

Brian”

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The Answer

Dear Brian,

Unless you talk to a licensed attorney in your state, nothing you will read on the internet can be relied upon as definitive advice for this situation.

You can find an attorney through the Idaho State Bar website.

I’m curious, have they threatened legal action?

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

Big Hug!

I Have a Question About My Girlfriends Statute of Limitations and Her Gateway Computer.   Brian
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Brian

    We have sent off the letter stating the Statute of Limitations and for them to cease further collections. So far we haven’t heard a peep out of them. We are keeping an eye on the court cases in case they try to just go around us without us knowing till it is too late.

  • Steve Rhode

    Why send the letter? At this point, if you have confirmed it is a time barred debt, and you have not acknowledged to the collection agency that you have any responsibility for it, then it seems the safer course of action is to do nothing so that no correspondence or action on your part could restart the clock.

    “Be careful not to restart the statute of limitations. Anytime you take an action with an account, the statute of limitations is restarted. Making a payment, making a promise of payment, entering a payment agreement, or making a charge using the account can restart the statute of limitations on an account. When the clock restarts, it restarts at zero, no matter how much time had elapsed before the activity.” – Source

  • Brian

    Just a correction on a typo :)

    “The lawyer was pretty sure from dealing with this company in the past that they probably COULD NOT even provide that.”

  • Brian

    She just can’t afford it and I’m not talking about she can’t afford it because she needs money to spend on clothes, entertainment, and other frivolous things. She really doesn’t have the money.

    Update on this case. I’ve spoke with a lawyer and he said I was spot on with everything. In both states it is considered a time-barred debt and I should continue by sending a letter disputing it and request for validation. The lawyer was pretty sure from dealing with this company in the past that they probably could even provide that. Even if they did to then respond with the fact that it is time-barred and there is no further course of action for them.

    I’ll be sending the letter off this Monday and will see where this goes. I’ll keep you updated if you like on how things turn out from this point.

  • Steve Rhode

    Seems reasonable. Is there a reason she does not want to do that?

  • Brian

    So far they have no threatened legal action. In fact they have been unusually nice about this. No yelling and no threats. They just want to arrange a payment plan which she still can’t afford.

  • Brian

    So far they have no threatened legal action. In fact they have been unusually nice about this. No yelling and no threats. They just want to arrange a payment plan which she still can’t afford.

    • http://GetOutOfDebt.org Steve Rhode

      Seems reasonable. Is there a reason she does not want to do that?

      • Brian

        She just can’t afford it and I’m not talking about she can’t afford it because she needs money to spend on clothes, entertainment, and other frivolous things. She really doesn’t have the money.

        Update on this case. I’ve spoke with a lawyer and he said I was spot on with everything. In both states it is considered a time-barred debt and I should continue by sending a letter disputing it and request for validation. The lawyer was pretty sure from dealing with this company in the past that they probably could even provide that. Even if they did to then respond with the fact that it is time-barred and there is no further course of action for them.

        I’ll be sending the letter off this Monday and will see where this goes. I’ll keep you updated if you like on how things turn out from this point.

      • Brian

        Just a correction on a typo :)

        “The lawyer was pretty sure from dealing with this company in the past that they probably COULD NOT even provide that.”

      • http://GetOutOfDebt.org Steve Rhode

        Why send the letter? At this point, if you have confirmed it is a time barred debt, and you have not acknowledged to the collection agency that you have any responsibility for it, then it seems the safer course of action is to do nothing so that no correspondence or action on your part could restart the clock.

        “Be careful not to restart the statute of limitations. Anytime you take an action with an account, the statute of limitations is restarted. Making a payment, making a promise of payment, entering a payment agreement, or making a charge using the account can restart the statute of limitations on an account. When the clock restarts, it restarts at zero, no matter how much time had elapsed before the activity.” – Source

      • Brian

        We have sent off the letter stating the Statute of Limitations and for them to cease further collections. So far we haven’t heard a peep out of them. We are keeping an eye on the court cases in case they try to just go around us without us knowing till it is too late.

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