I don't remember even joining a health club, Arizona Swim and Fitness, It hasn't shown up on my credit report, and I knew nothing about it until now. They are offering to settle the $859 debt for $257 if I act now. This "debt" is 15 years old!!!!! What are my options??
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You are not obligated to pay any debt that has not been tried to be collected on for 7 years. Since it is 7 years old or older it will not show up on your credit report. Business sell these old accounts to collection agency's to try and get a back a percentage of the money while the agency gets the lion share, call the health club and ask them to send any relevant documents, I would bet they cannot and case closed, been there done that. If they try and bully you tell them you will report them to the BBB and to the credit reporting agencies. You don't owe them anything and hang up no matter what they threaten, they are powerless and cannot hurt your credit.
answered 1 year ago
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YES, THE 7 YEAR TIME FRAME IS CORRECT AND THAT DATE IS CALCULATED ON THE LAST CONTRACTUALLY AGREED PAYMENT ( I.E. YOUR SCHEDULED MONTHLY DUES, ETC.)
ALSO, I WOULD ASSUME THAT THIS IS A DEBT THAT WAS SOLD TO A COLLECTION AGENCY.THE LEGAL REMEDY FOR ELIMINATED THEM FROM THE PICTURE IS TO SEND THEM A LETTER OF "CEASE AND DECEASE" STATING YOUR RIGHT THAT YOU CHOOSE BY LEGAL REMEDIES TO ONLY DEAL WITH THE ORIGINAL CREDITOR AND BY LAW DO NOT HAVE TO DEAL WITH THEM .IF THEY CONTACT YOU IN ANY FORM AFTER YOUR "CEASE AND DECEASE" THEY WILL BE LIABLE BY LAW TO PAY YOU DAMAGES,IMPOSED BY THE FEDERAL TRADE COMMISSION. THIS WILL GET THEM OFF YOUR BACK AND SINCE THIS HAS ALREADY BEEN SOLD BY THE ORIGINAL CREDITOR THEY HAVE OBVIOUSLY FILED THEIR CREDITS IN THEIR BOOKS AS A WRITE OFF OR BAD DEBT SO IN ESSENCE THEY HAVE THEIR PAYMENT BY OTHER MEANS BOTH BY BUSINESS LOSS DEDUCTIONS AND THE SELLING OF THE DEBT. SO JUST STATE YOUR RIGHTS IN WRITING - SEND IT CERTIFIED MAIL AS LEGAL DOCUMENTATION.
IMPORTANT: DO NOT DO THIS VERBALLY- YOU WANT PROOF ON YOUR PART. THIS TOGETHER WITH THE AGE OF THE DEBT WILL MAKE THIS DISAPPEAR.
P.S. ALSO IF THIS IS A LAW FIRM , YOU CAN ALSO NOTE THAT IF THEY COLLECT MORE THAN [3] DEBT COLLECTIONS A YEAR THAN THE LAW RECOGNIZES THEM AS A COLLECTION AGENCY AND ALL THE SAME REMEDIES APPLY.
answered 1 year ago
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