I was checking my credit score today, and look like for the first time since 2013 I just saw a new inquiry that is in collections, never seen it before I am very good at checking it every month. Looks like Sept 1st 2016 the account was open from "Caine and Wainer Company" because i failed to pay
I was checking my credit score today, and look like for the first time since 2013 I just saw a new inquiry that is in collections, never seen it before I am very good at checking it every month. Looks like Sept 1st 2016 the account was open from "Caine and Wainer Company" because i failed to pay Enterprise Rental Car. I did rented one, and have receipts. I also rented one back couple of years ago and also paid it, supposedly, they are to charge a deposit, there would have been no way for me to walk away without paying the days i did and if I didn't wouldn't they have kept my deposit? Anyways, what can I do? i no longer have receipts or anything. I called that collection number, but they were so rude. They are telling me I owe $256.00, but they asked me to pay $177.00, which that's what it says on my collection credit report. Also, the lady, was messing up on dates, she stated April 2012 ( i was still in active duty, no way i could have rented a vehicle). How should i defend myself?
How do i resolved this? I called enterprise and they are unable to check a reservation from 2012 or 2013. I don't have receipts either for that time. I have the most recent one. But not from the time they are trying to charge me.
Blubber: In Arizona the statute of limitations on contract debt is 6 years from the date that the creditor could have filed suit against you.
Is the debt handled by a collection agency? If so, it should have all the documents. Request a "debt validation from them". If you can prove that you were on active duty on the date in question, merely inform the collection agency of that fact (with proof).
Don't get the statute of limitations (state law) confused with how long a debt can be reported to the credit bureaus (7 years by federal law).
For all debts, negative reports can be reported for 7 years after the default date. If you defaulted in 2013, the collection account stays on your record until 2020. This is different from the SOL for actually collecting a debt – the agency can attempt to collect a debt forever (it never goes away). However, after a certain amount of time, they can no longer obtain a legitimate judgement against you in court (there is a state level SOL for that).
As for defending yourself, the first thing you do is write a letter to the collection agency asking for the paperwork on the debt and their legal authority to collect the debt. If they cannot send you the paperwork on the debt and some form of paperwork which transfers the legal authority to collect the debt from Enterprise to the collection agency, you do two things. first, you write back informing the collection agency that you believe they have no legal authority to demand payment (there are plenty of form letters on thr web) and second, you file a dispute with thr credit bureaus claiming that the debt is mis-reported since the collection agency is not authorized, based upon the paperwork or lack thereof, ti collect the debt.
It might matter now, because you called a collection agency.
If you had not called the collection agency, then the answer would be that the statute of limitations is a certain number of years after when you last paid something, or after when you were supposed to pay, or after when you said that you would pay. It does not matter when, or if, it was reported to the bureau.
However, when you speak to a collection agency on the phone, you give them the ability to lie and say that you said that you would pay. If they do, then it doesn't matter whether the statute of limitations expired or whether you owed anything in the first place. The mere fact that you spoke to them on the phone is enough. They don't have to prove that you owed anything; it's enough for them to say that you agreed to pay when you spoke to them on the phone, and that agreement is binding, even if you didn't owe the original debt. The statute of limitations for the original debt doesn't really matter either, because the statute of limitations for the agreement that they say you made on the phones is years after whenever you spoke to them on the phone.
The standard statute of limitations on credit collections (regardless of the state that you live in) is 7 years, so if it was reported in 2013, you still have about 3-1/2 to 4 years left of it showing on your credit report and they also have the right to try and collect until that time.