Can someone help about a debt collector?

[sexywannabe]

Years ago (maybe 5 or 7), I co-signed for my stepson a new computer. He has gone through 2 more computers since then. The whole time I thought he had already paid it off. Now out of the blue I am getting notices from a third party collector saying I owe them a little over 4,000 dollars!!!

My stepson and I have not spoken in about 3 months due to some outrageous lies he has been saying about his father. I told him until he had something nice to say, then I don't want to talk to him and hung up the phone. We have not spoken since. My husband and I have tried to talk to him, but he will not talk to us (he is 23). I am through trying to be nice to him. He wants to feel this way that's fine by us, but how can we get him to pay his debt? I have been doing research on this and there is some legal time limit to try and collect debts, but I cannot get a definite answer. Also the debt collector told me that my stepson said when they called him that he did not have to pay it and hung up on them. I am so pissed off at him!!!!!!!

I know I co-signed , but at the time we were really close, he had a good job, and he was paying his bills. I want to try and take him to small claims court to make him pay me. Does anyone have any advice on what to do????

[*Emma*]

Re: Can someone help about a debt collector?

i know they cant chase a debt thats over 7 years old, it becomes obsolete, however im in England so laws may be different... check it out as if your near that it needs to be wrote off...

other than that i cant help much as things work different here, but good luck!

[stlsweeti]

Re: Can someone help about a debt collector?

Here is the statue of limitations in N.C.

North Carolina Statute of Limitation

Express or implied contract, not under seal: 3 years.

Contract and sale of personal property under seal: 10 years.

Open account: 3 years, NOTE: Each payment renews the SoL on all items purchased within the 3 years prior that payment. If no payment is made, the SoL runs from date of each individual charge. Contracts: From date of breach or default, unless waived or performance under the contract is continued.

Judgments: 10 years

Partial payment BEFORE the SoL expires renews the SoL from date of payment.

Payment AFTER SoL expires renews SoL ONLY if, at time of payment, circumstances infer the debtor recognized obligation to pay. Partial payment on open account restarts SoL on purchases made within 3 years of payment date, if acknowledgment can be inferred, starts the statute anew as to the full obligation acknowledged, even if all of the charges were not made within the last three years.NC Continued...

Partial payment by one debtor does not renew the statute of limitations as against any a co-debtor unless that co-debtor agreed to, authorized or ratified the partial payment.

Partial payments DO NOT affect the ten-year limitation on enforcing or renewing judgments.

Bankruptcy, Death or Disability: Filing of a bankruptcy tolls the statute of limitations for the enforcement of contracts and judgments.

The death, minority, disability or incompetence of a debtor also tolls the limitation period until such time as a personal representative of the estate or a guardian of the incompetent or minor is appointed.

[stlsweeti]

Re: Can someone help about a debt collector?

Here is another link in case the first one was confusing. It sounds like the Statue of Limitations might be up. Debt collectors can still call you, but they can't sue you. BEWARE: If you make ONE....just ONE payment, the time clock on the SOL RESTARTS the clock!

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml