Jeffrey Booth2 said:Hello everyone. I have a question on behalf of my sister.
She just received an enforcement notice from Eos Matrix regarding a debt they purchased from Wells Fargo.
The debt originated somewhere around late 2010 or early 2011 (specifically, an overdraft on her checking account).
Eos Matrix has been relentlessly sending warnings, making threats, and calling her a million times. However, they constantly cite different amounts—one moment the debt was around 14,000 bucks, then suddenly they’re sending notices for $0.83... God only knows.
Now, they’ve submitted a proposal for enforcement for $784.
The actual debt was closer to $5000.
They are citing a debt assignment agreement as the basis for their purchase of the debt, but my sister has never seen such a contract, nor did she ever sign any assignment paperwork.
Basically, we are considering filing an Appeal.
Is it possible this is past the statute of limitations? What exactly is the statute of limitations for debts stemming from a checking account overdraft (believe me, I’ve read through various laws and I just can't make sense of it)? Also, would a different set of laws apply back when the debt was first incurred, given how often regulations change here in the US?
I need some advice: does it make sense to file an Appeal, and if so, what should be the grounds?
The constant discrepancies in the amounts they claim, the questionable assignment agreement, and the possibility of the statute of limitations being met all seem highly suspicious to me.
The statute of limitations is governed by the Obligations Act.
If they initiated the enforcement within the timeframe specified by law, there isn't much room for an Appeal based on the statute of limitations because everything was done legally on time.
Honestly, I don't believe a major Bank would ever let a debt like this expire.
I've never heard of that happening.
If the debt started in late 2010 and the statute of limitations is 5 years, then the deadline to start enforcement was the end of 2015. So, it looks like they timed it perfectly.
Once the enforcement order becomes final, a general statute of limitations kicks in, which in this case is 10 years.
And seriously, why hasn't your sister tried to deal with this or work out a settlement with the Bank all these years? Thousands of people do it every day... they know they owe money, they know life happens and they can't pay according to the original terms, so they go to the Bank and cut a deal.
As for the assignment, it sounds legit to me. The Believer (the Bank) transferred the receivables from your sister to another company and sent her a notice about it.
She doesn't need to give consent for that. Legally, all she needs is to be notified that someone else now owns the debt, and she already got that notification.
She should just reach out to the company, give them a call... and try to negotiate something.
Dragging your feet like this only serves to pile on more interest and extra costs.
Besides, how does someone rack up that much debt on a checking account and then assume the Bank is just going to write it off? 🤦
I mean, would your sister lend a neighbor a bunch of cash and then just sit there doing nothing while waiting for them to pay her back?