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 Posted: Mon Feb 26, 2007 5:34 pm Subject: Collection Laws of my state |
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I have been looking at the collection Laws of my state and it is 3 years
allied interstate is trying to collect on a debt that i have not gotten a bill in over three years and now they are trying to collect on it what do i do and it isnt even on my credit record!!!! Please help me
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lizboop
Joined: 26 Feb 2007
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| Posted: Mon Feb 26, 2007 5:41 pm Subject: |
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Hi, welcome to the forums.
To start with, send them a debt validation letter. This will aske them to provide proof of the claim.
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finsfan13
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| Posted: Mon Feb 26, 2007 7:35 pm Subject: Allied Interstate |
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I ask them for verifcatiion of the bill he said he didnt have to send me one and that i owed the bill and i needed to pay ..
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Booper
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| Posted: Mon Feb 26, 2007 7:42 pm Subject: |
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And you tell him that HE has to send you a DV letter. It is your right, by law to get it. If he gets nasty (as he will), just tell him that he has just lost his client some $$$ because of his a***ole attitude. Hang up on him. If he wants to collect, he gives you the info.
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lrhall41
Joined: 22 Jan 2007
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| Posted: Wed Feb 28, 2007 10:03 am Subject: Allied Interstate |
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THey have call me twice this morning and nobody on the line dead air started calling at 8:19 am and where i live they cant start calling until after 9 am
the man i spoke to on sat said he would no send me a
DV letter said he didnt have to !!!!
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lizboop
Joined: 26 Feb 2007
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| Posted: Wed Feb 28, 2007 10:16 am Subject: |
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Send 2 seperate letters, reciept return, demanding debt validation, and that all further communication be done by mail. There is a difference between asking/telling them over the phone and sending a letter.
| Quote: | | I have been looking at the collection Laws of my state and it is 3 years... |
If it is a legitimate debt, they can attempt to collect it forever. The SOL means they cannot sue you for it. You stated it is not on your credit report, so I assume that it is over seven years old. If that is the case, you can send a cease and desist letter (no further communications). Only do this if you are absolutely sure the SOL is expired (CND letters on unexpired debts get the debtor sued very quickly). What state are you in?
| Quote: | | THey have call me twice this morning and nobody on the line dead air started calling at 8:19 am and where i live they cant start calling until after 9 am |
You can file a complaint with the state agency that regulates collectors, the BBB, and perhaps look for an attorney that would take the CA to court for this.
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Morningstar
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| Posted: Wed Feb 28, 2007 10:21 am Subject: Allied interstate |
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I am in Washington and here are the laws
| Quote: | STATE: WASHINGTON â€
INTEREST RATE
• Legal: 12%
• Judgment: 12%
STATUTE OF LIMITATIONS (IN YEARS)
• Open Acct.: 3
• Written Contract: 6
• Domestic Judgment: 10
• Foreign Judgment: 10
BAD CHECK LAWS (CIVIL PENALTY)
Lesser of check amount or 12% interest, collection costs up to $40. If taken to court, reasonable attorney's fees, 3 x value, or up to $300. Now have 6 years to enforce a bad check.
GENERAL GARNISHMENT EXEMPTIONS
Greater of 75% or $64 wk. (40 x state min. hourly wage).
COLLECTION AGENCY BOND & LICENSE
• Bond: $6000 general, $4000 specialty
• License: Yes
• Fee:
o $100 - Investigation
o $100 - Original
o $100 - Renewable
o $50 - Branch Office
• Exemption for out-of-state collectors: Contact state authorities. Out-of-state agencies may qualify for lesser licensing fees. Out-of-state collectors are no longer required to have resident office and instate trust accounts if they don't have instate client. Bond is not required if held in home state. |
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lizboop
Joined: 26 Feb 2007
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| Posted: Wed Feb 28, 2007 10:39 am Subject: |
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I agree with everything that everyone else has said, and I would also add that you should definitely continue with what you're doing about learning the laws. allied interstate will break the law in dealing with you -- in fact, they already have, by refusing to validate -- so you need to know your rights.
I would disagree with Morningstar about the frequency of lawsuits in response to CNDs. In my experience and from everything I've seen, that's actually a pretty rare response to a CND. That's a separate issue, though.
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DebtPadawan
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| Posted: Wed Feb 28, 2007 10:47 am Subject: |
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I only meant a full CND, not a cease verbal communications. A CA can and often does, interpret a full CND as a refusal to pay. Then, the only way they can collect is through litigation.
Edit: dp is right-kudos to you for really brushing up on the appropriate laws. If only more people would do so.
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Morningstar
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