If Collector calls What are the most important 3 steps that need to be taken, So I dont get scammed or ripped off?
Thank You!

received a letter from a collection agency for monies they say I owe from 25 years ago. I filed bankfuptcy 25 years ago in california. They are a michigan collection company that bought the collection (I'm guessing). Can they make me pay after a 25 yrs old bankruptcy?

Help us,

I am pretty sure that it's SOL unless you have validate the debt. send them a letter stating that it's SOL.

I pulled my credit report and discovered that this company saying that I owe 3558 from a enterprise car rental. I disputed with credit reporting agency and it came back verified. The date of of 1st delinquency was 02/2005. My question to the group is this out of the sol.

This is what comes up:
Virginia Statutes of Limitation

Open account: 3 years from the last payment or last charge
for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.

I need some advice, the sol (statutes of limitation has expired, right so I can send a DV/Delete letter to the co.

thanks

I have been contacted by a collection agency (Van Ru) regarding a very past due macys account. I have been paying Macys directly ($25.00/mo) but this Van Ru co. keeps calling. Does this mean Macys is just taking my money without taking that amount off my balance? I would prefer to keep paying just Macys and not deal with the collection agency. What should I do?

Well, they can attempt to collect an out-of-date debt, but filing a lawsuit to do so, at least, is a violation of the FDCPA. So the statute of limitations is not merely a defense but also states a cause of action under the FDCPA which can be pleaded either as a counterclaim or brought in a separate suit.

This also goes for debts that have been discharged in bankruptcy.

I would also suggest that when collectors can attempt to collect out of date debts, what is considered "reasonable" collection practices becomes a lot stricter. And state laws may make such actions illegal.

No, not really. BK wipes the debt out completely. The state SOL only makes collection of the debt unenforceable in a court of law, and the 7 1/2 year SOL only makes it unreportable on the credit report. They can still attempt to collect (within reason, of course) the debt until you die, technically. But not when discharged by BK. It's done, over with, zilch, not there.

And yes, any time a collector or junk debt buyer dares to sue you for a time barred debt, you should *definitely* countersue and collect your $1,000 in an act of delicious irony.

__________________
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Banking issues, like ACH problems - OCC.

I got a call from Georgia two weeks ago and thinking it was friends, I answered. When I asked them to identify themselves, I realized it was a debt collection agency and immediately hung up. Suddenly I get a letter today (10/1) that per my verbal agreement with them I was suppose to have paid $5,600 by yesterday. I never made any sort of agreement or even acknowledged who I was. What legal recourse do I have here?

Hi,

Please can you offer advice on how to deal with multiple CAs trying to collect on the same debt. I took out an illegal internet payday loan in April, default on the loan, attempted to arrange a repayment of the funds, but to no avail...no return call....i have been contacted by multiple CAs trying to collect on the same debt. I pulled my CreditRpt and learned that Nat'l Credit Adj is report me as of 9/09 for $830 (the loan was for $600). I was contacted on 9/26/09 by TK Financial aka TK Recovery with threats of "aggressive legal action" if I did not pay the $830 today. I immediately fired off a DV letter, lodged complaints with BBB, FTC and AG, and forwarded a copy of my complaints, together with receipts of acknowledgments from the FTC and AG to the second collection agency. I also disputed the debt with the Credit Reporting Agencies.

Morning Star how should I deal with this situation? Is it legal for more than one collector to attempt collection on the same debt? Can one agency report to me to the credit bureau while another attempts to collect the same debt? BTW I have never been contacted by Nat'l Credit Adjusters, either.

Your comments would be much appreciated.

I'm not Morningstar but I'd like to tell you my opinion. Due to the fact that this is an illegal lender, you can rest assured that the collection agencies attempting to collect are most likely bottom feeders. You did the right thing by filing complaints. Inform these collection agencies that they are attempting to collect on an ILLEGAL debt. Dispute it on your credit report on the grounds that the lender was not licensed to lend in your state and violated the usury laws by charging illegal interest rates.

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Shazzers,

Thank you for your reply....I am so nervous about these collection agencies attempting to strong arm me and to destroy my credit....my life has not been easy, but I do take responsibility for my errors in judgment. I am going to fight them, tooth and nail....the last collector TK Financial said that they were prepared to take "aggressive legal action" if I did not pay today....via telephone call and via e-mail....As soon as I sent him the DV letter together with an acknolwedgement that I filed a complaint with the FTC/AG's office -- they replied by saying "we have ordered the documents to prove you owe this debt," so that we are clear, "are you claiming fraud?" I replied by saying please submit all future correspondence to me in writing through the US Mail at the address I listed on my letter to you. Thank you.

I can't help but wonder if these collection agencies know what the right/left is doing...it just does not seem logical to me that more then one agency can attempt to collect the "same" debt.

In the event that I do hear from one of these CAs again, should I inform them that they are attempting to collect a debt from an illegal unlicensed out-of-state pdl lender (I live in California) and that I will be filing complaints against them with the BBB and AG, again?

To Meg---I am not sure about any legal recourse, but send them adebt validation letter. I had a collection agency dothis to me one time, so,I added in my debt validation letter that they were wrong. I put that they did not speak with me, nor did I ever make any such arrangement.

I learned the hard way to document everything. I kept notes of days and times, copies of letters to and from the CA,etc.

They neeed to prove that they are the ones that are suppossed to be collecting on the debt and amount, etc. When was your last payment and /or your last transaction on this account?..Karen

__________________
As long as you are alive, there's always hope

bossy is right.in fact i would shoot a reply stating that you are demanding these documents they ordered.it is up the CA to prove you owe it.the fact they sent that in an e-mail.wow!!!!!!!!!again shoot a reply stating your demand of these docs.bet they will balk,as bottomfeeders always do.

__________________
giving hope to the hopeless,help to the helpless,and hap to the hapless.

Hi everyone
I am going through some hard times these fast few years. I have an unsecured credit card debts that was sold to a CA whom had called me few times demanding payment. I explained to them that I have every good intention of paying of that debt and that currently my financial situation is so difficult that I was not even able to participate in college due to dufficulty of paying for school costs. I explained to them all that I can afford is paying $50-$100 per month. They said they wont accept that and only want the balance paid in full along with all the late fees and interest accumulated even after they purchased it from the original credit card company. I told them I am not able to pay the whole thing since I can not even pay for my last 2 terms at university to be able to get a real job that pays me well enough to pay the debts. They stated that they will sue me and that according to state of Illinois laws I can get my wages garnished.
I am scared I dont make much at all. Can my wages be garnished??
I am really considering doing a chapt 7.
If I receive a notice of being sued is that too late to file for chapt 7.
Any suggestion or words of advice is appreciated. I am very nervous.
Thanks, Neginac

The last time I had any dealings with any of these PDL folks was in April 09. At that time I was desparately trying to workout an extended payment plan, but no one would return my call or anything....Now to learn that a CA has reported a collection account to CAs and that another unknown CA is attempting collection on the so called original debt, is beyond me. In addition to trying to collect on an illegal pdl. EPProcessing is not licensed to do business in California. I have disputed with all three CRA, filed with the California AG, BBB, and the FTC. Now I realize that I need to do the same with NCAdjusters, as well. I will continute to dispute this debt until it is removed from my credit and, if it comes to it, I will prepare to sue the CAs that are trying to collect on this illegal PDL.

I will keep you all posted on my progress. I noticed that I have been placed in to a dialing rotation from TK Financial, even though they have not validated that I owe this debt.

If one has no means of paying the whole debth at once and since the CA is trying to collect the whole thing and is not williong to set up a monthly plan-is it really possible that they could garnish wages?
worried to death