Old debts

There is probably a statute of limitations issue there. Check your state law about it.

Hi Tricia

A debt collector is required to follow the guidelines laid down in the fdcpa act while recovering the debts from the consumers. He should not contact the debtor without his prior consent or if a court notice is there of a competent jurisdiction

A debt collector is also restricted from engaging in illegal activities such as harassments, oppressions, or abuse while collecting a said debt. The law restricts them from using obscene or profane languages.

The debt collectors are forbidden from falsely representing the accounts saying that it is vouched for, bonded by, or affiliated with the United States or any State. The accounts should not be manipulated by them in any case which will result in a violation of the Fair Debt Collection Practices Act.

If the debt collectors are recovering a said debt, they are required to provide validation of it so that the consumers are well aware of their unpaid accounts. If the consumers find an objection, they have the legal right to dispute it and the debt collectors are bounded by law to provide justification.

A debt has to be within the Statute of Limitation period before the collectors can seek any sort of legal action against the debtor. Please ensure that the collectors provide you the necessary information relating to your debt.

Regards
Roxette

My parents received a call from a debt collector that said I owed a debt on a credit card in 1996-97 . I do not remember having a card by that company . I went a divorce in 1995 and it mite be her card . I phoned them and asked for a copy of the application to verify it is mine . they refused to provide information . They are calling my parents home phone every day sometime twice a day .They have been informed by my parents that I do not live there . Do they have the right to harrass my parents like this?

nope...they are violating fdcpa since they have your phone number....they no longer are permittted to call your parents. File a complaint with your AG's office. What state are you in??

I would contact them and give them your current address and let them know that you will be expecting something in writing from them w/in 5 days. When you receive their dunning letter, I would respond with a DV letter. If this is out of statute (likely but w/o knowing your state can't say for certain) I would send them a FOAD letter informing them since this is out of statute to never contact you again and if they can work it into their busy schedule F&@K Off and DIE!

Wow , thats pretty hard core Nascar. :lol:

Just because a debt's SoL has epired it doesn't magically dissapear. An expired SoL just means that legal action can not be taken against you it doesn't mean the debt isn't collectable.

I suggest you DV them and see if they are even able to provide you the proper information. If they are able to put it in a pile of things to take care of when you can. Often times if a debt is very old they can not provide the documentation.

Hope I am reading this right. A CA (Scott Lowery) cannot collect (TX) if they are not "bonded" or have "privledges"? So, when I made a payment to the "fine folk", would this start the sol over? To me it shouldn't, but you never know! Yeah, they want to come after me for a debt of 850ish when the original debt is 475ish! Paid them $350. (pls excuse my spelling!)

Thanks!!

Scott Lowry does have the proper bond filed with the TX SOS:

Principal Name: Scott Lowery Law Office PC (fka P Scott Lowery PC) # 1

Address: 103 E Harvard Avenue
Denver, CO 80231-
File Number: 990202
Status: Active
Date Filed: 11/24/1999
Cancellation Date:
Phone: (303) 296-1456
Bonding Company: Universal Surety of America
Bond No: 10009474

In TX, a written acknowledgement and promise to pay are required in order for SOL to be reset.

Quote:

Am I wrong? but I think the above hof coment of:::::"Just because a debt's SoL has epired it doesn't magically dissapear. An expired SoL just means that legal action can not be taken against you it doesn't mean the debt isn't collectable. " I think it isn't collectible unless you are an idiot agree to a reduction and write off after sol has expired and at this point it will not help your credit report and if you pay one bottom feeder the debt has been re-sold to they will then re-sell and re-name to someone esle..I think do not pay any debt out of sol...you are throwing your $ into the toilet? I could be wrong though I'm just saying it is what I think from what I have heard here

I believe there are collection agencies that specialize in these very old debts. They purchase them in bulk. I read that they often pay less than a penny on the dollar for them. The vast majority go uncollected, but they only need a handful of people to pay off a settlement, which makes the process a profitable business.

If you are contacted by a collection agency, be sure to get their name, number and address. Send them a certified, return receipt requested, cease and desist letter, which should stop any phone calls (they can still send letters). Once they get it, you will likely never hear from them again, even by mail.

If they are calling parents (or any other relatives), friends, or neighbors and discussing your debt, I am sure they are breaking the law (I am not a lawyer, so that is not legal advice). I have read about people collecting substantial judgments against collection agencies who do that.

I AGREE!!! The debt is NOT Collectible if it is sol unless some dummy agrees to pay a write down and then screws themselves by starting the whole process that was SOL ALL OVER AGAIN RIGHT?

i think what she ment about not being collectable means that they can still call you and try to get you to admit that its your debt which starts the sol all over again. If you dont speak with them, or have contact with them then they are out of luck but can still try.

But they cant take you to court past the sol time period unless you admit to the debt and agree to something. the only contact you should have with them is the letter that nascar devil mentioned about sol expired and not to contact you anylonger.

Admitting the debt doesnt start the SOL all over again..Only a payment will do that.

someone told me that once, sorry i opologize for my inaccurate info then!