Debtconsolidationcare.com - the USA consumer forum

collection from canada? collectors exchange?

Date: Mon, 01/28/2008 - 16:30

Submitted by sacasteel
on Mon, 01/28/2008 - 16:30

Posts: 4 Credits: [Donate]

Total Replies: 10


hi. my wife moved here (arkansas) in 2001 from canada. she had two cards that were last paid in early 2002. she now has a collection agency phoning home, cell phone and twice at her work today. The collection agency is in canada.Sol in Arkansas is 3 years. alberta is 2 years unless there was a judgment. as far as we know there wasn't. besides that, i don't think they should be calling her work.
we've had no communication.....just messages that they've left along with a letter that arrived today that we have not opened......considering returning to sender. but if we don't open it then we really don't have a way to send a c&d or validation letter.
anybody know which law would be applicable (alberta or arkansas)? would they have the power to garnish wages or anything like that?
thanks.


Sacasteel
I would open the letter and send them a validation letter. Even if the Debit is SOL it is still a debit that is owed. I believe that they can not sue if it is SOL but they can still collect. If it is a junk debit collector then they will not be able to validate.
I am not an expert I just have personal experience. But money owed is money owed


lrhall41

Submitted by mommontoya on Mon, 01/28/2008 - 17:03

( Posts: 501 | Credits: )


Hi, if you wife's debt was in Canada back in 2002, in order to collect on it, she has to reside in Canada. Since she is not in Canada, and they are trying to collect something that is definitely SOL (knowledge), then send them a Cease and Desist letter and leave it as that. Who is the collection agency?


lrhall41

Submitted by on Mon, 01/28/2008 - 17:22

( Posts: | Credits: )


Is the CA licensed to collect in your state??

CA's can collect in the US from Canada....there are several cross border CA's with offices in both countries. They could hire an attorney in your county to file suit. The laws of Arkansas would apply. However it appears that the SOL has expired. Ignore them.


lrhall41

Submitted by SOAPLADY on Mon, 01/28/2008 - 21:23

( Posts: 17315 | Credits: )


Quote:

oh.......and just for the record. they've told everybody (her ex and her employee) that this is regarding a debt. i'm about to get nasty with them. we've recorded the voicemail of them threatening to call her work.


Well you just made some money!! Get statements from EVERYONE they talked to right away. If you have a notary in your office get it notarized. Get a copy of the voicemail.

Creditors Interchange have offices in both the US and Canada. Corportate offices are in the US. Corporate Office:
80 Holtz Drive,
Buffalo, New York 14225

You can easily type an intent to sue letter with your complaint and proof. You will want to threaten to contact the FTC, BBB, your state ag's and the provincial licensing board where they are calling from. This fdcpa violation is an easy $1000 in your pocket.


lrhall41

Submitted by SOAPLADY on Tue, 01/29/2008 - 12:03

( Posts: 17315 | Credits: )