Is this legal?

Thanks in advance for any info.

I forgot to mention-the phone number is unlisted and when the "representive" called the first time she claimed it was not an attempt to collect a debt. Just some legal proceeding against me and my social security number.

The SoL varies from state to state. There isn't an all in one type of all for this.

I know it varies from state to state-that wasn't my question. On some websites it lists Colorado's as being 3 years for open ended accounts and on others it says 6. Thanks for the reply though-maybe I should register so people won't think I'm a troll and I will get an answer to my questions.

Refusing to divulge the name of the company and the name of the caller is an fdcpa violation if they are a collection agency! This actually sounds like an attempt at identity theft. I would not call them until you recive something in the mail so you know who you arre dealing with!

hi Sue--

ok, first, what is the phone number that you have for this collection agency? We can help you find out how they typically operate if we can put that number to a company name.

Second, you should check with the court clerk's office in your county, to make sure that they have not really filed a complaint against you there. If they have, then you should be getting served a summons. If they have not, well, let's cover that in a little more detail below.

OK, now, onto the fun stuff. I dont care what the lady on the phone said, even if they filed a lawsuit against you this is STILL an attempt to collect a debt, and they cannot tell you otherwise, the law doesnt allow them to.

So far, you have the following violations taking place--

1--refusal to identify the company
2--claim that "this is not an attempt to collect a debt"
3--possible violation--telling you that legal action has been taken against you--if they just said it and didnt really do it, then thats against the law.

There are most likely other violations as well, but just based off of the details you posted, thats what they have done so far. These violations are something that you can sue them over.

Alright, youre in CO...the SOL discrepancy is because there is some confusion sometimes as to where exactly a credit card debt falls. Some try to make it a contract debt, while others call it an open debt. Follow your state's UCC and you will have the best information.

I don't have the number but the area code is 678 if that helps-maybe someone is familiar with phone numbers from that area. When she called the first time she said it wasn't about a debt or that they weren't a debt collection agency or something like that-it was a couple of weeks ago. This morning when she called I really didn't pay much attention to what she said-I just wrote the phone number down(and I've since misplaced it) I get these phone calls all the time-people threatening legal action if I don't respond within 48 hours. I'm unemployed-I'm the sole caregiver for my sick mother. The debts are from 5 years ago-that's why I was wondering about the SOL since it says that those that fall under the Uniform Consumer Credit are 3 years. I take it that means credit cards.

Never thought about identity theft. I didn't tell them who I was or give them any info-just asked who they were.

678 area code is metro Atlanta, GA. Find us a number, and we can probably get you the company's info.