Being harassed by collection agency for time barred debt

Hi john

Welcome to the forums.

Draft a letter to the collection agency to stop calling you on phone at your place of work or any other specific location at certain times. You might also write that you refuse to be contacted at all. However, once you have put this request, a debt collector can only call you to inform about the actions that might be taken against you. This call should rather be a notice than a threatening. Send this letter through certified mail and request a return receipt. If the company fax's number is with you, send it through fax as well.

Be informed that a cease and desist letter should put a stop to all the collection calls as per the fdcpa law but it should not effect the collection efforts.

For more on collection tactics that are prohibited by the FDCPA, please read the linked article.

You should also go through this article to know the scary tricks on how a time barred debt is made valid.

http://www.debtconsolidationcare.com/forums/scarycollection.html

Regards
Roxette

Hi Roxette, thank You for Your information and warm welcome! It's defintely comforting.

So by asking for validation of the debt, this is not an admission of the validity of the debt?

It is indeed time barred and I of course do not want it to be re opened.

thanks a lot! this is a great forum!

best wishes,

j.i.i.

and Roxette one more question...

how do I notify the credit reporting agencies that I would like to have the time barred debt removed from my credit report or record?

once again, thank You and All The Best!

j.i.i.

Hi John

Good to hear back from you :D

By asking for debt validation, you are not reopening your account in anyways. Any time barred account or any other account that is in default becomes active only when a payment is made towards it. The Statute of Limitation gets renewed from the very beginning and the stay on the credit report also becomes longer.

You have your legal rights as per the fdcpa law to know the complete details of your accounts. It is only after you have done the complete analysis and disputed, if required, you put your thoughts of making payment arrangements.

Go ahead and ask for debt validation and the company has to provide you the following details as per the FDCPA law.

• The amount of the debt.
  
• The name of the creditor to whom the debt is owed.
  
• There should be a statement that if the consumer does not dispute within 30 days, the validation will be treated as valid by the collection agency
  
• A statement that if the debt is disputed, it will be verified by the collection agency
  
• A statement that if the name and address of the current creditor is different from the original creditor, it will be provided by the collection agency.
  
• All the calculation should be shown of the amount that is owed.
  
• Provide a verification or copy of any judgment if applicable
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
• The license of the collection agency applicable in the state
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  

Thanks a lot Roxette!

I will let You know how things go! Take care,

j.i.i.

My wife received a letter in the mail yesterday from a collection agency stating that she owes just over $4500. The original creditor is a credit card.

She remembers having the account, but it has been quite a while ago. The letter came in her maiden name and we have been married for almost 11 years, so I'm confident it is time barred.

What should we do, we have no records of the account as proof. They are offering to settle for around $1500, which I don't want to pay. But, I also don't want for her to have to go to court if suit is filed and take a chance of losing and then be stuck with the full amount.

We are in Kentucky and the Statute of Limitations is 5 years. If the collection agency would take her to court could she lose?

HELP PLEASE!!!
randy

WHen was last payment on the credit card? Once you find out that information, you can send the collection agency a letter stating the statute of limitations has expired. This should also be off her credit report since it has been several years. Negative material stays on the credit report for 7 years, then it is to drop off. What is the name of the collection agency?

In regards to the letter when was the last pmt made is correct it is 5 years from your last pmt if accured after the charge off...you should pull your credit for the account...and while doing so give your wife a nice little slap across the face for being irresponsible....lucky for you you dont live in a community property state which in case you would be just as liable....you should take matters in your own hands ive experienced this many a time...i find most grown ups are children i say this beacuse chances are she knows the card hasnt told you about it because she is hiding it from you...happens all the time trust me i know you wouldnt believe the number of accts where spouses are completely in the dark..if its 4500.00 and within statue of limitations will be on your credit report...however if not doesnt mean you dont owe it even if it is pasty statue as may be they can still bother you nand try to collect they cant sue or report you however is still a valiodated debt....you should contact the agency to get the info though they could settle you could get ur self out cheap...im wondering what kind of credit card it is....theirs all types of explanations for example the card im working on now is nextcard was a high bal issuer and they sent applications online they went banko in 2002 and litterally dissappeared now the consumers accs were all closed all every single card and if was a bal was immediately reported to credit bureau as a neg bal now no one knew where to pay their accts because the company dissapeared litterly over night so 2 years later im cleaning up messes just like yours i have to contact people who still owe but have forgotten of the account period i always suggest pulling your credit...and i would throughly question your wife... These days you never know...the best thing to do is contact either the creditor who may give you info or will direct you to the collection agency who can also provide info although is limited info

I find your remark about slapping his wife in the face to be disgusting and offending to me and every other woman. How dare you use a forum like this to even suggest jokingly that a man strike his wife---your ignorance and stupidity in doing so lends no credence to the information you posted.

lorri...i would expect somone like you to take all that and come out with a suggestion ive made that he slap his wife

Excuse me?--What do you mean someone like ME? You don't even know me. And just for the record---I read no further than your senseless remark and thats why I focused on it.