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What happens if you send a scavenger debt collector money?

Date: Fri, 04/25/2008 - 16:19

Submitted by cochy115
on Fri, 04/25/2008 - 16:19

Posts: 5 Credits: [Donate]

Total Replies: 10


I know it's a huge mistake, but my boyfriend... in a not-so-smart move, sent a scavenger debt person $200 because he got scared when he read the word "sue" in the stupid letter. Instead of consulting anyone about it, he sent the money and they cashed the check. He's talking to a lawyer next week, but what happens if you send them money? Does it reactivate anything? This was regarding a debt he owed back in 1997.


The statute of limitations has been revived on the account. However the reporting period per the Fair Credit Reporting Act states that the limit on reporting to consumer reporting agencies is 7 years plus 180 days from the date of first delinquency. Once the original creditor has to remove their trade line all associated collection trade lines must be removed as well.


lrhall41

Submitted by JCEMT on Sat, 04/26/2008 - 14:25

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Good catch JCEMT! When I read that the word "sue" was in the letter, that was my thought too. Especially if this was before he had sent them any money and the debt was still outside of the SOL.

And FYI, let me make sure I'm understanding this correctly. Anyone, this inculdes me, can report negative information on someone to a credit bureau? I would presume the information needed, that you referred to, would be name, SSN, and address of the alleged debtor?

Wow!

You'll have to excuse my amazement, but that's messed up. Anyone with an axe to grind against someone could screw around with their CBR just to be nasty? Of course, that could be useful if you sue a CA for fdcpa violations and they refuse to pay up. Slap that on their CBR.

Kidding. I'm sure it's harder to post something like that on a company's CBR than an individuals.


lrhall41

Submitted by FloridaRon on Sat, 04/26/2008 - 14:53

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There are actually two violations on that letter. The first is threatening legal action when they could not (because before the boyfriend made a payment it was passed the SOL and therefore a time barred debt) now if I'm correct it was probably using a lawsuit to pressure him into making a payment ASAP, which would be overshadowing his right to dispute.


lrhall41

Submitted by JCEMT on Sun, 04/27/2008 - 06:15

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You have to check with your state laws. We sent money to a scavenger debt collector too. But in our state, sending money does not admit to debt owed, only if you promise to pay IN WRITING (which we did not). So we sent a debt validation letter along with a cease and desist (even after we sent them payments). They sent us back a letter saying they do not have the proper documentation and that the case was closed (in a nutshell).

Yes, they re-aged the debt on our credit report but now since they have no documentation, if they don't take it off that can be a violation against them (info we got from a lawyer).

Please don't despair if you sent them money. All is not lost. Continue to research your state laws and go for it. Look at it this way, worse case scenario: they sue you. Well then they actually have to do a little work then, don't they, rather than you just sending in convenient payments!!~ Good luck.


lrhall41

Submitted by on Fri, 06/26/2009 - 10:57

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