Statute of Limitations expired, still getting calls
Date: Fri, 10/05/2007 - 10:14
I have begun the strenuous but worthy process of cleaning up my credit. As a teen in college, I racked up a couple grand worth of CC debt that I didn't have the income and/or character to pay on time. The debts went to collections, ignored them, I moved away, grew up, got married and now I'm here. And I need some help. I've paid all of the items that were on my credit report that were still open, and re-settled my Federal student loan. However, since I've been active on my credit report, the debt collectors found me. They are calling me about the credit card debts that were charged off in 1999 and 2000. The statute of limitations has expired in both my states(TX and CA) and the debts no longer appear on my credit report. I have sent a SOL letter to 2 different Collectors(Asset Acceptance and Jefferson Capital), but this week Central Portfolio started calling me. The weird thing is, I think it is about the same debt that Jefferson Capital had.
Here's the catch, since the Statute of Lim. has expired, I don't want to re-instate it in anyway by dealing with these scumbags. But the debts no longer show on my credit report. The guy from CPC called my work today, and threatened wage garnishment and lawsuits(even though I know that was illegal) and he would not give me the account number.
What should I do?!
:shock:
Send them a full cease & desist letter mentioning that you are a
Send them a full cease & desist letter mentioning that you are aware of sol running out and tell them to go away. They can continue to collect forever but the debt is too old for credit reporting or civil action.
You are right in not wanting to re-instate the activity on these
You are right in not wanting to re-instate the activity on these accounts by dealing with these collectors. Send a cease and desist request via certifed mail/return receipt requested, so they will stop harassing you. They are just using scare tactics. I would also recommend sending a debt validation request along with the cease and desist request.
If they do not validate the debt(s), which I doubt they will, then no further action is to be taken. If they try further collection efforts without validating the debt, they are in violation of the FTC regulations and you can get monetary compensation if you file against them.
OK, I did the cease and desist letter, but I think the debt just
OK, I did the cease and desist letter, but I think the debt just changed hands. All three of the CA's are based in Minnesota. Can they try and collect the debt under a different name, or are they allowed to resell the debt?
If I were a shady CA, I would have several different legal names for my Agencies, and just play a shell game with the debt and the consumer.
Is this letter acceptable?
Quote:
Dear Jefferson Capital Systems, LLC, I am writing this letter is in response to your letter received on August 23, 2007, concerning the collection of the above referenced account. I do not believe I owe what you say I owe therefore I dispute the validity of this debt. I am aware of my rights under the Fair Debt Collection Practices Act (fdcpa) and my state laws so I letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in California has expired. Should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. This letter stands as my formal notification that I consider this matter to be closed and demand that you, or anyone affiliated with your company, cease and desist all communications with me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. You may only contact me via mail. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a violation of the law and will immediately report those violations to my State Attorney General and the Federal Trade Commission. If necessary, I will take whatever legal action is necessary to protect myself. Please be advised that I tape record all phone calls and violations of the FDCPA will be pursued. Signed |
Thank you so much for all of your help!
Very nice letter. Unfortunately, these scum will just pass your
Very nice letter. Unfortunately, these scum will just pass your account around like a hot potato. Sometimes they will vanish, but they usually pop up again at some point off and on.
I think the only way you could really stop it is by enforcing the issue through the courts. DV them, tally up the violations and take them to court. Any settlement make sure you also stipulate that the account is considered closed and will not be passed off or sold.
I just don't know of any other way to do it, other then dealing with abusive calls and junk mail off and on.
Good letter.... goldenblast has a point. But if you don't want
Good letter.... goldenblast has a point. But if you don't want to go the court route, save the letter you posted above and have it ready to send to any other collectors that pop up.
I disputed an account a few years back because it was due to be removed, and it was removed. Then, about 2 years later, I got a collection letter from NCO Financial trying to collect on a debt that roughly matched the amount I had cleared on the account. I sent them a letter similar to yours, but asked for validation of the debt and advised of the statute of limitations, etc. They responded by saying they were done with it and had removed anything that was placed on my credit report, but they could not guarantee other collectors from trying to pursue the matter. I never heard anything else.
So, maybe this will do the trick.
hmmm...
File complaint with the FTC, they are threatening wage garnishment and lawsuit (both of which will require a court order and since it's out of SOL, they can't sue you to get that) they made those threats that they have no ability to follow through with. This is a fdcpa violaiton. That mean that (if reported to the FTC) they are open to some stiff fines. You could also file suit for personal damages (1k under FDCPA)
Well, this guy has called me at work 6 times in a row today sinc
Well, this guy has called me at work 6 times in a row today since I made this post. Every time I told him not to call me at work. He would not give me any information about the debt at first. After I kept asking him over and over "What's the account number?" He finally gave in, gave me the account number, the address, and the he said "I know why you wanted the information, because you are going to send a CND letter...well that will not work yada yada...." He tried with all of his power to get me to admit that I owed this debt, and the last 2 calls he kept saying "I'm going to put down here that you are refusing to pay." Over and over again. Finally I told him that I am not refusing to pay, but that I needed validation of the debt, and that the next time he calls me at work, "I will be recording the phone call, and I WILL file a lawsuit against your company."
He said have a nice day and hung up. Time to send the letter, he knew that the SOL was expired. He even told me the date that the debt was charged off! 2000 AD!
But even though he knows the SOL is expired he can indeed still
But even though he knows the SOL is expired he can indeed still sue!! Like goud stated the other day, anyone can sue anyone, doesn't mean they'll win but they CAN sue! (which more than likely they won't) But just in case they do u MUST use the SOL as ur defense, which seems like u know this already. Also, they will probably just continue to sell this debt over and over.... just keep ur cease letter handy and keep sending it out!
Good Luck,
Ang
Yes, you are right, they can sue, but I don't think it would be
Yes, you are right, they can sue, but I don't think it would be worth their time!
Nah it wouldnt' at all! And especially since they know that u kn
Nah it wouldnt' at all! And especially since they know that u know about SOL! But then again i don't put anything past these sleezy collectors! ;)
I had one that harassed me and hounded me for 3 years to end up settling for less than i had originally offered them the very first time i talked to them!
I'll never understand them and gave up trying!
Good Luck and let us know how it goes,
Ang