CA contacted me, some questions

It would be best to note the name of the company so people here have a better understanding of who you are dealing with. I am having a problem with a company also and the timeline is almost the same as yours. It would also be nice if you could tell us what state you live in as the statue of limitations could have expired and if it has, they can't sue you on it.
Have you got any letters from them?

Hit them with a debt validation letter immediately. There's a good template here. Be sure to print off the enclosure [FTC opinion letter] and include it with the letter. Send the whole thing certified mail, return receipt requested, so you can prove they got it.

Next, give me a little more info, if you please. Who is the collection agency you're dealing with, what state do you live in, and when was the last time you actually made a payment on this? With that info, we can be of more assistance.

They threatened to sue you if you disputed it? That's overshadowing at it's finest. When you dispute a debt (requesting validation as UncleWulf suggested, which I agree you should do) you are requesting documentation that shows that 1. You owe the debt, 2. They own/manage the account, and 3. They are legally capable of collecting it.

It all falls under basic contract law, now if they try to pressure you into action before you can request validation then it is considered overshadowing, which is a violation of the Fair Debt Collection Practices Act.

Telling you that they will file suit if you dispute it is overshadowing at it's worst. They've already given you grounds to file suit against them for at least $1,000.

Thanks for the help and quick replies! Sorry for the vagueness - I'm trying to cover myself in case they come snooping around this forum. I know they're mostly powerless to do anything with regards to what I post here, but it never hurts to be too careful.

Quote:

I would say that there is a good chance that if it's not on your credit report (meaning the 7 years +180 day reporting period has expired) then it's well past SOL for your state. Request validation and if they threaten suit tell them to go smoke a pipe.

It sounds to me like they have jack**** for validation anyway if they want to scare you that badly out of requesting validation.

to be honest, this sounds like a scam all the way. NO LEGITIMATE BUSINESS will tell you that you cannot dispute it without them suing you--federal law states that if you dispute it they MUST honor your dispute and provide you with proper validation of the debt. And I tend to think of this issue in this way--if they had the legal right to collect the debt, if it is a real debt, and if they have the documentation needed to prove their case, then they wouldnt have any reason to try to bully you into not using your rights.

At this point I would do three things, in this order--

1--contact the original creditor that they claim this account was with. Tell them what is happening, and ask them to confirm the information you were given about this account. If it is a real account they will be able to tell you, unless they sold it off to some debt collector. This would be my first move--if they have this account, but show it to be in good standing and not having this past due balance, then ask them to send you a written statement confirming that the account(ask them to include the account # in the statement) is in good standing with no past due balance owed.

2--Send a certified letter to the CA you mentioned, not even requesting, but DEMANDING validation in accordance with section 809 of the Fair Debt Collection Practices Act. As a general rule, if someone is this nasty to me, I cut to the chase and cut the crap in a hurry. They flat-out lied to you, it was illegal to do so in any case, and they are breaking the law by trying to force you into giving up your legal rights--DONT. I would even go as far as to state in this letter that you were told over the phone on (date) that you would be sued if you disputed the debt, and welcome them to file that lawsuit. One of three things will happen--either they will suddenly shut up because they will see that you know the law and your rights, they will continue to act like idiots, or they will want to all of a sudden play nice-nice.

You will want to send that letter certified mail, return receipt requested, so you can prove that it was sent and received. If you have a letter from (1) above, the statement from the original creditor, then send them a copy in this letter.

3--contact your state's attorney general's office and file a formal complaint against these morons for their actions. What they did was 100% illegal, even if this is a real debt. Again, if you got a statement from the OC, you can fax it to the AG's office. They typically take a good deal of interest in a business that's illegally trying to collect on debts, especially fake debts.

Small update:
I spoke with the CA today. I told them I had reviewed the information that they provided to me and did not believe that the debt was mine. They then told me if that was the case that they would be taking me to court. Specifically, they told me that they would be filing in the county courthouse. I asked them which county and they told me they weren't sure, since they don't yet have my address.
I asked them if they had any additional paperwork to provide me regarding the loan and they told me no. I then asked them how they arrived at the dates for the last transactions and they told me that they were given those as part of the debt package when they bought the debt. I then notified them that I would be mailing them a debt validation letter by the end of the week. I'm hesitant to do this mainly because I don't want them to obtain my address, but I suppose it doesn't matter because they can get it in the end.
They haven't given me the documentation that gives me my rights to dispute the debt. I read on here somewhere that that was required to be given within 5 days of the initial contact (Thursday). Could somebody clarify?
Here are the two documents that I received last Thursday from them. I've starred out any confidential portions:
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and

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I was debating whether or not I should upload scans of the originals, but they look so much like plain old word documents (that first one isn't even signed, its just a plain document). Nothing official about it at all. No letterhead, no scans of OFFICIAL documents. Its trash.

Did you send a DV letter yet? It is very important that you do as the others have suggested. Yes the CA will be getting your mailing address but it will give you a paper trail for your records. It will also serve to put them in their palace???????.show them that you are educated on your rights.

If that is the only thing that they have for validation they won't have a leg to stand on in court. Affidavits may be sworn statements however in court they are hearsay without the person which completed it to testify to it's accuracy/validity.

Thanks for the support. I mailed out the validation letter just now, certified with return receipt. The USPS was open late thanks to tax season ;-)

Thats Great Notindebt
Now just wait and see what they come up with. :)

I'm very proactive right now about trying to get as much information about this company as I can. My parents helped me discover that the website has been largely copied wholesale from other websites word-for-word.

The address (1900 Empire Blvd, Webster, NY) appears to reference a strip mall in that city. There IS a salon there, so I suppose its a possibility that this CA is run out of the salon. It would be a trend!

Again, thanks for everyone's help. If you have any information regarding this so-called company, I would be glad to hear about it!