questionable debt collection call
Date: Tue, 02/17/2009 - 13:39
The company is threatening to file a judgment against me tomorrow if I do not pay the $400 in full today. I live in NC. Have no received any contact from this company prior to today. They have the last 4 digits of my social and the original debt information is accurate.
The company is saying that they have been sending letters to my old address. I have a new mailing address and cell phone (bought a home last year). They have my correct cell phone but not my correct mailing address?? And why were their letters not forwarded to me. I have received NO debt collection letters from anyone about any debt!!
I ended the phone call by saying that until I receive something in writing with information about the debt I can not make any statements about it. I have no idea what they are referring to or who they even are. I asked that they send me something in writing. they said they are filing the judgment with courts at close of business today. I asked that they email me something - they said they would and have not.
What do I do? I don't want to have them actually file a judgment - but at the same time, I realize they are pulling some shady tactics here. Thanks for your help!
more info
In NC the statute of limitations on CC debt is 3 years. The last payment made to the original CC company was June '04. Charge off was '05 and their notes on my credit report say it was closed and debt was sold - '05.
Is this simply a matter of statue of limitations being up. They have no grounds to file judgment and I have nothing to worry about.
Should I even contact them back again, assuming they do not contact me?
reply
i wouldn't call them again.however do you have a name for this CA?if not i wouldn't even worry.they can't have a judgement filed nearly that soon.it seems they know it's past SOL and are trying to scare payment.
This sounds like NES in action (National Enterprise Systems - th
This sounds like NES in action (National Enterprise Systems - though they go by other names too).
This is their usual modus operandi: they call you, threaten to take you to court, say it's too late for payment arrangements, that the debt is too old for that, that they tried to contact you (and failed), now it's too late, you have to pay them NOW. They are depending on your fear of having to go to court and your ignorance of your rights as a consumer.
Don't let them scare you. Post the name of the company here, if you know it - I'll bet that someone else here has already dealt with them, and we can offer you some advice on how to deal with them.
Whatever you do, don't make any payment arrangements with them, give your bank account or credit card info to them over the phone, or acknowledge that a debt is yours over the phone. Make them send something in writing. (They'll most likely refuse.)
Send them a debt validation letter, via certified mail, return receipt requested, so that you have proof they received it. Call their bluff - make them prove that the debt is yours, that they own it, and that it's still within the SOL. Most of these junk debt buyers are counting on the fact that you don't know anything about the SOL and will try to collect on debts that have already been charged off or are out of the SOL - or both.
