mogul411 Posted December 7, 2004 Report Posted December 7, 2004 So this was dropped from my report about a year ago.....cant remember if it was because of non validation or because it was past SOL. Either way, it is definitely past SOL and has not been on my report for a year.Last night, I get a call from them (CA) telling me I owe them the debt + interest. I told them I dont do business over the phone and asked not to call. The guy started yelling that he'd call to get their money. When I asked his name and info, he said he didnt need to give that to me. Then he started going nuts. When I asked if he was threatening me, he said "You bet I am! Ill get everything from you!" I shoulda just hung up on the bastage.My question is this: There is no way they can put this debt back on my report or try to collect it past SOL right?Just found this odd as I havent even had a call or letter from these guys for about 3 years
Recovering Attorney Posted December 7, 2004 Report Posted December 7, 2004 open an account at tel-biz.com or another recording co so you can record the sob's w hen you talk to them.You need to get their address and send thema C&D letter. Collectors don't care about the SOL. Especially JDBs. Their job is to get you to pay. The SOL is a defense to a lawsuit, not a moral imperative. So expect to hear from these jokers again, unfortunately. I would check your CR. It could show up, you never know.
breathing_easier Posted December 7, 2004 Report Posted December 7, 2004 mogul: Do you know the laws in PA about attempting collection on a debt outside the SOL? California and Wisconsin have laws prohibiting even the attempt to collect after a debt is outside the SOL. Other states may as well, and I keep telling myself that I'm going to do a 50-state survey on the subject, but haven't yet.Unfortunately, you may actually have to bring suit against the CA to get them to stop harassing you. Which CA is it?
retmar Posted December 7, 2004 Report Posted December 7, 2004 Most definitely get this ADUB on tape as Recovering said. If your state is a single party, just go to Radio Shack and buy theirs for around $20.00. While accomplishing this, get that C&D sent out ASAP.Be sure and include the verbiage that, in some states, it is a violation to even attempt collection on a timebarred debt, as was also noted. Also state in the letter as to the phone call. Include the date, time, name, if it was given, and as much of the actual words you can recall. Just sit down with a pad and recall the conversation. If you do not know where to send it, at least get the letter started. As was also mentioned, you can expect a call from them soon. If so, ask where you are to send correspondence as, due to your fear of ID Theft, you will only conduct business by US Mail, and this includes any over the phone payments. If they hesitate, tell them that if they want you to deal with them, they must respect your wishes. If they still refuse, just tell them that until they decide to give you the information, you will not talk to them again, have a nice day, and hang up. Remember, at no time give them the impression you will pay the debt, only that you will not give personal information out over the phone. Your whole intent is to cause them to give you their address.
Recovering Attorney Posted December 7, 2004 Report Posted December 7, 2004 remind them that by law they have to identify themselves as a collector and for whom they are calling, and their identification shuld include a mailing address
Methuss Posted December 7, 2004 Report Posted December 7, 2004 If you include in the C&D a statement that you intend to record all calls from them then you don't need to tell them again with each call...even in two party States. You'll have their signature and postal delivery confirmation that they were notified of the intent to record.
legend Posted June 1, 2007 Report Posted June 1, 2007 I just spoke to Kelsey on the phone at their Amhurst NY office and she politley told me (serious) that they send me a letter then report in 14 days. I told her they better not.I wasnt mean cuz she was nice but still, I DV'd this 400.00 debt over a year ago with Van RU and they sent me a confirmation letter that they would look into it then they dropped everything and deleted from my credit, now Zenith says they do and will report. There was a guy screaming in the background.. I asked Kelsey if she was in a Dojo and she laughed and said it was the manager screaming motivation to them all!PS: Im not that far from Amhurst, NY I dare him to call here talking like that!
LadynRed Posted June 1, 2007 Report Posted June 1, 2007 There are only THREE (3) states that makes collection of an out-of-statute debt ILLEGAL: CA, WI, and MS. That is all. I've done the 50-state survey of statutes, there are no more unless the statutes have been changed recently.
merkurfan Posted June 1, 2007 Report Posted June 1, 2007 (looking east...) WI is less than an hour drive... maybe I should move??? I'd have a pile of FOAD letters to send after that move.
bigjohnstud4200 Posted June 1, 2007 Report Posted June 1, 2007 (looking east...) WI is less than an hour drive... maybe I should move??? I'd have a pile of FOAD letters to send after that move.I am a private pilot and often think about getting a mailing address in my neighor state of NC for those nice SOL laws Luckily, I have no new recent debt, everthing is 5+ years.
kailix Posted June 2, 2007 Report Posted June 2, 2007 There are only THREE (3) states that makes collection of an out-of-statute debt ILLEGAL: CA, WI, and MS. That is all. I've done the 50-state survey of statutes, there are no more unless the statutes have been changed recently.I'm so glad I learned this. I just got a note from Portfolio Recovery on a way out of SOL debt (that I think was actually paid, but it was so long ago I no longer have proof, or a solid memory), I was just going to C&D but should I include the fact that they are doing something illegal? I'm not trying to sue or anything, I just don't want it on my credit report.
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