LeslieR Posted January 18, 2008 Report Share Posted January 18, 2008 I have read the California collections thread, but am still a bit unclear on one point.I have a JDB who recently bought a time-barred debt (a utility that is a year out of SOL). They have been updating monthly with the CRAs and list the reporting date for the debt as 12/2007. I recently started to get phone calls from them and have sent out a letter indicating that this debt is out of SOL and they must cease their collection on it.I am not looking to run out and file a lawsuit -- I just want some leverage to get them to delete before the reporting period is over (even though sol is up, seven years is not). Could I point out that their collection activity and reporting on a time-barred debt, as a violation of the Rosenthal Act, are no-nos and that they must delete? I am sure they won't, but I've had good luck with the BBB and AG here.ALSO - isn't the fact that they have called repeatedly without sending a dunning letter a problem? Or do they only have to send the dunning letter after they actually speak with me?? (I haven't taken any of their calls). Link to comment Share on other sites More sharing options...
gator944 Posted January 18, 2008 Report Share Posted January 18, 2008 I don't think you can stop them from trying to collect on it, but I believe you can stop them from calling your house. As far as I know, I think they can try to collect forever. Link to comment Share on other sites More sharing options...
LeslieR Posted January 18, 2008 Author Report Share Posted January 18, 2008 I don't think you can stop them from trying to collect on it, but I believe you can stop them from calling your house. As far as I know, I think they can try to collect forever.I am not so sure that is the case in California. Link to comment Share on other sites More sharing options...
gator944 Posted January 18, 2008 Report Share Posted January 18, 2008 What's not the case......the collecting or the calling? Link to comment Share on other sites More sharing options...
LeslieR Posted January 18, 2008 Author Report Share Posted January 18, 2008 What's not the case......the collecting or the calling?California has an act which works in addition to the FDCPA called the Rosenthal Act. Although it's point of contention/confusion, I THINK the Act makes it illegal for a CA to try to collect on a time-barred debt. Those who do are in violation. But that is what I am trying to get clarification on. Link to comment Share on other sites More sharing options...
gator944 Posted January 18, 2008 Report Share Posted January 18, 2008 Gotcha. I'm sorry that I'm not familiar with California law. I live in Florida. As for them calling....if they are out of state it is federal. Link to comment Share on other sites More sharing options...
Fozzle Posted January 18, 2008 Report Share Posted January 18, 2008 gator944 is correct, they can try to collect as long as you owe the money. However, statutes do limit the amount of time they can take you to court, and the amount of time the debt can be reported on your credit reports. Even if a debt is beyond SOL, they can still try to contact you in an effort to get you to repay without the leverage of a lawsuit.Unless there is caselaw to support the Rosenthal Act barring any collection activity, I don't see the wording in the Civil Code itself that would prevent it. Link to comment Share on other sites More sharing options...
debtorshusband Posted January 18, 2008 Report Share Posted January 18, 2008 California has an act which works in addition to the FDCPA called the Rosenthal Act. Although it's point of contention/confusion, I THINK the Act makes it illegal for a CA to try to collect on a time-barred debt. Those who do are in violation. But that is what I am trying to get clarification on.My understanding of the Rosenthal Act (from reading third party opinions) is that it extends the same protections provided by the FDCPA with respect to third-party collectors to the original creditor as well.That sentence might not be clear, so how about this: The FDCPA applies only to third-party collectors, not to the original creditor. The Rosenthal Act requires original creditors to follow the same rules spelled out in the FDCPA (in California.)DH Link to comment Share on other sites More sharing options...
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