Phone calls from Debt Collectors

[ShootingFor750]

I've gotten ALL 34 bads removed off my credit reports since April 2009, but every now and then I seem to get some phone calls from debt colletors. Some days I've gotten 3 or more calls from certain 800 numbers and decided to answer and it was one them... THEM. They asked for a certain person and I told them that that person wasn't reachable at this number. These people have been removed off my credit, their debt is over 7 years old and the SOL expired just over 2 years ago, so I don't worry about them, but is there a way I could get them to finally stop calling? I really don't want to start trouble with them though because I don't want them taking a special interest in me and trying to repost that junk by onto my reports.

I'm wondering if there's a way I could get them for some money in court? I've never sued anyone, but I'm just wonderin.'

Thanks

[WhoCares1000]

OK, lets take this one by one:

1) SOL and reporting rules are simply for suing for a debt or reporting the debt on your credit report. A collector can certainly call you and ask you to pay a debt after the SOL and reporting periods have passed. They simply cannot win a lawsuit for the debt if the SOL is raised as an affirmative defense and/or they cannot report the debt to the CRAs. If they call, you can tell the collector that you do not intend to pay and they can do nothing more than try to convince you to pay

2) If you want the calls to stop, you have to send a C&D letter to the CA/JDB. They however will sell it to the next person in line so it becomes a game of Whack-A-Mole. If they ignore the C&D, then you have grounds for a FDCPA lawsuit. Make sure to send the letter CMRRR so that you can prove the JDB/CA got it.

3) If the original default of the debt is outside of the CRA reporting requirements and a JDB/CA reports the debt using a new date of default, that is considered illegal under the FCRA and if the JDB/CA will not remove the offending tradeline, you have grounds for a TCRA (or 623) lawsuit Again, you have to inform the JDB/CA/CRA of the offending tradeline and give them a chance to remove before you sue. Again, CMRRR is your best friend.

So basically, a phone call in and of itself does not give you grounds to initiate a lawsuit.

[BoscoMama]

I answered the phone the other day and it was JDB. He stated he needed to speak with DH. I told him he wanted to speak to DH but did not need to. Then I told him to talk to Bosco the cat. JDB hasn't called now for a week.

[ShootingFor750]

Thanks for that reply. As it stands now, I think I'll just let you call and not answer. The last thing I want to do is to actually talk with them and have them try and put that junk back on my credit reports. My scores are 712, 726 I think and 776. I do NOT want them putting stuff on there right now and wrecking my scores and spending money on certified letters. I got 34 bad off my credit by doing nothing but online disputing. Some of those 34 were duplicates of course.

OK, lets take this one by one:

1) SOL and reporting rules are simply for suing for a debt or reporting the debt on your credit report. A collector can certainly call you and ask you to pay a debt after the SOL and reporting periods have passed. They simply cannot win a lawsuit for the debt if the SOL is raised as an affirmative defense and/or they cannot report the debt to the CRAs. If they call, you can tell the collector that you do not intend to pay and they can do nothing more than try to convince you to pay

2) If you want the calls to stop, you have to send a C&D letter to the CA/JDB. They however will sell it to the next person in line so it becomes a game of Whack-A-Mole. If they ignore the C&D, then you have grounds for a FDCPA lawsuit. Make sure to send the letter CMRRR so that you can prove the JDB/CA got it.

3) If the original default of the debt is outside of the CRA reporting requirements and a JDB/CA reports the debt using a new date of default, that is considered illegal under the FCRA and if the JDB/CA will not remove the offending tradeline, you have grounds for a TCRA (or 623) lawsuit Again, you have to inform the JDB/CA/CRA of the offending tradeline and give them a chance to remove before you sue. Again, CMRRR is your best friend.

So basically, a phone call in and of itself does not give you grounds to initiate a lawsuit.

[ShootingFor750]

A big meow to Bosco!

I answered the phone the other day and it was JDB. He stated he needed to speak with DH. I told him he wanted to speak to DH but did not need to. Then I told him to talk to Bosco the cat. JDB hasn't called now for a week.

[Methuss]

Technically speaking, under the FDCPA it's not legal for a junk debt buyer to sell an out of SoL/reporting debt to another JDB once a consumer has refused to pay and affirmed the SoL is expired through a C&D notice in writing.

There is a section in the FDCPA which states that it is a violation of the act for a debt collector to misrepresent the amount or legal status of a debt in relation to attempts to collect. It doesn't specify the misrepresentation has to be to the consumer. It's a blanket statement they are simply not permitted to.

As such, if a JDB knows a debt is uncollectable through affirmation by the consumer of the SoL being expired and sells it to someone else with the intent that collections continue after being told to cease and desist, then the selling JDB has misrepresented the legal status of the debt to the buying JDB causing harm to the consumer. You can make a claim that the selling JDB violated that section of the act.

The point of the FDCPA is to stop debt collectors from using deceptive and abusive collection methods. When a consumer asserts their rights under the law and the debt collectors continue then they are going against the entire purpose of the Act.

I've only had to bring that up once in a court action and it was convincing to a lower court judge enough that it forced the JDB into a settlement. I don't think the JDB wanted an actual precedent on that so they folded.

[mad as hell]

i would document every call in notebook,call log. send them a cease and decist if they continue then you might have a case