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zombie debt


cooljazz1994
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I have wated a while,but now the old debt from my past has dropped from my CR; however, the CA's continue to call.  Some of this debt is more than 15 years old and has probably morphed into something that looks nothing like the original.  How do I get these guys to stop calling?

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If you have the addresses, send a cease and desist all communications letter.  I'd send it by certified mail, return receipt request.  That way you have proof they received your letter.

 

They can only contact you one more time after they receive your letter.  That would be to tell you they are closing their files or filing suit.  Considering the account appears to be outside the SOL, they won't be filing suit.  In fact, you may not get anything from them at all.

 

However, if they do contact you after receiving your letter, they've violated the FDCPA.

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They can sell it to a JDB.  There are some that specialize it past-SOL debts (likely with borderline or just across borderline methods, if not worse).  These are the ones that are more likely to be seeing more FDCPA judgments.

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Here is what is going to happen. You will send the C&D as BV80 suggested. Most likely, they will either violate or sell off the debt. You will then have to repeat with each collector. However, sooner or later (more likely sooner with the type of people you will be dealing with on SOL debt), one of these collectors will violate. You will then take them to court and as a result, get yourself put on the Webrecon list (the list of people who sue collectors). Once you get on that list, then the calls will mostly stop. I say mostly because not every JDB subscribes to Webrecon and some simply ignore it.

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Absolutely, send them a C&D. The reason is simple. The SOL has run and there is no reason to believe the statute has been tolled. You would also tell them it is a violation actionable in a court of proper jurisdiction, for violating FDCPA 807(2)(a). Tell them you are filing complaints with your AG as well as their AG. Compose your letter here and we will critique it for you.

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Absolutely, send them a C&D. The reason is simple. The SOL has run and there is no reason to believe the statute has been tolled. You would also tell them it is a violation actionable in a court of proper jurisdiction, for violating FDCPA 807(2)(a). Tell them you are filing complaints with your AG as well as their AG. Compose your letter here and we will critique it for you.

 

How are they misrepresenting the debt?  If you're referring to the SOL, it's not a violation to attempt to collect on a time-barred debt. 

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BV80, You surprise me. Read FDCPA 807(2)(a) again.

FDCPA 807(2): The false representation -

(a): the character, amount, or LEGAL STATUS of any debt; or

Simply, once the statute has run, there is no legal recourse available to the OC/CA/JDB/ATTY. Yes, if they could prove consumer lived out of state for a period, then, returned, they may attempt to have it tolled, but, no guarantees. It must go before a judge for this. I've heard, but, never found proof, that if they can prove the person deliberately hid, they can ask the court to toll. You yourself know how they watch our CR's, thus, it is easy to catch one who did leave and returned. Plus, there are always the "dummies" who just put the utilities in another's name, such as the wife, or husband. They think they got away free. Surprise!

Read Kimber. The court was very clear on anyone attempting to collect a claim too old to be enforced. To add, in California, it is illegal and a violation to even attempt to collect a claim too old to be enforced. I think you'll find it in the "pinned" in either this section, or the lawyer section. A good read.

It is true, in other states, that a CA/JDB/ATTY may send "request" letters as long as they do not demand payments or threaten actions that cannot be taken. And, if you notice, most of them do not send the letters monthly, but, quarterly, or biannually, and only the idiots call. Reason is to avoid a harassment claim. Yes, there are some who think a monthly call is harassment. Also, here if they threaten to do something they cannot do, it is a misdemeanor, with a fine of up to $2500 and/or 6 months.

Lastly, you may not recall, but, this is exactly what my problem was in the beginning. Provider forgot to bill Tricare, assigned, and collector refused to assist in getting it handled. Then, sent me a threatening pay or else, after the SOL had run. I nailed them on many items, that being the primary. Their state, since this happened in another state, fined them in the five figures, was sanctioned by Tricare, and lost the contract with the Hospital. An ER billing office assigned an after hours amount, which is considered "Mutually Exclusive", and refused to recall. They lost their contract with the Hospital, was fined by the state, and sanctioned by Tricare. Tricare nailed them as at the time, they were forbidden to assign to collections. They were required to contact Tricare for assistance. We opted not to pursue litigation as we felt it was not worth the paperwork for a few dollars. Their sanctions did cost them some serious money. My work on resolving this is why I wrote the "pinned" on medical insurance, mainly, since so many were coming here who had no knowledge of what their insurance could do for them, if they just called them.

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Read Kimber. The court was very clear on anyone attempting to collect a claim too old to be enforced.

 

No, the court ruled that the JDB violated the FDCPA by threatening to sue and by suing on a time-barred debt.  The court did not say that a CA could not make any attempt at all to collect on such a debt.

 

I said nothing about demanding payment or threatening to sue.  I merely said to attempt to collect.  You said it, as well.  "It is true, in other states, that a CA/JDB/ATTY may send "request" letters as long as they do not demand payments or threaten actions that cannot be taken." 

 

The OP also said nothing about threats or demands for payment.  He merely said he receives calls.

 

 

Lastly, you may not recall, but, this is exactly what my problem was in the beginning. Provider forgot to bill Tricare, assigned, and collector refused to assist in getting it handled. Then, sent me a threatening pay or else, after the SOL had run.

 

The "or else" is a threat.  It's not merely a request.  Again, I never said anything about threats.

 

 

To add, in California, it is illegal and a violation to even attempt to collect a claim too old to be enforced. I think you'll find it in the "pinned" in either this section, or the lawyer section. A good read.

 

I don't know the case to which you're referring.

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