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So with all the reading I have been doing and the battles I have faced so far, I am not sure I have my mind around one issue.  Portfolio has been calling about a GECRB account that was last paid on in 2010.  I am in KY and in May of 2015 they sent a letter about this account that said "Second Notice: Forwarded to Litigation Department ... "  I was misfiled with another issue I was dealing with and I found it looking for other information on the other account.  It has been 9 months and nothing has been filed and the calls are coming twice a day every other day.  I have talked to them once and told them they were wasting their time.  I have picked up the phone multiple times to find no one there initially and then you can hear the call center come on the line.  There have been several calls over the last couple of months to my cellphone but I haven't answered due to being at work, etc.

 

Suggestions?  Thanks in advance!

 

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51 minutes ago, CommoSGT said:

It has been 9 months and nothing has been filed and the calls are coming twice a day every other day.  I have talked to them once and told them they were wasting their time.

Here is the major problem.  KY has one of the WORST SOLs for them to sue you in the country (as long as 15 years) and the FDCPA does not specify a time frame in which they must actually file the suit before it becomes a violation.  Given that they can still sue you for many more years I would lay low on this one.  Tangling with them may just push them to go ahead and file suit even if they won't collect right away.  In many states that judgment is good for 20 years and renewable.  They know eventually you are likely to want or need credit and have to pay them off.

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@Clydesmom  Ky has a borrowing statute and the card has a 3 year SOL under Delaware's law where GECRB is homed.  I am fairly certain they can't do anything at this point for that reason.  I have beat them on another GECRB card using SOL in similar situation for a much larger amount.  

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@CommoSGT

"Forwarded to the Litigation Department" would be the same thing as you telling someone you're going to speak to your attorney.  It doesn't mean you're going to sue.  You're just determining whether or not you can or should sue.

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