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Being sued again...


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1 hour ago, Jess Parker said:

@Bulldoger I see you are super knowledgeable on VA debt collection...I recently received a phone call from a credit mediator saying I owed over 5k for a cc from 2004. Final payment was in 2010 and they claim the account was transferred in 2012. According to them there is a tolling agreement in place until 2027. Can this be possible? And if so, how have I not heard from anyone regarding this debt in over 5 years (maybe more, I honestly do not even remember this debt). They claim they are willing to settle this debt for 1300. I asked for proof of debt and was told I can only get that during discovery at court. I also asked specifically if this was a time-barred debt and she went on about this agreement and VA code 8.01-228. Can you help a girl out?

First off, you should have started your own thread. 
 

That being said, this appears to be a scam.
 

The SOL in Virginia is 5 years.  The SOL expired 5 years ago.  Unless they have a judgment. I read the statute they mentioned and it says nothing if the sort. 
 

There are more red flags here than at a bull fight.  
 

They have to validate the debt if you request.  They could provide proof of debt. 
 

If they have real contact information, contact a consumer attorney. You may be able to sue them for FDCPA violations as well as fraud.  Possibly some state violations as well.  
 

In the meantime you need proof.  If you talk to them on the phone again, make sure the call is recorded.  Check the Va laws as to how to do that legally so it will be admissible in court.  

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8 hours ago, BackFromTheDebt said:

They have to validate the debt if you request.  They could provide proof of debt. 

If they choose to cease collection, they don’t have to validate.

8 hours ago, BackFromTheDebt said:

If they have real contact information, contact a consumer attorney.

That’s the problem with scammers.  It would be really surprising if an outfit that claims the debt is tolled until 2027 has a physical address at which it can be located.  

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