how can I find out if this debt collector is legit? ...?

Question

I got a call from a debt collector stating that I had an outstanding credit card from me and my ex husband from back in 95' that was sent to collections and is fixing to be turned over to an attorney. Needless to say they were very rude however, they are telling me that if I settle now they will cut the debt in half which would be $2000 but I am clueless to what is going on. He said that he doesn't have to show me any documentation showing me charges or signatures but something seeems fishy to me, how can I investigate this call it came from financial credit services but when I look them up on the web they are a Medical collection agency out of florida, this one is out of Pallatine Illinois.HELP!

Answer 1

You have a couple of options.

What you COULD do is just send them a letter. In the letter demand that they VALIDATE the debt by proving that you have a legitimate legal obligation to pay it. The debt is way over the Statute of Limitations, and they simply don't have a case. Also place in your letter a Cease and Desist demand, so they will leave you alone.

What you SHOULD do is do a "sting" operation on them. This is what I would do if they were doing this nonsense to me.

Call them up, record the call, and try to get them to admit again what you just said. If you could prove what you just posted, they have broken 2 laws. 1) Telling you (or implying) that they will sue you when in fact they do not have a legal right to do so....2) Telling you they no not have to validate the debt (saying they don't need to give you proof of the debt).

If you could prove these two items alone, you could easily sue them for $1000 for each violation.

Think it over and contact me if you need guidance. I'm not a lawyer or credit counsoler.....but I'm licensed to kill collection agents.

Answer 2

This is for a credit card and not medical? (just wondering what a medical collection agency is doing with a credit card debt)

They have 5 days to send you something in writing after their first call to you.

Wait the 5 days then send them a debt validation letter. Send it certified mail return receipt.

I'm sure you are out of the statute of limitations (SOL) on the debt if it has been since 95. Be sure though and check your states SOL.

Wait 35 days for a response from them. Then, if you are out of SOL, send them a SOL letter.

Do not speak with them on the phone !!! Do everything in writing.

Check your credit reports and see if they are listed on there. If they are, dispute the tradeline as obsolete.

They "do" have to provide you with validation when you ask!! But asking for it on the phone is a... he said - she said type of thing, no proof of it being asked.

You might go to the site I've listed and do some reading in the newbie forum and then in the credit forum. You will be able to find your states SOL, the letters you need and also you will learn how to deal with them.


lol Studly, we posted within seconds of each other.

To the OP, if you go with what Studly says, be sure to check your states taping laws to see if you can tape them without telling them you are taping.
Also, be sure not to be overly chatty, be specific in what you are asking. If you go that route, I would recommend taking Studly up on the email invite and discuss what should and shouldn't be said on the phone.

Answer 3

Ask the Chamber of Commerce in the town they hail from. Same with the Better Business Bureau

Answer 4

Never give them more of your info than what they already have.
Get all the info you can from them.
Request a complete copy of the billing, if they don't have your address, do not give it to them, they're probably shooting blanks.
If you know the whereabouts of your ex contact and let him know.
Do not, for the love of God, trust anyone with your personal information.

Answer 5

DON"T PAY. Them telling you they will take it to court is just a ploy, trying to collect a debt. When I was in dire straights ten years ago, I would just tell them to go f*ck themselves and hang up.
Took me ten years, got everyone paid off. I contacted each credit card company, paid off each one.
DO NOT agree to send them post dated checks. That's another ploy.
Get your credit report (free) if you haven't done this yet. DO NOT go to "free creditreport.com" . Go to the one I listed in sources below. It is secure, you can scan your own report yourself.

Answer 6

Do not pay! Statute of limitations is 7 to 10 years. It is a phony call! Tape record the call, and ell them you are taping the call. It's legal to tape their calls if you tell them you are doing it.