My boyfriend has a collection agency calling him at least 3 times a day. I know in our state (PA) it is harassment to call constantly to annoy the person. They also leave messages that don't say who they are just "a person at this number has a buisness matter to attend to please call ***-***-****." I have heard that they must identify themselves when they call. Is that true? If he had the money he would pay this debt off. Its 6 years old, wont it become uncollectable soon?
2007-05-08 08:37:01 · 11 answers · asked by Cheyenne 4 in Business & Finance ➔ Credit
Our # is unlisted and I have told them that he does not live there. He knows he already paid this when he was in the military but all proof was lost in a flood a few years ago. He was living in TX at the time. He doesn't even remember the name of the bank he wrote the check from (it was 6 yrs ago and he lived on several other military bases over the course of 3 yrs.)
2007-05-08 08:54:45 · update #1
Echo's answer is correct.....I doubt this debt is still within the SOL...send them a letter and tell them to quit calling. If they don't, you can sue them in small claims court for $1000.
To these people laying on the guilt trip, and telling you to pay these debts.......
When you failed to pay, the creditor gave you two options. Pay the debt or they will trash your credit for 7 years. Well, he's had his credit trashed...and now you want him to pay this debt AGAIN????
Sorry, I would choose to ignore the creditor. Email if you need help with this.
2007-05-08 11:42:46 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Debt is never noncollectable. They can hold it over you for years. However, you can answer the phone calls and to tell them to stop harassing you. In PA, by law they must comply. If they don't, you can report it.
Have you thought about changing the number and putting your number unlisted? That's a sure way they can't find or bother you.
The do not call list is only for telemarketers, this is different for debt collectors. But you can tell them to stop calling you that u understand the debt and u will take care of it when it's best feasible for you. If they persist, then you can report them. . Just make sure you make a log and keep phone records to show the harassment. If it persists constantly, tell them to take you to court, cause if they do, you have the phone logs of all the harassment and then they will be entitled to nothing.
2007-05-08 08:45:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depending on what type of debt it is, he may already be past the collecting SOL.
Pennsylvania collecting SOL
Open Acct.: 4 years
Written Contract: 4 years
Texas collecting SOL
Open Acct.: 4 years
Written Contract: 4 years
If it is a credit card or a general bank loan and it has been 6 years, then he is out of the collecting SOL.
Being out of the collecting SOL means that they cannot legally sue but they can continue to dun him unless he informs them, in writing, that the debt is no longer legally collectible
(It is not unknown for a collection agency to file an illegal law suit on a time barred debt since many people do not know, and use, their rights)
They can continue to call unless he requests, in writing <<(per the FTC), that they no longer call but only correspond by mail (which is a limited cease and desist).
You might go to the last link I have listed in my profile on here and do some reading about debt validation and about SOL letters. Learn your rights and learn how to use them.
2007-05-08 09:54:33 · answer #3 · answered by echo 7 · 3⤊ 0⤋
These are just some general rules that may or may not differ from the law in PA, so check with a lawyer or maybe even a financial consultant.
Generally, it is NOT harassment unless you specifically tell them not to contact you via phone. As your husband has a legitimate debt with them, they have a right to contact him to attempt to collect it. He has the right, however, to limit the ways in which he gives consent for them to do so. In order to effect most creditor-harrasment protections he needs to tell them specifically (and in some states, in writing) not to contact him via phone for any reason. Creditors don't like this and will usually then exercise their prerogative to not be so nice anymore and may revoke any settlement offers and even, if the debt is large enough, file a lawsuit to obtain a judgment against him.
Secondly, debts only become uncollectible after seven years from the last attempt to collect. So, in effect, they are extending the date every time they call him.
Best thing to do is to talk to them and work out some settlement arrangement that you can afford. They would much rather be paid at least some of the debt rather than none and in most cases want to help you do so.
2007-05-08 08:51:33 · answer #4 · answered by oodwayookbray 2 · 0⤊ 2⤋
The people your boyfriend owes money has ever right to try and collect on a debt, if they are not being rude it is not harassment. Your boyfriend shoud try to call them back and work something out. I am guessing it is not a large sum or else it would of went to court by now. If it does go to court, your boyfriends wages can get garnished.
Whether or not they need to identify themselves on the phone, I do not know that, since it is an agency, they are probably following the rules.
But the debt will not become uncollectable.
2007-05-08 08:53:05 · answer #5 · answered by Mike J 4 · 0⤊ 4⤋
i don't think sending her vegetation may be seen harassment. you ought to have a notice on the cardboard that reads 'i'm sorry. wish we are in a position to proceed to be acquaintances'. After that, alongside with your letter of apology, i don't think of i might try something extra. i might think of the ball is in her courtroom and he or she could make the subsequent flow if she values the friendship you had in the previous the argument. all people makes errors and could be forgiven in the event that they say sorry. It seems such as you have performed all you are able to to repair the damages. i'm hoping she is keen to forgive and to forget. good good fortune.
2016-10-15 03:11:10 · answer #6 · answered by duthill 4 · 0⤊ 0⤋
Look at pennlawyer.com. Dude makes his living suing collection agencies.
If the debt is 6 years old, he could probably settle it for 25-30% cash.
I want to see how many "pay your bills" highbrows that have haven't had a financial problem yet answer.
2007-05-08 08:52:55 · answer #7 · answered by steve.c_50 6 · 1⤊ 2⤋
Yes that is harassment and when they call again ask for the name of their company and the persons name and tell them to put you on the do not call list and if they call again you can report them. Debts go away after 7 years depending on what its for I know medical bills go away in 7 years so if thats what its for then in a year it should go away.
2007-05-08 08:45:38 · answer #8 · answered by Amy D 5 · 1⤊ 3⤋
Instead of ignoring them maybe he should explain to him that he currently does not have the funds to pay them back or if they call answer the phone and say he no longer lives here. They get off his back.
2007-05-08 08:45:00 · answer #9 · answered by MommyofTwo 3 · 1⤊ 1⤋
You can view fair debt collection practices by U.S. law below.
2007-05-08 08:53:27 · answer #10 · answered by Anonymous · 1⤊ 0⤋