debt collection calls?

Question

I had a debt collector call me a couple of days ago about a credit card debt I had in college, that was 9 yars ago. I know i made a mistake by not paying and now they keep calling me. I asked them to stop but they dont, what do I do. the debt was for less then $1,000

Answer 1

Most of the posters gave you pretty good answers.

You said you had the card 9 years ago but you did not say if you defaulted on it 9 years ago or more recently. That bit of missing information makes it hard for anyone to give a more definate answer.

By going through your past questions to see if I could find a state to base my answer on, if you still live in CA and you stopped paying more than 4 years ago, then the collecting SOL has passed and you are no longer legally responsible for it.

If it has been 7 years or more since you defaulted, it should not be reporting on your credit reports. If it has been 7+ years since you defaulted and they are reporting it on your credit reports, than they have reaged it and they are liable to you for the violation.

Your state is one of the few that has a state version of the FDCPA. It offers excellent protection from the bottom feeders you are dealing with so you might look it up and do some reading.

If it has been that long, you might send a combo cease & desist (C&D) and SOL letter. The C&D should make them stop contacting you, the SOL letter should prevent them from selling it to another. If they do happen to sell it, you may be able to hold them legally responsible for the violation.

In the letter, for the SOL info, you should include sections of the California Penal Code - Penal Code Section 518 through 527
And include the California FDCPA - 1., 2., 3 and 81
You might also include any applicable FTC FDCPA information.

I would suggest that you click on my profile and do some reading in the FTC FDCPA link I have listed and also in the very last link I have listed to a free credit discussion board. You will be able to freely ask any further questions you may have in those forums, find more info for your state and sample letter templates (plus a link to a fantastic and free SOL letter template)

Answer 2

Gotta give to some of these people who believe paying is the only way out of the problem..

Here is the skinny on your matter... Most likely, the debt has already passed the statute of limitations... That is to say, they do not have the legal right to collect on the debt any longer..

Under the fair debt collection practices act, you can send the debt collection agency a cease and desist letter. However, you must send this return receipt requested. Once you send this, wait until you receive the signed notice back and then this will stop them from calling you. Now, understand, the law allows them one final communication to say that they are terminating their efforts and if they are invoking any other legal rights afforded to them. Do not acknowledge liability to the debt. This can reset your clock and cause you more problems. Chances are, once you send that letter and the debt collection agency receives it, they will sell it off to another agency (which means you must repeat the process). However, do not acknowledge liability to the debt.. If you receive a call from another collection agency regarding the same debt, DO NOT VERIFY YOUR SOCIAL SECURITY NUMBER. Instead tell them, I am not aware of this debt. Please send me your initial communication letter to this address (your mailing address).. That is it.. Nothing else to say.

Hope that helps.. But be careful.. This is a growing trend to have crappy companies pick up "junk debts" and try to collect on them... They buy the debts for a few cents on the dollar and then tries to collect on the entire balance...

feel free to e-mail or contact me if you need further advice...

Answer 3

Under the Fair Debt Collection Practices Act (United States law), they can call you between 8 a.m. and 9 p.m.

Answer 4

READ THIS ANSWER
good new you don't have to pay a dime, past your states statue of limitations so they cannot sue you. Plus this bad boy is probably off you credit report. next time they call ask for there company name and address send a letter telling them that this debt is past your states SOL and to stop contact with you buy phone and mail. Google 'iciest and desist letter to debt collector" send it by certified mail and if they contact you after that you can sue them for each time, reward of 1,000 a time and trust me they are stupid enough to keep calling.

Answer 5

First, what state are you in? The laws depend on the state.

Second, you can send them a letter REQUIRING them to ceast and decist.

You can download FREE software at http://www.softpedia.com/get/Others/E-Book/Poor-Mans-Credit-Repair.shtml

It will have the letter you need to send.

I would also suggest you go to www.annualcreditreport.com it is a free website to give you access to all 3 of your credit reports and you can dispute any negative information.

Hope that helps!

Daniel

Answer 6

The only way for them to stop is for you to pay them. You should have done it at the time cos now your credit rating will be crap. If you don't pay it, they'll send debt collectors around to grab your assets to sell to make up for their losses.

Answer 7

Just a note to say....MBATXguy gave great advise....There's nothing more that needs to be said....

Answer 8

pay them