Can a collection agency legally do this to me?

Question

I just recieved a "final notice" from a collection agency, (even though this was the first letter I recieved from them) offering a settlement offer on a phone account that we stopped in September of 1997.
I have never recieved any notice from the phone company or any collection agency and I believe I paid our final bill in full back then. Nothing is or has ever been on my credit report regarding this either.
The representative I spoke with was very rude and demanding and told me that she would provide proof AFTER I had set up a payment plan.
I don't want to pay for something that I don't owe. I will write a dispute letter to them and ask for proof; however, meanwhile, she told me that it is me that has to provide proof to them that I have paid this "bill" rather than them providing me proof that a bill is owed.

After over 10 years, can a collection agency report this to credit bureaus if I don't satisify them by paying what I believe is a bogus bill?

Answer 1

She is violating the FDCPA with the lies she is telling you.

It is NOT up to "you" to provide validation, it is up to "them" to provide it.
You "do not" have to pay them first for them to provide validation, they must provide it whether you pay or not if you request it in writing.

Generally telephone bills fall under the UCC for goods and services (utilities) with a 4 year collecting SOL that starts from the last payment to the account before the account is charged off. Whether you go by the UCC or your states open SOL statutes, you are far past the collecting SOL for both if it has been since 1997.

They cannot legally place that account on your credit reports since it has been longer than 7 years. If they do, they would illegally be reaging the account.

Many collectors like to use the "final notice", or similar, tactic so they can bypass the "first 30 day" FDCPA law. By doing that they make it harder for a person to hold them to that law and cease all collection attempts until they provide validation.

Include in your validation request that the letter you received on xx/xx/2007 is the first contact you have received from them. (having that in writing in your validation request would put it on them to prove that they have previously dunned you - which they more than likely cannot do)
If you did not receive a letter but a phone call, by law they have 5 days from that phone call to send you a notice concerning the debt. If they fail to provide anything in writing within those 5 days, include that fact in with your validation request.

Never sign your signature to anything that goes to a collector. Only type your name or print your initials.
Send your request certified mail return receipt.

If they fail to respond in 30+5 days (the 5 days is for return mail), send them a SOL letter that includes a cease and desist (C&D).
If they provide proper validation within the 30+5 days, still send them a SOL and C&D letter.

You might click on my profile and do some reading in the FTC links I've provided for the FDCPA and the FDCPA Staff Opinion Letters.
Also do some reading in the last link listed. It is to a free credit discussion board where you will be able to find information to the (free to use) sample letter template for a SOL letter.

Answer 2

Get a copy of your credit report from Equifax (it's free--you have to find the right site). After you get the report see if this charge was ever reported.

I believe that the statues of limitation is 4 years---not 10.

Remember, all this lady in the Collections Agency wants is for payment.

Do not pay a penny to these people. Write a letter of dispute to the collection company---(for a little umpf put cc: John Smith, Esq. or whatever name you want).

It may be that this company is going after the wrong person, but you need to show that you took action (always important to have a paper trail).

Being a Collection Agency employee must really be the worst job----

Good Luck

Answer 3

You can dispute their claim within 30 to 60 days and they must verify the debt. You do not have to make any payments on anything in dispute.
Since this is a phone company bill,you can contact them and ask for the records of your account that was closed.
If you kept any records of your utilities and payments and made note of when you closed the account,you will have more ammo in your favor.
Under the fair debt practices act,a debt collector is not allowed to provoke an argument.
If the debt is legitimate,then you can pay the bill all at once or set up a payment plan.
Collection agencies are limited by law as to what they can and can not do to collect a debt.
You can get information from a local attorney or from the Federal Trade Commission's web site. This is also where you can file a complaint against the collection agency.
If you have a tape recorder handy,you can get a device from Radio Shack that will allow you to hook the recorder to your phone and record your conversations.
Any letters you send to them,use certified mail-return receipt requested so they cannot claim they never got any letters from you (also keep an original copy of all letters you send on file).
Same for any payments you send-use postal money orders.
Keep your copy of the money order safely filed away with your letter file. You can verify if the money order was cashed by the collection agency or not (it will also turn the postal service loose on them if they try any funny business.
Use your computer financial software to keep track of you bills and payments even if you pay with cash and get receipts.
You can put the receipt number in the memo of the transaction register.

Answer 4

First off tell them to prove it as in you dispute the bill, if they come back saying they have tell them the statute of limitations has been passed, if they take you to court showup and claim the same, they will lose and you will be the clean

Answer 5

Do not talk to these people, whatever debt might be out there it's past the statute of limitations, there is nothing they can do unless you admit that you owe it or pay them anything.

She is wrong, they must validate the debt and they can't.

Answer 6

It depends on what state your in. I have a credit restoration company and for example in Texas they can not come after you if it has been over 4 years. If you have any questions send me a e-mail at [e-mail]

Answer 7

Is this Collection Agencie called "American Agencies" ..I dont know what state you live in but after 4 years in California they can not sue you for the debt and in most cases 7 years it should fall off your report..I would not send them one red cent dont give them any information at all