ANSWERS: 4
  • They have this new invention. It's called "Caller ID". When the phone rings, Caller ID activates. If you don't recognize the number, you don't answer the phone. Works like a charm!
  • The next time the creditor (collection service) calls, inform the creditor that the ALLEGED debt, if any (make no admissions), is time-barred and inform the creditor that you are invoking the "no contact" provisions of the (federal) Fair Debt Collection Practices Act (FDCPA). Inform the creditor, if your demand for no further contact is ignored, that you will contact an attorney to enforce your rights under the FDCPA and will sue them for allowable statutory damages and attorney fees. Follow up with a letter (certified, return receipt requested) informing the collection agency that the ALLEGED debt is time barred and that you invoke the "no contact" provisions of the FDCPA.
  • You can find the statute of limitations for debt collections for your state here http://www.fair-debt-collection.com/SOL-by-State.html The time varies by state and also by type of debt.
  • First, there seems to be a misconception as to what is a statute of limitation. A debt does not expire. However, the time a person has to enforce a debt in a court of law does expire. Thus, even if the statute of limitation has run, a creditor can continue to seek voluntary repayment of the debt. The FDCPA does have a provision that allows a debtor to have communications from a creditor cease. However, telling the creditor on the phone you want communications to stop will not work. The FDCPA requires that such a request be in writing. Once the creditor received the written notice, they may contact you one more time to inform you of the steps they are going to take or the legal remedies the intend to seek. Getting back to the statute of limitations, you must be sure that you have not already been sued and have a judgment against you. Most debt collection actions are default judgments because debtors simply ignore the complaint because they think it is just another creditor communication making empty threats. The time period to enforce a judgment is often 10 years and is renewable. If you have a judgment against you, interest is accruing on this debt. Before law school, my first legal job was with a debt collection firm. My job was to find assets so that we can garnish wages, put liens on homes, find bank accounts, etc. Many of the debts that I was collecting began as a debt for under $2000, but had grown to $25k to $50k simply because the debtor tried to hide from the debt. The moral of my story is this: if you don't have a judgment against you and the SOL has passed, you can write a letter and stop the communications. If you do have a judgment (which you may not know about), one day you may find yourself unable to sell your home or have your bank account emptied all because you were ignoring the creditor.

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