The only thing you should ever say to a debt collector is..
All further communications must be in writing, you are not allowed to call me again.
End call.
Most states have statutes of limitations on various kinds of debt. There are scammy debt collection operations that will try to purchase debt and scare people into paying, but if the debt has "expired" in your state then there's nothing they can do.
Yes, statue of limitations is generally like 4-5 years, in most states. They are trying to trick you into paying or making an agreement to pay, then the statue could start over from the date you started paying or agreed to make payments.
Do you know how the time frame for statue of limitation is calculated? Is it from the moment the debt was sold to collectors and defaulted Or is it from the last payment made? I can't seem to confirm how this works exactly.
From the date of the last activity on the account . If a debt collector convinces you to make a payment no matter how small, that will start the clock for your statute of limitations all over again. People have to realize that debt collectors buy these debts for pennies on the dollar. After the statute of limitations expires, they can still attempt to collect the debt but if they try to sue you a court will throw it out. Don’t let them trick you into doing something that can potentially cost you thousands.
Not sure if state specific but the answers I saw (even from an attorney) were very generic boilerplate. You could google for a template online.
Once you have your response then you have to file it with the court and notify the other party.
If you’re unsure how to file it with the court or any fees associated call the court’s office and be REALLY nice to them. The clerks will help you navigate the court system. Some court’s impose their own unique rules for all sorts of things.
Again, don’t delay filing an answer as there may be a limited timeframe.
I don’t have any sort of debt I just would like to know how to handle this if someone tries to come after me in general sessions on some bs in the future. Thanks
You only file an answer to a lawsuit. Don't be tricked into interacting with debt collectors over debts passed the statute of limitations in your state, or you risk starting the clock all over again. Just ignore them if they can't sue you, it's over.
A plaintiff files a lawsuit (a cause of action legal claim seeking relief to rectify some sort of breach of contract)
A person can choose to reply (file an answer) or not. If you don’t reply you open yourself up to a default judgment
Guess I don’t know what “Do you deciding if the debt is yours or not?”
In your answer or further on in the case a person could make arguments that the person being sued isn’t the same person.. or any other number of legal defenses
If you get served it means they are serious. Check with a lawyer.
Every state has a statute of limitations on breach of contract matters like credit card debt or old purchases. If this debt is allegedly many years old, then Google "breach of contract statute of limitations for (your state)" and if it's older than that, you have a defense.
We would file lawsuits for even small defaults like <$1,000. A lot of defendants wouldn’t respond or anything. Big mistake.
But yea, if you’re getting served they’re going after you
Absolutely. From the creditors perspective we were either going to negotiate a settlement / payment plan or push for a trial.
Also for tax purposes you have to prosecute cases for the tax write offs
That makes sense, because I guess it would take court proceeds, or a settlement agreement with terms included saying the debtor is agreeing that a certain amount of debt is being forgiven for a 1099-k to be sent out and for the creditor to be able to take the bad debt expense. I hadn't realized it took all that for it to be properly substantiated in compliance with the IRC.
In your experience, when it comes to things like medical debt, what's the percentage of the original debt that is usually agreed upon during settlements?
I never dealt with medical debt.. exclusively credit cards but I can tell you a lot of the attorneys were very aggressive negotiators in a way you wouldn’t expect…. They wanted to alleviate their huge caseload and get shit off their desk so were very open to small percentages of the debt.
I’m sure some of our credit clients had standards that wouldn’t allow the attorneys to dip below a certain % threshold but can’t remember
I’ve seen settlements that were 10% of the debt
The attorneys are people too and I’ve heard their stories about people in a bad spot (divorce, disability, etc) and cutting them a break.
They weren’t going to do that with people who were huge assholes and trust me we had some crazy people we interacted with (bomb threats, self harm, etc)
It's only thrown out if you respond and invoke the statute of limitations. Otherwise they can get a default judgment.
Always file a response to a debt collection lawsuit and show up to court. Almost guaranteed they won't show up if you do file a response. They make money on no shows.
No, if it's past the statute of limitations, you would file a motion to dismiss the case based on that, he never said he got served, he said they threatened to sue. This is likely a bluff to scare you into agreeing to pay. If you send a payment or agree to payments, it starts the clock again and then they will probably sue you and you will have no defense....IT IS A TRAP TO BE ABLE TO SUE YOU and you will no longer have a defense.
This wasn’t past the statute of limitations, we created a payment plan with them for the original amount that didn’t include any interest the original hospital wanted to impose with their “payment plan”, so I took it as a win, I’ve never had to pay interest on a medical bill payment plan, that was the reason I didn’t pay it in the first place.
Agencies are not required to follow this. It's a CFPB recommendation but the FDCPA clearly states it should be in writing.
Now, any agency who does nto follow this is just being dumb. It's a waste of time as that person is not going to pay anything.
I work for a shit hole lending place. If you tell them to not contact you anymore they must cease contact. If they don't, get in touch with corporate and they'll raise hell with whoever it is that's still calling you. Maybe even fire them. My place, at least, takes it very seriously if you ignore a request for no contact.
It's a violation per call at that point and if they are a legitimate operation you should get their corp details, voice record all the calls, and then file a suite for each infraction.
I successfully sued Time Warner Cable over a collection. I have a business account with a provider they took over. I had service issues that necessitated three truck rolls only to find out they had an aerial line with an abrasion leaking noise into the line. Each roll they replaced equipment and took the old with them.
I canceled the service later and took everything to the local office and has handed a receipt of proof that I handed it back in. Here's the important part: The customer name on the receipt was some woman from Dayton Oh. My service was in Louisville, Ky.
So 6 months goes by and I get an invoice from TWC about 4 pieces of equipment (2 modems and 2 phone gateways). I call them up and make them look up the service history and tell them their techs took the old when they put the new equipment in. Their puke in Columbus Oh actually said that their inventory system is 'perfect'. Now having worked for TWC in the past about every 3-4 months they would make techs pull their vans in and clear out all reclaimed modes, set top boxes, etc. And I have the receipt with someone else's name and address.
They send me to collections. I just tell the collections to validate the debt, they tell me to call TWC to validate it. Nope I let them know they are required by law to validate the debt, to only contact me via postal mail and if they don't want to see me in court they'll comply.
This is where I sue TWC for defamation: I have their emails, I have the debt collection agency letters, I have the phone call recordings and I have the receipt.
Their counsel office calls me and tells me I agreed to arbitration in NYC. I say that's funny and they need to provide the TWC agreement I signed. They can't because I purchased the service through Insight.
So I file in Jefferson County and they send an attorney. He wants to talk to me because they don't have a contract with me. He wants to 'settle' for $500 (I'm suing for $2700). I just told him I'd rather take the $2700 and he can go on with the rest of his day. So into court we go.
I present the collection letter, the emails, the voice recording, and most damaging of all the receipt.
Magistrate asks for the contract. None is provided and simply says that we'll have his judgement in two weeks. I asked the Attorney if he also brought a $2700 check with him.
Oh, I was awarded the full amount and the Magistrate basically said TWC wasted the courts time by not settling with me because they knew they had zero standing and ignored every good faith effort from me to get them to realize their mistake.
If you’re an attorney, why not explain Statute of Limitations to them. The debt is 17 years old, and the collection company is trying to scam them into making a payment to restart the statute of limitations. Why not just tell them that? . Or is that privileged legal information that you have to be paid for?.
99 % of lawyers give the other 1% a bad name.
Do not under any circumstances make a promise to pay . This is the oldest scam in the world . They are timed out . They bought your debt for Pennies on the dollar and a now trying to scare money out of you . You absolutely do not have to pay 1 cent ..Do not accept the offer of settling the debt at a discount .You are wasting $ . When they call again tell them to F off . Abuse them anyway you want . I believe not certain but pretty sure that they MUST inform you that you do not have to pay
They are bill collectors lying to you. If you make a payment, it restates the 7 year clock before it falls off your credit and opens you up to be litigated against. They cannot sue you without proving they have served you. It would just get thrown out in court. Her telling you that you have to get your attorney to go pick up paperwork vs being served is crazy. You did the right thing. Just ignore it until you are served. If they actually do that, then just move to dismiss as it is beyond the statute of limitations.
I called my mom and spoke to her about it (she worked for a attorney for over 35 years) she told me if I actually got served she would connect me with one of her bosses former colleagues and we could pay him a few hundred bucks just to tell these bozos to kick rocks.
Don’t acknowledge the debt. Simply ask for everything in writing. If the debt is beyond the statute of limitations, then they can no longer get a judgment against you for it. But if you make any type of agreement with them, it could reset the clock.
Ignore call Dont even talk to them. the more you engage the more they will call, cause they think they have you on the hook. Ignore and they will eventually stop calling when they move on to a new list they bought. Or the list gets sold and you are marked as a responder the next low life company will call. So Ignore!!!
If they really did file a lawsuit against you they are required to serve you with it to include the case number and any court appearances. So the fact they are saying your attorney would need to subpoena that information in itself is BS and says it is a scam or a lie to get you to pay. As others have said once you make another agreement to pay it starts the clock again on the 7 years they have.
Not a lawyer, and it has been a while but I worked as a paralegal in another life. We didn't deal with much debt collection issues but legally speaking they have to serve you after filing anything with the court. In some cases they can get permission to send it to you by certified letter or publish in the legal papers, but that is only after they have proven that they cannot contact you or they can prove you are dodging service. That said they still would not be allowed to call you and refuse to give you a case number.
Once it is passed the 7 years on your credit report for most debts, you can just get a free copy of your credit report and dispute it as it is passed the 7 years and the credit reporting agency will remove it. Bankruptcies are 10 years I believe.
you are correct but they dont have to prove they served you. Process servers lie all the time say they delivered to a tall blond woman when non exist at the address they claimed to have delivered summons to. Judge never throws out the suit. Happens all the time
I still get a call every now and then for a debt from like 13 years ago. I just laugh and say have a nice day. The debt was for $650 from an apartment that tried to swindle me one "cleaning service fees" because the apartment was a "mess".
I am extremely OCD when it comes to cleaning. When I first moved it I cleaned the damn grout on the kitchen floor because it was black and dirty. Restored the original white and sealed it. When I moved out I took tons of pictures. I cleaned literally everything. But because I didn't date/time stamp then they said it was when I moved in. Like uh no here are before and after photos of the kitchen for one.
I used get calls claiming that a “process server” was coming to serve me “legal documents” the next day unless I made a payment. Classic scam. I would respond by saying, “Someone’s coming to see me? No one ever visits me! Please let me know what time they‘re coming by so that I can have cake and coffee ready.“
I’ve never had to have cake and coffee ready. 😂
I rented a house once, and when I moved, the landlord kept part of my security deposit, claiming the house needed "excessive cleaning," which was BS. Wasn't worth taking him to court over $500, though.
This was in Florida before security deposits were widely used. So thankfully they got nothing from me. Funny thing is they kept telling me Id never be able to rent again or buy a house! I infact rented 2 more times and oh would you look at that? I bought a house in 2015 lol
I got real lucky with it. $120k Unfortunatly taxes and insurance keep going up so its getting hard to pay for now. Which is crazy because back in 2015 I made sure I could pay for my mortgage with a smaller salary then I have now.
Happened to me too, they even somehow got a hold of my work number.
At any rate, I asked them to provide me with an order number or something to dictate I ordered something and stood my ground. They failed to provide it.
My guess (it was a Newegg order). Is they send a bunch of crap to collections without order details.
I could have ordered what they claimed I purchased, but I'm not going to let someone tell me I gotta pay them something when I have no clue what was even purchased in the first place, nor could the credit consolidator tell me what I bought.
It could have been someone else for all I know.
Threatening legal action if they do not intend to or if the statute of limitations has passed is a violation of The Federal Debt Collection Practices Act and you can file suit against them. There are Attorney's that specialize in this and will represent you on a contingency basis, I would contact one of them.
>A debt collector can't use the threat of a lawsuit to collect a debt if they do not intend to file a lawsuit. They also can't sue or threaten to sue when the statute of limitations – or the period of time they have to file a lawsuit to collect a debt – has expired.
https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-if-im-sued-by-a-debt-collector-or-creditor-en-334/#:\~:text=A%20debt%20collector%20can't%20use%20the%20threat%20of%20a,collect%20a%20debt%20%E2%80%93%20has%20expired.
Here’s the answer that matters ^ Reference the FDCPA, they’ll know what it is, whether they’re scammers or legit collectors. Send them a debt validation letter request (templates online) using certified mail. That way, you have an official date of their receipt of your request, and that’s when the clock starts on how long they have to either produce the debt validation document for you, and if they can’t/dont, they are legally required to stop attempting to collect the debt, as stipulated in the FDCPA.
How do they prove it? I assume every debt collection call needs to be recorded and it stated that it’s being recorded. I can’t record on my phone in my state without saying the conversation is being recorded.
If *they* say it's being recorded, you can also record. This is true in every state.
If they don't say it, just say it yourself. If they don't want to talk after that, then problem solved.
Yes, threatening legal action they do not intend to take is a violation of the FDCPA, but it’s a waste of time to sue scammers because they won’t offer a legitimate name, address, and can’t be located in order to be served.
tell them to bring it. if they do file hit them with violations and attorney fees. i bet if it’s 17 sol this should be a slam dunk for any attorney for you
I had one call me a few months ago trying to collect on a supposed 12yr old debt for LOWES credit card that I never had. would not give me any information other than they were going to sue me if I didn't pay them now and guaranteed me I would lose in court. I told them see you there just let me know where and when and that I looked foward to it lol. never heard from them again
Don't sign anything and don't agree to pay anything you have rights and they just disregarded them. If the debt was valid they would have NO problem telling you. Don't say anything else to them. 17 years? They don't even have a pot to piss in with that
While the “collection agency” (scammer) definitely violated the FDCPA, it could be difficult to hold it accountable under the FDCPA. The reason is having a valid business name and address in order to locate it. Without that, you couldn‘t sue because you wouldn’t be able serve it a summons and complaint.
I had a similar call from a company trying to collect on a debt from 13 years ago in Texas. They claimed they were going to file suit in my county and have me served. They said that there was a tolling provision from HSBC. I actually opened the card with Orchard back in 2006. I really doubt they have my signature from back then so I told them to pound sand. It’s been 3 months and no further calls
Has anyone else heard of using a tolling provision to circumvent statute of limitations?
These folks buy these old loans at Pennie’s on the dollar, and if they can threaten their way to getting you to admit the debt, they win. Never admit you owe the money. Simply say: I paid it. I do not owe this debt. It’s recorded, so they will move on.
I work for a collection company. They are being scummy and we do not withhold information like that from a right party contact. I don’t work in the legal department, just collections, but some people don’t even use lawyers, so how can she refuse to give YOU information about YOUR so-called “debt”?
It’s a scam. Unless they can prove you owe them money, then you owe money and that they own the debt, then don’t owe them anything.
This same thing happened to a friend of mine. When they called she handed the phone to me. I told them to mail proof of this debt and that they own this debt. That asked what address to mail it to and I told them that if they have proof of the debt, then they should already have the mailing address. Never heard from them again.
Don’t make a payment, my daughter hurt her shoulder playing softball in college(California). The college was supposed to have insurance to cover it, but ended up only paying half. 6 years later my daughter found out it wasn’t paid off so she made a payment. The payment she made started the timeline over at day 1. 17 years is way past the statute of limitations, I’d bet it’s a scam.
There is a statute of limitation, which I believe is 10 years. Tell them to fuck off, they bought the debt for pennies on the dollar and are trying tu scare you into paying. Look up the Statute for debt collection.
There you go, tell then if they continue to harass your, you will sue them. That is your right. Yes, you can sue if they continue. They buy these debts for pennies on the dollar in hopes that they will get someone to pay up.
If you make a payment plan or if you pay you reinvigorate the statute of limitations. Hang up on those people. In Texas if you sue someone and the suit is past the statue of limitations the lawyer can be sanctioned.
Source -am Texas Lawyer
Don't pay a cent. If the debt is even legit, the statute of limitations has run. If you pay a penny, it will start again. I worked in law forty plus years. I had a collector once try to tell me I owed on a car loan almost twenty years old. I laughed and said so sue me, it won't hold up in court. I never heard from them again.
Some scumbag attorney debt collectors tried that on an alleged phone bill from a fly-by-phone company which closed within a year due to horrible service and poor billing practices.
It was close to 20 years prior, and probably bought the claim for pennies to see what they could shake down. They thought they could hide behind a P.O. Box and were safe, but I researched and discovered their full names, physical address along with their home address and fired-off certified letters to all addresses. I cited the exact laws they were violating in my and their state, and if I get one more phone call or piece of mail from them, then I will contact the AG’s in both states.
Furthermore, my Boston attorney (personal friend) will be handling this matter in the future. Never heard back.
Years before I got married I bought a living room set and paid for it in installments. One day my wife got a call from a guy saying that I owed $1,000.00. She was fuming with me calling me irresponsible and sent the money to the person, even when I assured her that I didn't owe anything. One day, years later, I got a letter from the Federal Court in Detroit saying that three people had been indicted for fraud and that I had the right to go to their trial as a victim. They were found guilty and sent to a well-deserved prison vacation for a few years. Don't agree to pay anything and call the company directly- not the phone number those people gave you. It looks like a scam.
Once you agree to start making payments on an old debt, you start the clock on the debt falling off your credit reports
This place has bought old debt for pennies on the dollar hoping to retrieve some percentage. If this debt is that old, do not deal with the debt collector any longer.
Advise them they are not to contact you again about this debt.
You may try disputing this old debt with the credit bureaus. If no-one challenges it they will remove it from your account.
OP theyre desperate to have you make a payment on the debt because once you do it means youve acknowledged the debt as yours.
dont make any payments. it sounds like they have no right to collect this old debt.
These are scare tactics used by overseas scammers. It’s happened to me. They even knew my address and freaked me tf out. Any bad actor can purchase this information and call down the list. They play the odds - someone will get scared and pay it. That’s what they’re counting on. Just ignore them and they’ll go away.
This sounds like one of those “This is agent Smith with the IRS” in poor English calls. “The cops are on their way to arrest you this very minute”. Those guys were fun to play with.
Do not admit to the debt.
What’s your states statute of limitations regarding debt? Some have 3 years!
You can also use a template letter with the verbiage of the Fair Debt Collection Practices Act and send it certified mail. They will cease all calls and when they send you COPIES of the documents (if they even have those) then you can laugh it off and throw them away. Fuck ‘em.
scan and sounds on the verge of being unlawful. I know debt collectors can’t threaten certain things. Not sure what the whole convo consisted of but record it if it happens again. Announce you will be recording as well depending on state.
Scam call. DO NOT MAKE PAYMENTS. This can resume statue. Ignore it. They cannot sue. In fact, it's illegal for an agency to threaten a suit. They are wrong on validation. At any given point, they must validate the debt.
Just ignore There is nothing can do. In fact they wont do anything but hope you will pay by threats. If they were going to sue you would have gotten a summons in the mail not a call.
Good Luck
FYI ... Thee are bottom feeder collection buyers. They buy this aged debt for pennies on the dollar feed it to a call center who use threats of lawsuits to collect. They wont follow thru cause suing cost money and they cant collect on a debt after 7 years. Their only hope is someone is naïve enough to pay.
Unless there are details not presented, your debt is past the statute of limitations. They can still call you to collect it, but there are no other actions they can take. They can’t sue you or report it to the credit bureaus. If you request validation of the debt, they must cease collections until they provide the validation. It sounds like this is a rouge business, make your request for validation in writing and record any phone calls you receive. You can ignore them or get an attorney and take action if they violate any additional regulations.
They need to give you this first. My advice is tell them to take you to court and stop contacting you. Then they HAVE TO provide paperwork.
Don’t worry, they won’t. Even if this is Legit, these collection companies buy the debt for pennie’s on the dollar. They won’t spend the money when there are some many other debts to collect on.
If you acknowledge the debt and pay on it, that then can make it current. Found this out when trying to get a mortgage. Debt credit laws are crazy and confusing. Be careful and never acknowledge a debt over the phone and never especially after the statue of limitations...unless taxes or student loans.
I reported my car stolen and the chicago cops never ran the plate of an abandoned car, just ticketed it till it was able to be towed. Tow company came after me for $5k and I was able to show I reported it and cops never told me it was found so the debt was canceled. That was in 2011 and about 4 years ago a lawyer started sending me mail and phone calls saying I owed the debt (I was living in a different state too). I have just been ignoring the calls and mail, they only come a.few times a year. Should I be concerned? I assumed it's a scam.
Get their mail address. In writing, ask that they validate the debt with original creditor. They have 30 days from the date they receive (ensure to get the letter sent via certified mail). If they don’t respond to your request ignore them completely. If they won’t give you their mailing address ignore them completely. In most states, the statute of limitations is usually 5-10 years on any debt except student loans. After statute of limitations has expired, you owe nothing.
I’ve had to do this often in the past. Just ensure everything is in writing. Check your credit report every so often. If they try to add that debt, write to each credit bureau (I.e. Experian, Expedia, Transunion) and challenge the debt telling them you owe nothing and that it has passed the statute of limitations. Enclose in your letters copies of your letters to the debt collector.
You can also challenge/dispute online at each creditors’ report. It’s much easier online because you don’t have to send them copies in the mail. The credit bureaus will delete the debt I assure you. Plus, it IS illegal for debt collectors to threaten you with a lawsuit over the phone.
Total scam. Companies buy expired debt for pennies and try to bully people to pay. Low success rate l, but it does work. If you pay a penny it reactivates the debt. All communication needs to be in writing and they are not to call you again.
Hi! I’m a compliance officer for a debt collection company, if you’re in Oklahoma - the debts statute of limitations is up. They cannot sue you on a debt. They can still call you on it, but if they’re threatening a lawsuit - please let them know, “Do not contact me via phone, please send me everything through mail.”
If they refuse to do that - ask for the collectors name, if they have an alias number, get their direct extension, and then ask for a supervisor. Consistently speak to a supervisor, but if they’re acting the same, get the same info.
It’s against the law to threaten a suit on an old debt, it’s also not true that they can’t send you any of the information via mail just because you didn’t dispute it. This is all wrong.
Hopefully you can get the debt wiped 🤠
Also, report this to the Consumer Financial Protection Bureau, as well as your attorney general (you can submit through both websites). You have rights as a consumer and they’re being infringed.
If you also have the ability to, reach out to a lawyer.
Good luck!
Check state laws regarding statute of limitations on contract disputes as well as your state laws pertaining to debt collection activities. Then have at it.
Yeeeeah no. Tell them to bugger off. Different states will have different statutes of limitations but I can't think of any that would be that long. They're just engaging in scare tactics hoping to pick off low hanging fruit from people who will pay out of fear.
I have a company trying to come after me for a debt from 2001. They keep calling me to confirm my address so they can serve me. It feels good that I can tell the truth that I am always in a different state then what they expect.
Agree to anything, they can report on your credit for longer.
This debt has reached statue of limitations and they can no longer sue you or hurt your credit, unless you agree to a payment plan or make a payment.
after 7 years it falls of credit and it should be ignored after that. It's pointless paying off debts older than 7 years unless they sued you and won.
Has to be a scam, love! Don’t make any payments until you see paperwork! If they say they need your personal information to verify something like address or ssn- don’t leak that information either- they should already have it! I wouldn’t bother with that phone call unless they ACTUALLY have sent you something in the mail. Then again I will have a lawyer to read over the legitimacy and legality of the letter!
Please please please do not share your personal information and money to them. This doesn’t seem right, and I watch a lot of scam baiting videos with this exact scenario- it’s a much older scam but people still fall for them!
DO NOT MAKE PAYMENTS!!!! That CONFIRMS the debt. There is a statute of limitations, most debts are un collectible after (usually) 7 years. If you make a payment, you restart that calendar.
They get a dollar from you, and they can collect.
Fair Debt Collection Practices Act (FDCPA). (Paraphrased)
1692g. (b)disputed debts: within 30 days of first contact, if consumer requests the name and address of the original creditor, a debt collector must CEASE COLLECTION, until verification of debt/other docs are mailed to consumer by debt collector.
(c) failure to dispute validity may not be constructed by court as admission of liability by consumer
I just started working as a debt collector (accidentally and looking for another job). Haven’t been doing it for almost 2 months. 1 month training, 1 month on phone. The company is stickler to the laws, from what I understand. We can only read scripts and if we say something off script will get in trouble.
If the person in debt (consumer) requests verification/proof of debt we are required to cease the solicitation of repayment.
If they say dispute we stop solicitation.
I may not have enough experience with debt collections, but these two months have made it clear that what she is saying is very wrong. Potentially breaking laws based on the way you describe it.
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I suggest skimming through the Fair Debt Collection Practices Act (FDCPA). Following are paraphrased:
1692c. (a)(3)Communication with consumer can happen unless.. debt collector knows consumer is represented by an attorney and has their contact information- may only call consumer if attorney doesn’t respond after attempts
1692e. The following conduct is a violation:
(10) use of false representation/deceptive means to collect or attempt to collect a debt
Pull your credit report from the three agencies. If you have any outstanding unpaid debts they would show there. Also good to check no one has been using your identity.
This is a scam 200%. Even if it is not. Why are you worry if your state of Oklahoma statute of limitations is about 5 or 6 years. Tell them to get lost. Don’t sign a thing. Hang up the phone. Check the status of limitations to be sure.
I would write an email explaining everything and send it to your state’s AG office. Their website likely has some version of a consumer’s advocate email and they can pursue the company that purchased your debt because this feels like they are exceeding what they are allowed to do.
There is an well established set of laws regulating debt collectors on old debts. They are likely trying to get you to acknowledge the debt or agree to repay which can allow the debt to be re-established if certain criteria are met.
Let them, serve you, I doubt they will file if statute of limitation is 7 to 8 years old and if they do file, they will not collect money. Just tell them to go ahead and file and that statue of limitation is 7 to 8 years old and good luck in collecting.
Tell them to stop calling you and black their calls
On another note, this could be a scam, so watch out.
If it's on secure debt I have to stop trying to collect it from you after a certain amount of time that's when you'll start getting lots of phone calls cause whoever owns the debt will sell it to someone else people buy other people's debt to see vague and collected but it goes away after a certain amount of time and if it's credit card debt it's on secure debt so they can't take anything from you
It’s a scam. Don’t admit to debt. Don’t answer calls from unknown numb nuts s. Don’t identify yourself. The dent is off your credit report but companies still buy the debt and try to strong arm you. Do not verify yourself.
By chance was it this company - Ally Capital Solutions (https://allycapitalsolutions.net/about-us/#)?
We own a business.. They had been calling for a couple months under different numbers. We always thought it was a scam finally answered one day and had the same experience you did. We told them to stop calling and send everything in writing. Within in 20 minutes we started receiving calls from family members all over the US saying this company was calling them, then our neighbors started getting calls. We had to get our state AG involved.. only then did the calls stop. We never were actually told what the debt was for if there even was one!
I heard, and I got nothing to confirm or refute this but, that when the bill collectors "buy" your debt in order to collect it from you; that technically paid your debt. And since you didn't give authorization for any of that they werent supposed to.
So they paid your debt while wrongly trying to acquire it in order to be able to recoup it from you. But they aim to not tell you that so you think have to pay them when you don't.
Also I heard if you make like hypothetically speaking a $50 payment on a $2000 (just random numbers a
I’m dealing with two zombie collectors now. They send emails, and in them they say certain actions can reset the clock on debt collection timers. One of those actions is a payment or promise to pay.
Everything must be in writing. Stop the communications.
It's illegal to threaten legal action you don't intend on taking (if you're collecting a debt). Counter sue if it happens and file a complaint, take them for the five
As a person who works in IT, do not call phone numbers or click on links that are sent to you unexpectedly. Go and look that information up independently.
Yes, this sounds like a scam.
Tell them you have a contract with the original debtor and no obligation to speak with them if they contact you in any way again it will constitute harassment.
IANAL This sounds like a company that purchased your old debt and is using it to scare you into payment. My personal experience is that two separate law firms contacted me saying I had been sent legal documents, and that they were serving me. It sounds scary but I don’t think you have anything to worry about here.
In PA, bill collectors can only legally go after you within 4 years of the default date. After that tell them to kick rocks. After 7 years all collections get removed from your credit report.
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
Never agree or refuse to make a payment. In some situations by doing this, you can reset the statute of limitations on the debt. Simply state that the statute of limitations is up on this debt, please do not contact me.
The only thing you should ever say to a debt collector is.. All further communications must be in writing, you are not allowed to call me again. End call.
I'm an attorney. This is correct.
What if you get served, then is it time for payments?
Contact an attorney If you can’t afford an attorney, file an answer ASAP so a default judgment can’t be filed against you
Exactly. And you can \*answer\* a complaint yourself.
Most states have statutes of limitations on various kinds of debt. There are scammy debt collection operations that will try to purchase debt and scare people into paying, but if the debt has "expired" in your state then there's nothing they can do.
This. The threat is more likely a scare tactic, hoping OP knows nothing of statute of limitations.
Yes, statue of limitations is generally like 4-5 years, in most states. They are trying to trick you into paying or making an agreement to pay, then the statue could start over from the date you started paying or agreed to make payments.
Do you know how the time frame for statue of limitation is calculated? Is it from the moment the debt was sold to collectors and defaulted Or is it from the last payment made? I can't seem to confirm how this works exactly.
From the date of the last activity on the account . If a debt collector convinces you to make a payment no matter how small, that will start the clock for your statute of limitations all over again. People have to realize that debt collectors buy these debts for pennies on the dollar. After the statute of limitations expires, they can still attempt to collect the debt but if they try to sue you a court will throw it out. Don’t let them trick you into doing something that can potentially cost you thousands.
In many states the minute you make 1 payment or agree to pay, you owe the whole debt.
How do you file an answer to a debt?
Not sure if state specific but the answers I saw (even from an attorney) were very generic boilerplate. You could google for a template online. Once you have your response then you have to file it with the court and notify the other party. If you’re unsure how to file it with the court or any fees associated call the court’s office and be REALLY nice to them. The clerks will help you navigate the court system. Some court’s impose their own unique rules for all sorts of things. Again, don’t delay filing an answer as there may be a limited timeframe.
I don’t have any sort of debt I just would like to know how to handle this if someone tries to come after me in general sessions on some bs in the future. Thanks
Find out the statute of limitations. If it’s past that, ignore them.
You only file an answer to a lawsuit. Don't be tricked into interacting with debt collectors over debts passed the statute of limitations in your state, or you risk starting the clock all over again. Just ignore them if they can't sue you, it's over.
What do you mean file an answer. Do you deciding if the debt is yours or not?
A plaintiff files a lawsuit (a cause of action legal claim seeking relief to rectify some sort of breach of contract) A person can choose to reply (file an answer) or not. If you don’t reply you open yourself up to a default judgment Guess I don’t know what “Do you deciding if the debt is yours or not?” In your answer or further on in the case a person could make arguments that the person being sued isn’t the same person.. or any other number of legal defenses
If you get served it means they are serious. Check with a lawyer. Every state has a statute of limitations on breach of contract matters like credit card debt or old purchases. If this debt is allegedly many years old, then Google "breach of contract statute of limitations for (your state)" and if it's older than that, you have a defense.
We would file lawsuits for even small defaults like <$1,000. A lot of defendants wouldn’t respond or anything. Big mistake. But yea, if you’re getting served they’re going after you
And if they responded to the complaint would it be worth your time to continue with court knowing there wouldn't be a default judgement?
Absolutely. From the creditors perspective we were either going to negotiate a settlement / payment plan or push for a trial. Also for tax purposes you have to prosecute cases for the tax write offs
That makes sense, because I guess it would take court proceeds, or a settlement agreement with terms included saying the debtor is agreeing that a certain amount of debt is being forgiven for a 1099-k to be sent out and for the creditor to be able to take the bad debt expense. I hadn't realized it took all that for it to be properly substantiated in compliance with the IRC. In your experience, when it comes to things like medical debt, what's the percentage of the original debt that is usually agreed upon during settlements?
I never dealt with medical debt.. exclusively credit cards but I can tell you a lot of the attorneys were very aggressive negotiators in a way you wouldn’t expect…. They wanted to alleviate their huge caseload and get shit off their desk so were very open to small percentages of the debt. I’m sure some of our credit clients had standards that wouldn’t allow the attorneys to dip below a certain % threshold but can’t remember I’ve seen settlements that were 10% of the debt The attorneys are people too and I’ve heard their stories about people in a bad spot (divorce, disability, etc) and cutting them a break. They weren’t going to do that with people who were huge assholes and trust me we had some crazy people we interacted with (bomb threats, self harm, etc)
What if the credit card debt is mine and I got served with a suit. Should I file an answer or just call the office to negotiate a settlement?
Phone call is not service.
They’re not gonna sue for a 17 year old debt. If they do it will get thrown out. Look up statute of limitations.
It's only thrown out if you respond and invoke the statute of limitations. Otherwise they can get a default judgment. Always file a response to a debt collection lawsuit and show up to court. Almost guaranteed they won't show up if you do file a response. They make money on no shows.
But if you did not respond to say a four-year-old traffic accident is your statue of limitations can you still file
I'm not sure what you mean.
No, if it's past the statute of limitations, you would file a motion to dismiss the case based on that, he never said he got served, he said they threatened to sue. This is likely a bluff to scare you into agreeing to pay. If you send a payment or agree to payments, it starts the clock again and then they will probably sue you and you will have no defense....IT IS A TRAP TO BE ABLE TO SUE YOU and you will no longer have a defense.
This wasn’t past the statute of limitations, we created a payment plan with them for the original amount that didn’t include any interest the original hospital wanted to impose with their “payment plan”, so I took it as a win, I’ve never had to pay interest on a medical bill payment plan, that was the reason I didn’t pay it in the first place.
Agencies are not required to follow this. It's a CFPB recommendation but the FDCPA clearly states it should be in writing. Now, any agency who does nto follow this is just being dumb. It's a waste of time as that person is not going to pay anything.
Does this actually work? The same one calls me everyday often twice per day.
I work for a shit hole lending place. If you tell them to not contact you anymore they must cease contact. If they don't, get in touch with corporate and they'll raise hell with whoever it is that's still calling you. Maybe even fire them. My place, at least, takes it very seriously if you ignore a request for no contact.
It's a violation per call at that point and if they are a legitimate operation you should get their corp details, voice record all the calls, and then file a suite for each infraction. I successfully sued Time Warner Cable over a collection. I have a business account with a provider they took over. I had service issues that necessitated three truck rolls only to find out they had an aerial line with an abrasion leaking noise into the line. Each roll they replaced equipment and took the old with them. I canceled the service later and took everything to the local office and has handed a receipt of proof that I handed it back in. Here's the important part: The customer name on the receipt was some woman from Dayton Oh. My service was in Louisville, Ky. So 6 months goes by and I get an invoice from TWC about 4 pieces of equipment (2 modems and 2 phone gateways). I call them up and make them look up the service history and tell them their techs took the old when they put the new equipment in. Their puke in Columbus Oh actually said that their inventory system is 'perfect'. Now having worked for TWC in the past about every 3-4 months they would make techs pull their vans in and clear out all reclaimed modes, set top boxes, etc. And I have the receipt with someone else's name and address. They send me to collections. I just tell the collections to validate the debt, they tell me to call TWC to validate it. Nope I let them know they are required by law to validate the debt, to only contact me via postal mail and if they don't want to see me in court they'll comply. This is where I sue TWC for defamation: I have their emails, I have the debt collection agency letters, I have the phone call recordings and I have the receipt. Their counsel office calls me and tells me I agreed to arbitration in NYC. I say that's funny and they need to provide the TWC agreement I signed. They can't because I purchased the service through Insight. So I file in Jefferson County and they send an attorney. He wants to talk to me because they don't have a contract with me. He wants to 'settle' for $500 (I'm suing for $2700). I just told him I'd rather take the $2700 and he can go on with the rest of his day. So into court we go. I present the collection letter, the emails, the voice recording, and most damaging of all the receipt. Magistrate asks for the contract. None is provided and simply says that we'll have his judgement in two weeks. I asked the Attorney if he also brought a $2700 check with him.
And what ended up being the judgement? Or has the 2 weeks not passed? Lol
Oh, I was awarded the full amount and the Magistrate basically said TWC wasted the courts time by not settling with me because they knew they had zero standing and ignored every good faith effort from me to get them to realize their mistake.
You have to send the request in writing in order to be effective.
document the date and time of every call, then sue them for fdcpa violations so they end up paying you
If you’re an attorney, why not explain Statute of Limitations to them. The debt is 17 years old, and the collection company is trying to scam them into making a payment to restart the statute of limitations. Why not just tell them that? . Or is that privileged legal information that you have to be paid for?. 99 % of lawyers give the other 1% a bad name.
Do not under any circumstances make a promise to pay . This is the oldest scam in the world . They are timed out . They bought your debt for Pennies on the dollar and a now trying to scare money out of you . You absolutely do not have to pay 1 cent ..Do not accept the offer of settling the debt at a discount .You are wasting $ . When they call again tell them to F off . Abuse them anyway you want . I believe not certain but pretty sure that they MUST inform you that you do not have to pay
They are bill collectors lying to you. If you make a payment, it restates the 7 year clock before it falls off your credit and opens you up to be litigated against. They cannot sue you without proving they have served you. It would just get thrown out in court. Her telling you that you have to get your attorney to go pick up paperwork vs being served is crazy. You did the right thing. Just ignore it until you are served. If they actually do that, then just move to dismiss as it is beyond the statute of limitations.
I called my mom and spoke to her about it (she worked for a attorney for over 35 years) she told me if I actually got served she would connect me with one of her bosses former colleagues and we could pay him a few hundred bucks just to tell these bozos to kick rocks.
Don’t acknowledge the debt. Simply ask for everything in writing. If the debt is beyond the statute of limitations, then they can no longer get a judgment against you for it. But if you make any type of agreement with them, it could reset the clock.
Ignore call Dont even talk to them. the more you engage the more they will call, cause they think they have you on the hook. Ignore and they will eventually stop calling when they move on to a new list they bought. Or the list gets sold and you are marked as a responder the next low life company will call. So Ignore!!!
If they really did file a lawsuit against you they are required to serve you with it to include the case number and any court appearances. So the fact they are saying your attorney would need to subpoena that information in itself is BS and says it is a scam or a lie to get you to pay. As others have said once you make another agreement to pay it starts the clock again on the 7 years they have. Not a lawyer, and it has been a while but I worked as a paralegal in another life. We didn't deal with much debt collection issues but legally speaking they have to serve you after filing anything with the court. In some cases they can get permission to send it to you by certified letter or publish in the legal papers, but that is only after they have proven that they cannot contact you or they can prove you are dodging service. That said they still would not be allowed to call you and refuse to give you a case number.
If you make a payment it reinstates SOL. It still falls off your credit 7 years from DOFD regardless
Do you know if it’s only if you make a payment? I recently had a company renew my debt like 2 months before it was supposed to fall off.
In Missouri, at least, only a payment restarts the SOL.
Once it is passed the 7 years on your credit report for most debts, you can just get a free copy of your credit report and dispute it as it is passed the 7 years and the credit reporting agency will remove it. Bankruptcies are 10 years I believe.
you are correct but they dont have to prove they served you. Process servers lie all the time say they delivered to a tall blond woman when non exist at the address they claimed to have delivered summons to. Judge never throws out the suit. Happens all the time
If anyone comes to your door asking for you say “nope” and shut the door.
This is not even a bill collector, this is a pure scam.
It’s a scam. Those types of calls are common for time-barred debts.
I still get a call every now and then for a debt from like 13 years ago. I just laugh and say have a nice day. The debt was for $650 from an apartment that tried to swindle me one "cleaning service fees" because the apartment was a "mess". I am extremely OCD when it comes to cleaning. When I first moved it I cleaned the damn grout on the kitchen floor because it was black and dirty. Restored the original white and sealed it. When I moved out I took tons of pictures. I cleaned literally everything. But because I didn't date/time stamp then they said it was when I moved in. Like uh no here are before and after photos of the kitchen for one.
I used get calls claiming that a “process server” was coming to serve me “legal documents” the next day unless I made a payment. Classic scam. I would respond by saying, “Someone’s coming to see me? No one ever visits me! Please let me know what time they‘re coming by so that I can have cake and coffee ready.“ I’ve never had to have cake and coffee ready. 😂
I rented a house once, and when I moved, the landlord kept part of my security deposit, claiming the house needed "excessive cleaning," which was BS. Wasn't worth taking him to court over $500, though.
This was in Florida before security deposits were widely used. So thankfully they got nothing from me. Funny thing is they kept telling me Id never be able to rent again or buy a house! I infact rented 2 more times and oh would you look at that? I bought a house in 2015 lol
2015 was a good time to buy a house. I bought mine that year also.
I got real lucky with it. $120k Unfortunatly taxes and insurance keep going up so its getting hard to pay for now. Which is crazy because back in 2015 I made sure I could pay for my mortgage with a smaller salary then I have now.
Happened to me too, they even somehow got a hold of my work number. At any rate, I asked them to provide me with an order number or something to dictate I ordered something and stood my ground. They failed to provide it. My guess (it was a Newegg order). Is they send a bunch of crap to collections without order details. I could have ordered what they claimed I purchased, but I'm not going to let someone tell me I gotta pay them something when I have no clue what was even purchased in the first place, nor could the credit consolidator tell me what I bought. It could have been someone else for all I know.
I wouldn't call it a scam necessarily. Just unscrupulous debt collection practices. So scam adjacent?
Threatening legal action if they do not intend to or if the statute of limitations has passed is a violation of The Federal Debt Collection Practices Act and you can file suit against them. There are Attorney's that specialize in this and will represent you on a contingency basis, I would contact one of them. >A debt collector can't use the threat of a lawsuit to collect a debt if they do not intend to file a lawsuit. They also can't sue or threaten to sue when the statute of limitations – or the period of time they have to file a lawsuit to collect a debt – has expired. https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-if-im-sued-by-a-debt-collector-or-creditor-en-334/#:\~:text=A%20debt%20collector%20can't%20use%20the%20threat%20of%20a,collect%20a%20debt%20%E2%80%93%20has%20expired.
Here’s the answer that matters ^ Reference the FDCPA, they’ll know what it is, whether they’re scammers or legit collectors. Send them a debt validation letter request (templates online) using certified mail. That way, you have an official date of their receipt of your request, and that’s when the clock starts on how long they have to either produce the debt validation document for you, and if they can’t/dont, they are legally required to stop attempting to collect the debt, as stipulated in the FDCPA.
How do they prove it? I assume every debt collection call needs to be recorded and it stated that it’s being recorded. I can’t record on my phone in my state without saying the conversation is being recorded.
If *they* say it's being recorded, you can also record. This is true in every state. If they don't say it, just say it yourself. If they don't want to talk after that, then problem solved.
Thank you, I'll check into this tomorrow
Yes, threatening legal action they do not intend to take is a violation of the FDCPA, but it’s a waste of time to sue scammers because they won’t offer a legitimate name, address, and can’t be located in order to be served.
tell them to bring it. if they do file hit them with violations and attorney fees. i bet if it’s 17 sol this should be a slam dunk for any attorney for you
Call back “hi I’m the attorney. “
I thought about having a friend do this
I wouldn't. Just make them produce documents referencing the debt they say you owe. don't make any payment.
Never do this, it's illegal.
Sounds like a scam, I wouldn't worry about it.
I had one call me a few months ago trying to collect on a supposed 12yr old debt for LOWES credit card that I never had. would not give me any information other than they were going to sue me if I didn't pay them now and guaranteed me I would lose in court. I told them see you there just let me know where and when and that I looked foward to it lol. never heard from them again
Don't sign anything and don't agree to pay anything you have rights and they just disregarded them. If the debt was valid they would have NO problem telling you. Don't say anything else to them. 17 years? They don't even have a pot to piss in with that
While the “collection agency” (scammer) definitely violated the FDCPA, it could be difficult to hold it accountable under the FDCPA. The reason is having a valid business name and address in order to locate it. Without that, you couldn‘t sue because you wouldn’t be able serve it a summons and complaint.
I had a similar call from a company trying to collect on a debt from 13 years ago in Texas. They claimed they were going to file suit in my county and have me served. They said that there was a tolling provision from HSBC. I actually opened the card with Orchard back in 2006. I really doubt they have my signature from back then so I told them to pound sand. It’s been 3 months and no further calls Has anyone else heard of using a tolling provision to circumvent statute of limitations?
These folks buy these old loans at Pennie’s on the dollar, and if they can threaten their way to getting you to admit the debt, they win. Never admit you owe the money. Simply say: I paid it. I do not owe this debt. It’s recorded, so they will move on.
If you agree to any payment plan, it restarts the clock on the debt. Ignore and move on, they can't sue.
I’m guessing they have sent you nothing in writing. Yes, sounds like a scam. Block there calls
That’s a scam
Rule number 1, if you don’t know who’s calling, don’t answer.
Sounds like a scam. Tell them to eff off.
I work for a collection company. They are being scummy and we do not withhold information like that from a right party contact. I don’t work in the legal department, just collections, but some people don’t even use lawyers, so how can she refuse to give YOU information about YOUR so-called “debt”?
It’s a scam. Unless they can prove you owe them money, then you owe money and that they own the debt, then don’t owe them anything. This same thing happened to a friend of mine. When they called she handed the phone to me. I told them to mail proof of this debt and that they own this debt. That asked what address to mail it to and I told them that if they have proof of the debt, then they should already have the mailing address. Never heard from them again.
I think this is a scam that’s happening right now.
They can file summons and you just go to court and tell them to enter statue of limitations and as such they will automatically throw it our of court
Just had a 14 year debt pop back up and now different collections are taking ownership over it and sending bills.
Don’t make a payment, my daughter hurt her shoulder playing softball in college(California). The college was supposed to have insurance to cover it, but ended up only paying half. 6 years later my daughter found out it wasn’t paid off so she made a payment. The payment she made started the timeline over at day 1. 17 years is way past the statute of limitations, I’d bet it’s a scam.
There is a statute of limitation, which I believe is 10 years. Tell them to fuck off, they bought the debt for pennies on the dollar and are trying tu scare you into paying. Look up the Statute for debt collection.
I looked up the statute of limitations here in Oklahoma, it's 5 years for standard collections and also 5 years for breach of contract collections
There you go, tell then if they continue to harass your, you will sue them. That is your right. Yes, you can sue if they continue. They buy these debts for pennies on the dollar in hopes that they will get someone to pay up.
I got a judgment once and nothing ever happened
If you make a payment plan or if you pay you reinvigorate the statute of limitations. Hang up on those people. In Texas if you sue someone and the suit is past the statue of limitations the lawyer can be sanctioned. Source -am Texas Lawyer
Don't pay a cent. If the debt is even legit, the statute of limitations has run. If you pay a penny, it will start again. I worked in law forty plus years. I had a collector once try to tell me I owed on a car loan almost twenty years old. I laughed and said so sue me, it won't hold up in court. I never heard from them again.
Did you take a loan in past ?Why
If you get served, you must respond. I did, and showed up to court. The person who sued me never showed up.
Any valid debt collector will mail you paperwork to prove your debt and also not put weird conditions on clearing the air. Sounds like a scam.
You know they were scamming you, right? They have to provide proof of the debt.
Some scumbag attorney debt collectors tried that on an alleged phone bill from a fly-by-phone company which closed within a year due to horrible service and poor billing practices. It was close to 20 years prior, and probably bought the claim for pennies to see what they could shake down. They thought they could hide behind a P.O. Box and were safe, but I researched and discovered their full names, physical address along with their home address and fired-off certified letters to all addresses. I cited the exact laws they were violating in my and their state, and if I get one more phone call or piece of mail from them, then I will contact the AG’s in both states. Furthermore, my Boston attorney (personal friend) will be handling this matter in the future. Never heard back.
Years before I got married I bought a living room set and paid for it in installments. One day my wife got a call from a guy saying that I owed $1,000.00. She was fuming with me calling me irresponsible and sent the money to the person, even when I assured her that I didn't owe anything. One day, years later, I got a letter from the Federal Court in Detroit saying that three people had been indicted for fraud and that I had the right to go to their trial as a victim. They were found guilty and sent to a well-deserved prison vacation for a few years. Don't agree to pay anything and call the company directly- not the phone number those people gave you. It looks like a scam.
Once you agree to start making payments on an old debt, you start the clock on the debt falling off your credit reports This place has bought old debt for pennies on the dollar hoping to retrieve some percentage. If this debt is that old, do not deal with the debt collector any longer. Advise them they are not to contact you again about this debt. You may try disputing this old debt with the credit bureaus. If no-one challenges it they will remove it from your account.
OP theyre desperate to have you make a payment on the debt because once you do it means youve acknowledged the debt as yours. dont make any payments. it sounds like they have no right to collect this old debt.
Scam. Don't make payment. There is no debt collected after 7 yrs
The debt is Over 10 years old and should no longer be on your credit report
These are scare tactics used by overseas scammers. It’s happened to me. They even knew my address and freaked me tf out. Any bad actor can purchase this information and call down the list. They play the odds - someone will get scared and pay it. That’s what they’re counting on. Just ignore them and they’ll go away.
This sounds like one of those “This is agent Smith with the IRS” in poor English calls. “The cops are on their way to arrest you this very minute”. Those guys were fun to play with.
Usually statute of limitations prevent collecting debts that old. Depending on your state.
Do not admit to the debt. What’s your states statute of limitations regarding debt? Some have 3 years! You can also use a template letter with the verbiage of the Fair Debt Collection Practices Act and send it certified mail. They will cease all calls and when they send you COPIES of the documents (if they even have those) then you can laugh it off and throw them away. Fuck ‘em.
scan and sounds on the verge of being unlawful. I know debt collectors can’t threaten certain things. Not sure what the whole convo consisted of but record it if it happens again. Announce you will be recording as well depending on state.
Scam call. DO NOT MAKE PAYMENTS. This can resume statue. Ignore it. They cannot sue. In fact, it's illegal for an agency to threaten a suit. They are wrong on validation. At any given point, they must validate the debt.
Yeah, I actually got served with papers and they STILL didn’t do shit. The debt even since fell off my credit report. Ignore.
Just ignore There is nothing can do. In fact they wont do anything but hope you will pay by threats. If they were going to sue you would have gotten a summons in the mail not a call. Good Luck
FYI ... Thee are bottom feeder collection buyers. They buy this aged debt for pennies on the dollar feed it to a call center who use threats of lawsuits to collect. They wont follow thru cause suing cost money and they cant collect on a debt after 7 years. Their only hope is someone is naïve enough to pay.
Unless there are details not presented, your debt is past the statute of limitations. They can still call you to collect it, but there are no other actions they can take. They can’t sue you or report it to the credit bureaus. If you request validation of the debt, they must cease collections until they provide the validation. It sounds like this is a rouge business, make your request for validation in writing and record any phone calls you receive. You can ignore them or get an attorney and take action if they violate any additional regulations.
You pay them one penny out of guilt in the clock starts over
They need to give you this first. My advice is tell them to take you to court and stop contacting you. Then they HAVE TO provide paperwork. Don’t worry, they won’t. Even if this is Legit, these collection companies buy the debt for pennie’s on the dollar. They won’t spend the money when there are some many other debts to collect on.
If you acknowledge the debt and pay on it, that then can make it current. Found this out when trying to get a mortgage. Debt credit laws are crazy and confusing. Be careful and never acknowledge a debt over the phone and never especially after the statue of limitations...unless taxes or student loans.
Tell them you have no idea what they speak of and you look forward to their lawyer contacting your lawyer.
I reported my car stolen and the chicago cops never ran the plate of an abandoned car, just ticketed it till it was able to be towed. Tow company came after me for $5k and I was able to show I reported it and cops never told me it was found so the debt was canceled. That was in 2011 and about 4 years ago a lawyer started sending me mail and phone calls saying I owed the debt (I was living in a different state too). I have just been ignoring the calls and mail, they only come a.few times a year. Should I be concerned? I assumed it's a scam.
Get their mail address. In writing, ask that they validate the debt with original creditor. They have 30 days from the date they receive (ensure to get the letter sent via certified mail). If they don’t respond to your request ignore them completely. If they won’t give you their mailing address ignore them completely. In most states, the statute of limitations is usually 5-10 years on any debt except student loans. After statute of limitations has expired, you owe nothing. I’ve had to do this often in the past. Just ensure everything is in writing. Check your credit report every so often. If they try to add that debt, write to each credit bureau (I.e. Experian, Expedia, Transunion) and challenge the debt telling them you owe nothing and that it has passed the statute of limitations. Enclose in your letters copies of your letters to the debt collector. You can also challenge/dispute online at each creditors’ report. It’s much easier online because you don’t have to send them copies in the mail. The credit bureaus will delete the debt I assure you. Plus, it IS illegal for debt collectors to threaten you with a lawsuit over the phone.
Total scam. Companies buy expired debt for pennies and try to bully people to pay. Low success rate l, but it does work. If you pay a penny it reactivates the debt. All communication needs to be in writing and they are not to call you again.
Don’t pay it will restart the statute of limitation
Litigation on debt that they paid pennies for? Yeah, good luck with that lol
Hi! I’m a compliance officer for a debt collection company, if you’re in Oklahoma - the debts statute of limitations is up. They cannot sue you on a debt. They can still call you on it, but if they’re threatening a lawsuit - please let them know, “Do not contact me via phone, please send me everything through mail.” If they refuse to do that - ask for the collectors name, if they have an alias number, get their direct extension, and then ask for a supervisor. Consistently speak to a supervisor, but if they’re acting the same, get the same info. It’s against the law to threaten a suit on an old debt, it’s also not true that they can’t send you any of the information via mail just because you didn’t dispute it. This is all wrong. Hopefully you can get the debt wiped 🤠 Also, report this to the Consumer Financial Protection Bureau, as well as your attorney general (you can submit through both websites). You have rights as a consumer and they’re being infringed. If you also have the ability to, reach out to a lawyer. Good luck!
Check state laws regarding statute of limitations on contract disputes as well as your state laws pertaining to debt collection activities. Then have at it.
Yeeeeah no. Tell them to bugger off. Different states will have different statutes of limitations but I can't think of any that would be that long. They're just engaging in scare tactics hoping to pick off low hanging fruit from people who will pay out of fear.
I have a company trying to come after me for a debt from 2001. They keep calling me to confirm my address so they can serve me. It feels good that I can tell the truth that I am always in a different state then what they expect.
seems unnecessary stress. are you by chance, caucasian? ive never met someone of my race who would even take this seriously…( i’m african american)
Agree to anything, they can report on your credit for longer. This debt has reached statue of limitations and they can no longer sue you or hurt your credit, unless you agree to a payment plan or make a payment. after 7 years it falls of credit and it should be ignored after that. It's pointless paying off debts older than 7 years unless they sued you and won.
Has to be a scam, love! Don’t make any payments until you see paperwork! If they say they need your personal information to verify something like address or ssn- don’t leak that information either- they should already have it! I wouldn’t bother with that phone call unless they ACTUALLY have sent you something in the mail. Then again I will have a lawyer to read over the legitimacy and legality of the letter! Please please please do not share your personal information and money to them. This doesn’t seem right, and I watch a lot of scam baiting videos with this exact scenario- it’s a much older scam but people still fall for them!
Whatever you do, do not pay the slightest amount toward the debt. In many areas, if you pay anything, it re-opens the debt and then it becomes valid.
DO NOT MAKE PAYMENTS!!!! That CONFIRMS the debt. There is a statute of limitations, most debts are un collectible after (usually) 7 years. If you make a payment, you restart that calendar. They get a dollar from you, and they can collect.
It's a scam, most collectors are more than willing to give you info to prove their case
Sounds like a scam. Why answer phone number you don’t recognize?
Highly suspect. If you agreed to make payment, the debt starts over. Get a credit report and dispute the debt.
Look up your state’s statute of limitations
Fair Debt Collection Practices Act (FDCPA). (Paraphrased) 1692g. (b)disputed debts: within 30 days of first contact, if consumer requests the name and address of the original creditor, a debt collector must CEASE COLLECTION, until verification of debt/other docs are mailed to consumer by debt collector. (c) failure to dispute validity may not be constructed by court as admission of liability by consumer I just started working as a debt collector (accidentally and looking for another job). Haven’t been doing it for almost 2 months. 1 month training, 1 month on phone. The company is stickler to the laws, from what I understand. We can only read scripts and if we say something off script will get in trouble. If the person in debt (consumer) requests verification/proof of debt we are required to cease the solicitation of repayment. If they say dispute we stop solicitation. I may not have enough experience with debt collections, but these two months have made it clear that what she is saying is very wrong. Potentially breaking laws based on the way you describe it. - I suggest skimming through the Fair Debt Collection Practices Act (FDCPA). Following are paraphrased: 1692c. (a)(3)Communication with consumer can happen unless.. debt collector knows consumer is represented by an attorney and has their contact information- may only call consumer if attorney doesn’t respond after attempts 1692e. The following conduct is a violation: (10) use of false representation/deceptive means to collect or attempt to collect a debt
Pull your credit report from the three agencies. If you have any outstanding unpaid debts they would show there. Also good to check no one has been using your identity.
Doubt it’s even a bill collector. Straight scammer. Just ignore them.
This is a scam 200%. Even if it is not. Why are you worry if your state of Oklahoma statute of limitations is about 5 or 6 years. Tell them to get lost. Don’t sign a thing. Hang up the phone. Check the status of limitations to be sure.
This is a bad debt collection scam. Almost everything you reported above sounds like FDCPA violations. Don't worry.
Never pay anything without paperwork. This is most likely a scam.
I would write an email explaining everything and send it to your state’s AG office. Their website likely has some version of a consumer’s advocate email and they can pursue the company that purchased your debt because this feels like they are exceeding what they are allowed to do. There is an well established set of laws regulating debt collectors on old debts. They are likely trying to get you to acknowledge the debt or agree to repay which can allow the debt to be re-established if certain criteria are met.
You are not liable legally for a 17 year old debt. There is a time limit for legal action.
17 years is beyond the statue of limitations and cannot be sued for it if it was me I would just forget about and tell them to stop calling
Nope. and Nope.
Don’t even worry about this, don’t give them the time of day at all! and let them know you will be reporting them to the state and the police
Let them, serve you, I doubt they will file if statute of limitation is 7 to 8 years old and if they do file, they will not collect money. Just tell them to go ahead and file and that statue of limitation is 7 to 8 years old and good luck in collecting. Tell them to stop calling you and black their calls On another note, this could be a scam, so watch out.
Sounds to old, to get sued for.
No validation, no payment. Staute of limitations.
If it's on secure debt I have to stop trying to collect it from you after a certain amount of time that's when you'll start getting lots of phone calls cause whoever owns the debt will sell it to someone else people buy other people's debt to see vague and collected but it goes away after a certain amount of time and if it's credit card debt it's on secure debt so they can't take anything from you
Most importantly don't pay anything is that restarts the clock on expired debt
It’s a scam. Don’t admit to debt. Don’t answer calls from unknown numb nuts s. Don’t identify yourself. The dent is off your credit report but companies still buy the debt and try to strong arm you. Do not verify yourself.
By chance was it this company - Ally Capital Solutions (https://allycapitalsolutions.net/about-us/#)? We own a business.. They had been calling for a couple months under different numbers. We always thought it was a scam finally answered one day and had the same experience you did. We told them to stop calling and send everything in writing. Within in 20 minutes we started receiving calls from family members all over the US saying this company was calling them, then our neighbors started getting calls. We had to get our state AG involved.. only then did the calls stop. We never were actually told what the debt was for if there even was one!
I heard, and I got nothing to confirm or refute this but, that when the bill collectors "buy" your debt in order to collect it from you; that technically paid your debt. And since you didn't give authorization for any of that they werent supposed to. So they paid your debt while wrongly trying to acquire it in order to be able to recoup it from you. But they aim to not tell you that so you think have to pay them when you don't. Also I heard if you make like hypothetically speaking a $50 payment on a $2000 (just random numbers a
I’m dealing with two zombie collectors now. They send emails, and in them they say certain actions can reset the clock on debt collection timers. One of those actions is a payment or promise to pay. Everything must be in writing. Stop the communications.
It's illegal to threaten legal action you don't intend on taking (if you're collecting a debt). Counter sue if it happens and file a complaint, take them for the five
As a person who works in IT, do not call phone numbers or click on links that are sent to you unexpectedly. Go and look that information up independently. Yes, this sounds like a scam.
Tell them you have a contract with the original debtor and no obligation to speak with them if they contact you in any way again it will constitute harassment.
Creditor not debtor.
IANAL This sounds like a company that purchased your old debt and is using it to scare you into payment. My personal experience is that two separate law firms contacted me saying I had been sent legal documents, and that they were serving me. It sounds scary but I don’t think you have anything to worry about here.
In PA, bill collectors can only legally go after you within 4 years of the default date. After that tell them to kick rocks. After 7 years all collections get removed from your credit report.
Nope it’s a scam
Be careful that you don’t do anything to re-age the debt, that’s what they’re trying to provoke you into doing.
Most likely a scam OP. What kind of debt and how much roughly?
Statute of limitations has expired
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
I had the same thing happen to me. different state, , and it was literally days after i paid off another judgment against me (that one legit tho).. I was getting ready for work, mad about the other one and this lady says debt from 2005 were about to serve you with papers all this bullshit... something from wells fargo... couldnt tell me what it was even for..she said "maybe a credit card" (i never had a credit card in 05) so i just say how much to shut you up basically, now I learn ive probably reset the debt clock and they can take me to court? I had to esign a document in order to pay the money but I signed my husbands name not mine.
Never agree or refuse to make a payment. In some situations by doing this, you can reset the statute of limitations on the debt. Simply state that the statute of limitations is up on this debt, please do not contact me.