John
Louisville,#2Consumer Comment
Wed, July 20, 2011
Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up, which it has in your case..then they've lost the power to successfully take legal action and you don't have to pay the debt back. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:
Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
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If the debt collector calls you again, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act and hang up. Don't engage them in arguments. They have no legal power over you whatsoever so don't let them scare you with bogus threats. Example cease communications letter: http://www.budhibbs.com/cease_comm.htm
If they keep calling anyway, state the following to them:
Be advised that this call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practices Act violations in a court of law.
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If they really take you to court, just show up and state that the debt is past SOL and is time barred.
Jim
Millbrook,#3Consumer Comment
Tue, July 19, 2011
That's a sure win. ALWAYS SHOW UP.