protecting consumers
United States of America#2Consumer Suggestion
Wed, December 14, 2011
I know this is a bit late but let us know if you have this issue resolved. Here is some more information on the FDCPA and how you are protected.
http://www.protectingconsumerrights.com/debt-collection-problems/fair-debt-collection-practices-act/
Once you let us know the all of the details of the case, we will put together a case for you.
John
Louisville,#3Consumer Comment
Wed, March 17, 2010
If this account was discharged as part of your Chapter 7 filing, then they can't come after you....If it was not, they can....
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How to stop collection agency harassment for a debt that is not yours:
Send the collection agency a letter via Certified Mail + Return Receipt (do NOT use regular mail) stating:
Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. Receipt of this letter is officially being time stamped via Certified Mail. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations
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To speed things up, fax this same letter to the collection agency.
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, 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 Practice Act violations in a court of law.
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There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
If the number of years since you defaulted on this account and stopped making payments on it is greater than the number listed for your state, then they can no longer defeat you in any court