Complaint Review: Portfolio Recovery Associates - Norfolk Virginia

First, DO NOT fill out any forms that they send to you. This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying. Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. 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. ========================== * DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name. ========================= If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act. Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.

If the debt is *12 years old*, regardless if it's yours or not, really, it is well beyond the 6 year statute of limitations under the Fair Debt Collection Act. Generally, if a collection agency is trying to scam you (because that's really what it is) for an ancient debt, you need to do the following: 1) Get the name and/or employee number of the person who is contacting you to get you to pay the debt, and get the physical mailing address of the collection agency. By law, they must provide this information if requested. Inform them that if said information is not provided, that further conversation is impossible. Be firm but POLITE. 2) Inform the caller that they are violating the Fair Debt Collection Act, and that you expect no further calls from them. Civilly end the conversation or simply hang up. 3) Generate a cease and desist letter, as per Robert's post. These letters are easy to find via Google. Send the letter via REGISTERED mail with return receipt required (the collection agency has to sign for it). Any communications from the agency after they have acknowledged receipt of the registered mail is considered harassment and can be subject to further legal action. Remember your rights when it comes to dealing with collection agencies. They *do* have a code of conduct that they have to abide by when contacting you: - They are not allowed to be abusive or use foul language (or yell at you). - They are prohibited from calling your home after 7pm. - They are forbidden to call you at your place of employ. - They cannot impersonate any federal or local law enforcement personnel - They cannot threaten to take your possessions (car, home furnishings) Finally (and many people do not realize this), you are NOT legally obligated to enter into any negotiations with a 3rd party bill collection agency. You have the right to declare that you will only deal with the *original creditor*. They have no legal power to make you negotiate with them. Remember, however, that you have to play your part in being firm, keeping a cool head and insisting on your rights. These "debt terrorists" depend on your account to make their money and will often bend or outright break the rules to "get to you", hoping that you don't know this information. Once they know that they're dealing with someone who knows the game, they tend to become much more compliant. Hope this helps.

Nothing, nada, no way, no how. If it was your debt and it is out of the Statute of Limitations, they cannot legally collect it. If it is NOT your debt, they have to prove it belongs to you, which they will not be able to do. You have one of two options. Send them a cease communication letter (otherwise known as a FOAD - F**k off and die) stating they are not to communicate with you again regarding this debt. Second option (and in this case I would NOT recommend this, but if you want to play with them, go ahead) is to demand validation. They cannot attempt to collect until they validate, and since they probably cannot validate they will go away. You can find both letters online. You can also go to debt-consolidation-credit-repair-service.com/forums/ and get tons of information regarding junk debt buyers (such as NCO) and how to make them go away. Enjoy!

Nothing, nada, no way, no how. If it was your debt and it is out of the Statute of Limitations, they cannot legally collect it. If it is NOT your debt, they have to prove it belongs to you, which they will not be able to do. You have one of two options. Send them a cease communication letter (otherwise known as a FOAD - F**k off and die) stating they are not to communicate with you again regarding this debt. Second option (and in this case I would NOT recommend this, but if you want to play with them, go ahead) is to demand validation. They cannot attempt to collect until they validate, and since they probably cannot validate they will go away. You can find both letters online. You can also go to debt-consolidation-credit-repair-service.com/forums/ and get tons of information regarding junk debt buyers (such as NCO) and how to make them go away. Enjoy!

Nothing, nada, no way, no how. If it was your debt and it is out of the Statute of Limitations, they cannot legally collect it. If it is NOT your debt, they have to prove it belongs to you, which they will not be able to do. You have one of two options. Send them a cease communication letter (otherwise known as a FOAD - F**k off and die) stating they are not to communicate with you again regarding this debt. Second option (and in this case I would NOT recommend this, but if you want to play with them, go ahead) is to demand validation. They cannot attempt to collect until they validate, and since they probably cannot validate they will go away. You can find both letters online. You can also go to debt-consolidation-credit-repair-service.com/forums/ and get tons of information regarding junk debt buyers (such as NCO) and how to make them go away. Enjoy!

Nothing, nada, no way, no how. If it was your debt and it is out of the Statute of Limitations, they cannot legally collect it. If it is NOT your debt, they have to prove it belongs to you, which they will not be able to do. You have one of two options. Send them a cease communication letter (otherwise known as a FOAD - F**k off and die) stating they are not to communicate with you again regarding this debt. Second option (and in this case I would NOT recommend this, but if you want to play with them, go ahead) is to demand validation. They cannot attempt to collect until they validate, and since they probably cannot validate they will go away. You can find both letters online. You can also go to debt-consolidation-credit-repair-service.com/forums/ and get tons of information regarding junk debt buyers (such as NCO) and how to make them go away. Enjoy!