Closed vs. Open Collection Tradelines

[Anonymous]

Hopefully one of the veterans here can answer that question.  I'm not sure on that one.

[EAJuggalo]

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@Anonymous wrote:

So far your answers seem to be based on who owns the debt and who has permission from the owner to collect. My question would be - if the debt is Out of Statute for Suit in the debtor's State by Law, does all collection authority cease, as it is then totally uncollectable.

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They will continue to call not only after the SOL expires but even after the reporting period expires.  I still got calls 15 years after DOFD from PRA about a CapOne card I had when I was 19.  I've even offered to settle it for the original amount of the card on numerous occasions but they think they can get 600% interest from me. 

[Anonymous]

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@EAJuggalo wrote:

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@Anonymous wrote:

So far your answers seem to be based on who owns the debt and who has permission from the owner to collect. My question would be - if the debt is Out of Statute for Suit in the debtor's State by Law, does all collection authority cease, as it is then totally uncollectable.

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They will continue to call not only after the SOL expires but even after the reporting period expires.  I still got calls 15 years after DOFD from PRA about a CapOne card I had when I was 19.  I've even offered to settle it for the original amount of the card on numerous occasions but they think they can get 600% interest from me. 

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They can call all they want, they just better behave when they do. Arizona is a 1-party State and I record all collection calls for playback to a Judge at Trial. I am the founder of Debtorboards and I know FDCPA and FCRA and I am always looking for violations (like misreporting) with which to haul them into Court over. Suing a creditor is best done when they lost the right to countersue through the expiration of SOL, and suing them makes them MUCH more agreeable to a settlement which will entail permanent removal of the TL.

[RobertEG]

A consumer has the right under FDCPA 805(c) to notify a debt collector to cease all communications.

That applies regardless of the SOL status.

If you have a debt that you wish to terminate continued collection calls, simply send the debt collector a cease communication letter under FDCPA 805(c).

Any communication thereafter will be a clear violation of the FDCPA.

[Anonymous]

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@RobertEG wrote:

A consumer has the right under FDCPA 805(c) to notify a debt collector to cease all communications.

That applies regardless of the SOL status.

If you have a debt that you wish to terminate continued collection calls, simply send the debt collector a cease communication letter under FDCPA 805(c).

Any communication thereafter will be a clear violation of the FDCPA.

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Now why would I want to prevent some stupid bill collector from putting his foot in his mouth and stop his emplyer from sending me a check for $1,000?

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[EAJuggalo]

Because some of us have small children that these knuckleheads seem to enjoy waking up.  

Robert, since I have moved I will wait until they contact me at my new house then hit them with a C&D.  It's PRA so it'll be done once I send that.