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New Contributor
JohnDoe12
Posts: 105
Registered: ‎02-01-2011
0

How dangerous are JDBs?

I have just been contacted by a JBD via usps. It is just a form letter asking me to settle a debt that is VERY old (10years at least). Obviously this is outside of the FCRA reporting period and my state's SOL. How dangerous could this organization potentially be?

 

I am worried that they will re-age the account when I start to apply for a mortgage. I have no records for this account because it's is so old, and if they choose to play dirty, I have no ammunition. How can I stop this before it progresses any further?

 

Is contacting me with such an old debt a violation of some statute?

 

Thanks,

JD12


Starting Score: EQ 660, TU 698 - 30-Jan-2011
Current Score: EQ 710, TU ?? - 02-March-2013
Goal Score: EQ 700, TU 720 30 - Jan 2011


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Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011
0

Re: How dangerous are JDBs?

Have you Opted Out?  If not, you should. 

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Moderator Emeritus
llecs
Posts: 32,869
Registered: ‎08-04-2007
0

Re: How dangerous are JDBs?

They can collect forever. If past CRTP and SOL, ignore them. They can't do anything.

 

Ditto to opting out.

Mega Contributor
RobertEG
Posts: 18,445
Registered: ‎03-19-2007
0

Re: How dangerous are JDBs?

+1

If you want to bar them from any further communication with you, just send them a cease further communication letter under FDCPA 805(c).  Send it CMRRR.  After date of their receipt of the letter, they are legally barred from further communication with you.

All you need say is "This is written notice to you under FDCPA 805(c) that you are to immediately cease all further communication with me regarding the identified debt."

Any communication with you after they receive your letter entitles you to damages of $1,000 per violation under FDCPA 813.

New Contributor
ikuomanero
Posts: 59
Registered: ‎09-18-2010
0

Re: How dangerous are JDBs?

Not to make you any more fearful, but your fears is exactly what happened to a friend of mine a few years ago.  A JDB placed a collection line in all three of his CR's just after he did the initial credit pull for his mortgage.  The debt was for an old Citibank card that was charged off back in 1995.  He did not notice the entry until the broker notified him of it after a second look into his CR's.

 

In the end, he did not close out fast enough so his dream house slipped through his fingers.  He got even with the JDB.

 

He sued the JDB under the:

 

1. FDCPA (for harassment, for threats to take action that they could not legally take, for toruious interference with a contract related to his earnest money, threats to place liens on his brother's property, and stress-induced loss of consortium with his wife)

2. TCPA (for calling him numerous time and teasing/harassing him over the debt...basically telling him that they have his head over the barrel for the mortgage)

3. FCRA (for failing to mark their lines as being "in dispute")

 

And since he is in Texas:

 

4. TFC 392 and BCC 17: same as above, plus lack of notice of collection intent as well as failing to cease collections after 30 days of failure to validate debt after receipt of DV

 

He asked for real damages equal to the value of the house he wanted (about $200k) plus some extra.  The JDB attempted to counter-sue for the amount of the debt, but my friend had their counter-suit tossed out easily.  In the end, he prevailed and eventually was able to get another house with the money he received.

 

JDB's are never to be feared of.  Don't let them mess with you.  If they play dirty, then get down in the gutters with them and make them pay.

New Contributor
JohnDoe12
Posts: 105
Registered: ‎02-01-2011
0

Re: How dangerous are JDBs?

3 questions about this:

 

1) What does opting out do for you? Is this so they can't see your score climb up and ding you?

 

2) To be honest. I think I settled this one ages ago (10+ years). I don't have any of the records any more, so I can't prove anything. Is there any way to trace this back to the OC and get the records. This is for a Discover card and Discover is listed as the OC. Since they contacted me more than 30 days ago, they are not required to validate the debt.

 

3) What's to stop an unscrupulous JDB and re-age this account, attempt to collect on an already paid debt,  or even fabricate debt all together? If a person ignores it, and the 30 days goes by the JDB doesn't have to validate the debt and could put a TL on your CR. One wouldn't have any records to dispute with (unless they saved them for 10 years) and CRA investigations of these people seem very minimal.


Starting Score: EQ 660, TU 698 - 30-Jan-2011
Current Score: EQ 710, TU ?? - 02-March-2013
Goal Score: EQ 700, TU 720 30 - Jan 2011


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New Contributor
ikuomanero
Posts: 59
Registered: ‎09-18-2010
0

Re: How dangerous are JDBs?

[ Edited ]

JohnDoe12 wrote:

3 questions about this:

 

1) What does opting out do for you? Is this so they can't see your score climb up and ding you?

 

2) To be honest. I think I settled this one ages ago (10+ years). I don't have any of the records any more, so I can't prove anything. Is there any way to trace this back to the OC and get the records. This is for a Discover card and Discover is listed as the OC. Since they contacted me more than 30 days ago, they are not required to validate the debt.

 

3) What's to stop an unscrupulous JDB and re-age this account, attempt to collect on an already paid debt,  or even fabricate debt all together? If a person ignores it, and the 30 days goes by the JDB doesn't have to validate the debt and could put a TL on your CR. One wouldn't have any records to dispute with (unless they saved them for 10 years) and CRA investigations of these people seem very minimal.


1. Opting out only prevents companies from running pre-screenings and JDB's from hard pulling your report.  Some JDB's will intentionally try to poison your report by doing multiple hard pulls to get your attention, so this is why you may want to opt-out.  Note that the JDB can still do a soft pull.

 

2. Most CC issuers are sloppy at their record keeping.  Discover and Capital 1 are the two banks who are not quite as sloppy, so you may as well take the chance and ask them if they have any information on you and if they can send it to you.

 

3. Nothing is going to stop a JDB from reaging, but this is where going militant on them works.  Do the 1-2 punch on them and the CRA's.  If done correctly, then you have them for violating the FCRA.  Use this as leverage to convince them to remove themselves from your report.


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