Possibility of a civil suit after 6+ years? SOL here is 3 years.

[CashBackQueen]

I was recently contacted by a random collection agency (didn't catch their name) who said I took out an online payday loan back in May of 2011 for $350 and that the original creditor is attempting to file a civil suit against me for over $900. I don't recognize the name of the original creditor, and even the collection company could not find an address for them. Also, they have inaccurate information on file so I'm questioning the legitimacy of these records. The SOL where I live is 3 years though. Is this just a "scare tactic"? Or can they really sue me after more than 6 years?

[RobertEG]

If the debt collector has contacted you regarding an alleged debt, that is considered an "initial communication with the consumer" under FDCPA 809(a), and triggers their requirment to send you a formal collection ("dunning") notice within 5 days thereafter.  The dunning notice must identify the current owner of the debt, its asserted amount, and advise you of your right to request debt validation.

When did they make their initial communication, and have they subsequently sent dunning notice, which must advise how to contact them to request debt validation.

If you send a DV within 30 days of dunning notice, that imposes an automatice cease collection bar under FDCPA 809(b).

As for threats to sue, their threat is extremely suspect in that it threatens suit by another, not by them.

Threat to bring any legal action that cannot be taken by them is a clear violation of FDCPA 807(5).  Knowledge that the SOL has expired has been held under case law to be a violation of that provision of the FDCPA.  However, they are not threatening to bring civil action, but rather threatening that another is.  If that statement is incorrect, that itself is a violation of FDCPA 807.  

If they have not sent required dunning notice, I would file a formal complaint with the Consumer Financial Protection Bureau (CFPB), who has enforcement authority over violations of the FDCPA.  While you cannot send a DV request until you have an address, the CFPB will likely have them in their complaint database and will likely be able to contact them and require response to your complaints.

[Anonymous]

Yes they *can* sue (does not mean they will). SOL requires an affirmitive defense, so if you fail to show and present SOL as a defense, they WILL be awarded a judgement. I would send them a reply informing them that any attemp to sue for this debt will be met with proof of SOL expiration.

Research the SOL laws in your state to make sure there are no loopholes.

[Anonymous]

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@RobertEG wrote:

If the debt collector has contacted you regarding an alleged debt, that is considered an "initial communication with the consumer" under FDCPA 809(a), and triggers their requirment to send you a formal collection ("dunning") notice within 5 days thereafter.  The dunning notice must identify the current owner of the debt, its asserted amount, and advise you of your right to request debt validation.

When did they make their initial communication, and have they subsequently sent dunning notice, which must advise how to contact them to request debt validation.

If you send a DV within 30 days of dunning notice, that imposes an automatice cease collection bar under FDCPA 809(b).

As for threats to sue, their threat is extremely suspect in that it threatens suit by another, not by them.

Threat to bring any legal action that cannot be taken by them is a clear violation of FDCPA 807(5).  Knowledge that the SOL has expired has been held under case law to be a violation of that provision of the FDCPA.  However, they are not threatening to bring civil action, but rather threatening that another is.  If that statement is incorrect, that itself is a violation of FDCPA 807.  

If they have not sent required dunning notice, I would file a formal complaint with the Consumer Financial Protection Bureau (CFPB), who has enforcement authority over violations of the FDCPA.  While you cannot send a DV request until you have an address, the CFPB will likely have them in their complaint database and will likely be able to contact them and require response to your complaints.

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This sounds like a bottom feeder/scam artist rather than a legit debt collector.

[Anonymous]

If they should officially serve you with a suit you need to answer it in a timely manner. In your denial answer cite that the SOL has expired. An attorney should do this for you. BUT this sounds like a scam to me. If they contact you again ask them to please sue you. And next time get their name address and phone.

[Anonymous]

I wouldn't necesarily say "sue me" but would indeed get their information and report them to the CFPB.

[Anonymous]

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@RobertEG wrote:

If the debt collector has contacted you regarding an alleged debt, that is considered an "initial communication with the consumer" under FDCPA 809(a), and triggers their requirment to send you a formal collection ("dunning") notice within 5 days thereafter.  The dunning notice must identify the current owner of the debt, its asserted amount, and advise you of your right to request debt validation.

When did they make their initial communication, and have they subsequently sent dunning notice, which must advise how to contact them to request debt validation.

If you send a DV within 30 days of dunning notice, that imposes an automatice cease collection bar under FDCPA 809(b).

As for threats to sue, their threat is extremely suspect in that it threatens suit by another, not by them.

Threat to bring any legal action that cannot be taken by them is a clear violation of FDCPA 807(5).  Knowledge that the SOL has expired has been held under case law to be a violation of that provision of the FDCPA.  However, they are not threatening to bring civil action, but rather threatening that another is.  If that statement is incorrect, that itself is a violation of FDCPA 807.  

If they have not sent required dunning notice, I would file a formal complaint with the Consumer Financial Protection Bureau (CFPB), who has enforcement authority over violations of the FDCPA.  While you cannot send a DV request until you have an address, the CFPB will likely have them in their complaint database and will likely be able to contact them and require response to your complaints.

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It's the Federal Trade Commission that holds enforcement authority under FDCPA.

[Anonymous]

I had a very similar experience with a "collection agency" trying to collect from an online pay day loan from 2012.  I did not recognize the name of the company that they were trying to collect for.  They told me that was the parent company, but couldn't tell me exactly who I took my loan out with.  They refused to send me anything verfiying the debt, stating they didn't need to as I had already agreed to pay it when i took out the loan.  They also wanted to verify information, but I refused and simply asked them to mail me something and I would be in contact with them once they did.  One call in particular instead of asking me to verify they gave me my information and asked if it was correct.  So many things sounded fishy about them to me.  Once I started throwing out terms that made it sound like I knew what they were talking about they stopped calling me.  I also reported them to the FTC and CFPB as harassing me since they could not provide me with the information that they legally needed to provide me with.  I haven't heard from them since, and naturally the number they provided me with couldn't be traced to anyone.  I do recall it being a FL number though.  

[CashBackQueen]

Thank you everyone for your information and advice. I will meet with my lawyer in about a week and see if he feels like they even have a case, which I doubt. Thanks again, this group is so helpful!!

[Anonymous]

keep us posted