@FrugalRican wrote:
@pizzadude wrote:
Yeah you can more or less tell them to go away ~ I'd send them a CMRR letter reminding them of the following:
1) the debt is past SOL
2) the debt is past CRTP
3) they violated the FDCPA when they threatened to sue and garnish your wages
I'm sure you know this, but they would have to file suit and win in order to be able attempt to garnish your wages. Typical CA practices, threating and trying to scare you.
+1
(1) Send CMRR
(2) Drink wine
(3) Laugh
That'd be my next 3 steps. That lady was just trying scare tactics. Sad part is it might not have worked with you, OP, but it'll work with the next person they most likely call.
Unfortunately this is true.
@Anonymous wrote:pardon my ignorance but what does CMMR stand for? Im trying to find a rough draft of a letter I can send so I have something to go off of?
Certified Mail Return Reciept (Its actually CMRR)
I've had the same thing happen. Some agency has been calling my cell like 5 times a day. Before I send the cease & desist letter I'm going to answer the call once one of the calls comes in when I'm not neck deep in something at work just so I can tell them where to shove it. Just because I can now and it will feel good after having to deal with those stupid CAs back when I messed up my credit. It will give me some small satisfaction. 
Once they realize you're too smart to fall for their BS and you send the C&D letter they'll probably try to sell the debt again. When someone else buys it you'll have to go through the same process. Kind of a pain but unfortunately it's what you've got to do.
Once they realize you're too smart to fall for their BS and you send the C&D letter they'll probably try to sell the debt again. When someone else buys it you'll have to go through the same process. Kind of a pain but unfortunately it's what you've got to do.
You may well already know this from these boards but it cannot be stated too many times. Whatever you do, do not pay anything to them what so ever. Even if they say, "hey just pay us $5/year and we will leave you alone". The minute you pay something, the clock runs back to zero and you start all over again and they can take you to court.
Again, sorry if this is well known but it cannot be overstated. Many people fall into the trap of resetting the clock on debt by paying something.
California Statutes of Limitation
Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.
@JaysonT wrote:You may well already know this from these boards but it cannot be stated too many times. Whatever you do, do not pay anything to them what so ever. Even if they say, "hey just pay us $5/year and we will leave you alone". The minute you pay something, the clock runs back to zero and you start all over again and they can take you to court.
Again, sorry if this is well known but it cannot be overstated. Many people fall into the trap of resetting the clock on debt by paying something.
+1