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Quick One - CA calling on old expired debt

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BarryNTexas
Established Contributor

Quick One - CA calling on old expired debt

All,  had a call on my cell phone this morning for a debt that was charged-off in 2006 and is now well past SOL in Texas plus no longer reporting on files.


Portfolio Recovery is the junk dogs... how should I handle if it shows on files?  I told them to cease calling my cell and send info via snail mail.

 

thanks, Barry

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Message 1 of 4
3 REPLIES 3
notfancy
Valued Contributor

Re: Quick One - CA calling on old expired debt

Send them a cease and desist letter. Also look in the stickies in this forum under state resources to see if there is anything in TX code that you should add to make sure they don't try to make a nuisances of themselves or try to reattach it to your credit report.

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Message 2 of 4
RobertEG
Legendary Contributor

Re: Quick One - CA calling on old expired debt

Expiration of SOL and credit report exclusion do not mean the debt has expired.

It means that the period to initiate legal action to obtain a judgment has expired, or that their colection can no longer be included by the CRA in normal credit reports they issue.

 

There is nothing per se improper in their continuing to pursue collection of an unpaid debt.

 

You can require them to cease communication with you simply by sending them a letter under FDCPA 805(c).

If you have done so, it is a violation for them to initaite communications with you.

 

Message 3 of 4
gdale6
Moderator Emeritus

Re: Quick One - CA calling on old expired debt


@RobertEG wrote:

Expiration of SOL and credit report exclusion do not mean the debt has expired.

It means that the period to initiate legal action to obtain a judgment has expired, or that their colection can no longer be included by the CRA in normal credit reports they issue.

 

There is nothing per se improper in their continuing to pursue collection of an unpaid debt.

 

You can require them to cease communication with you simply by sending them a letter under FDCPA 805(c).

If you have done so, it is a violation for them to initaite communications with you.

 


You are correct with the exception of 2 states WI & CT, in those states once the SOL passes all collection activities must cease.

Message 4 of 4
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