Zombie debt, what options do I have?

[Anonymous]

Portfolio sideswiped me when I called to pay my debt by informing me I had an second account with them. From 1997. I sent a DV request, and what they've sent back is minimal at best. Nothing more than an account number, date it was opened with Discover and PR, and the amount. It does have my old name on it, but that doesn't mean a whole heck of a lot. I have no idea if this is mine or not, the original account is from when I was in college. Portfolio says they've had it since 2002. I've had my identity stolen twice, but it was long before a mandatory criminal report was de rigeur. 

I wouldn't doubt for a second they'd slam this on my CR for giggles, but without re-aging it, I can't see it getting past the CRAs. What recourse do I have on this ancient debt? Is this one of those it's so damn old, I can ignore it without worrying? 

[Anonymous]

Offer them ten bucks to STFU and go away forever, or send them a Cease Communications on the debt.

[Anonymous]

HAHAHAHA!

That was going to be the next step, the cease communications. I just didn't want it to bite me in the ass if they try to sue, or slam it on my credit.

Although I do like the idea of offering them 1% and giving them a whopping $13.65 to go away.

[Anonymous]

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@Anonymous wrote:
HAHAHAHA!

That was going to be the next step, the cease communications. I just didn't want it to bite me in the ass if they try to sue, or slam it on my credit.

Although I do like the idea of offering them 1% and giving them a whopping $13.65 to go away.

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Thats probably more than what they paid for it anyway....

[gdale6]

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@Anonymous wrote:
HAHAHAHA!

That was going to be the next step, the cease communications. I just didn't want it to bite me in the ass if they try to sue, or slam it on my credit.

Although I do like the idea of offering them 1% and giving them a whopping $13.65 to go away.

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That would mean you could make some money suing them for knowingly reporting long out of statute debt. A C&D letter or a small offer for them to go away would be in order.

[Anonymous]

Would it even be worth offering? Or would that open up the floodgates for more harassment from them?

[gdale6]

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@Anonymous wrote:
Would it even be worth offering? Or would that open up the floodgates for more harassment from them?

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I would make one offer of no more than 20% of the amount owed. They can attempt to collect until its paid or settled unless you C&D them. A C&D will most likely force them to sell it to another JDB who will prob send a letter at that time I would just file it and do nothing.

[RobertEG]

If they report to a CRA, they must provide a DOFD within 90 days.

If the DOFD is more than 7 years plus 180 days ago, the CRA will exlcude their reporting from your credit report.

Having responded to your DV, they are free (at least in their opinion) to continue collection activities, including calling you.

I would not worry about either legal action or credit reporting if the SOL has expired and the DOFD was more than 7 years plus 180 days ago.

You can then make the decision as to whether you want to send them a cease communication letter under FDCPA 805(c).

That will end their ability to call or write, but will not address the issue that someone out there is asserting you owe a delinquent debt.

It is your decision as to whether to settle the debt, thus removing any issue of an unpaid, delinquent debt, or to terminate their communications with you.