Statue of Limitation

[Anonymous]

Several days ago my husband received a call from and atty regarding a cc account that was opened in 1993 and wanted to inform him that they were considering garnishing his wages if he doesn't payoff the balance.  We had heard from this atty months ago and requested proof of debt for the account.  We never received any reply until that phone call at his place of employment.  We are supposed to get back with him, but we are unsure as to what to say to him?  It cc account does not show up on either of ours CRs?  Should we consider hiring an atty to represent us since we have no proof of this cc account from 1993.

[Anonymous]

What state are you in and are you sure this guy is really an attorney?

[Anonymous]

Just find out what the SOL is in your state and find out the date of last activity on your debt and tell him to go jump off a bridge.

If you ever get a collection letter and they want to offer you a great deal it means that can't or won't sue you so they hope you just pay.

[fused]

oops!

[Anonymous]

All communication should be in writing & mailed CMCCC.

If you still have this attorney address, send him a DV by CMRRR.  If he doesn't reply with in 30 days (from receipt).  have another letter ready to go. Next letter will tell him That he is now in violation of DA DA DA.  letters & statue # are listed on this site

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=11303

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=6834

Another interesting thing...how do you know that this is an attorney & not just a CA?????

Many CA will misrep themselves.

Im sure that after all this time nothing is on your CR.

IF before he receives the DV letter,he calls home or work,  write down the date,time & any info. you can remember. try & have someone at work make note of the call. IF someone answer work phone ask them to ask who is calling & make note of it. Make him spell his full name if needed & company name.

Tell him that* he can not* call this work # as it is not allowed by company! Also tell him not to call your home!!  If he wants to reach you he must do it by mail. After all he must have your home address & phone #.

Message Edited by HappyDays on 07-28-2007 10:07 PM

Message Edited by HappyDays on 07-28-2007 10:08 PM

[Anonymous]

this very same thing happen to me in fact it happened 2x .  the 1st time he said he was a lawyer.  i asked for his licence state he practiced under and his number and address.  (Watch them stuble over that question).  it was almost comical listening to them stuttering.  He wasnt a lawyer he was a debt collector.  i called the number  on caller id  and asked them for the name of their company, and state they were in they gave it to me.  Sure enough after i googled them it was a debt collector.  Thats an old trick their using.  and it will never appear on your credit report or garnishes will never  be started. That would be illegal.  DO NOT WASTE YOUR MONEY ON A LAWYER.   This is just a scare tactic and dont fall for it. I called all 3 credit bureaus and asked if it could by some chance be put on my credit report.  and they said if its over 7 years no. Write a crr letter telling them its not yours and its past the statue of limitations and go find someone else to bug. If they call your husband again he needs to state 1st and foremost this call is being recorded "  they hate that!!! and its illegal to call a place of employment and if they do it again he will file a complaint. That should stop it but they can be ruthless and illegal with bs tactics.  there are cease letters you can write imforming them that this is not your not debt and the of the statue of limitations. just make sure you send the CRR. 

[MarineVietVet]

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@Anonymous wrote:

this very same thing happen to me in fact it happened 2x .  the 1st time he said he was a lawyer.  i asked for his licence state he practiced under and his number and address.  (Watch them stuble over that question).  it was almost comical listening to them stuttering.  He wasnt a lawyer he was a debt collector.  i called the number  on caller id  and asked them for the name of their company, and state they were in they gave it to me.  Sure enough after i googled them it was a debt collector.  Thats an old trick their using.  and it will never appear on your credit report or garnishes will never  be started. That would be illegal.  DO NOT WASTE YOUR MONEY ON A LAWYER.   This is just a scare tactic and dont fall for it. I called all 3 credit bureaus and asked if it could by some chance be put on my credit report.  and they said if its over 7 years no. Write a crr letter telling them its not yours and its past the statue of limitations and go find someone else to bug. If they call your husband again he needs to state 1st and foremost this call is being recorded "  they hate that!!! and its illegal to call a place of employment and if they do it again he will file a complaint. That should stop it but they can be ruthless and illegal with bs tactics.  there are cease letters you can write imforming them that this is not your not debt and the of the statue of limitations. just make sure you send the CRR. 

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This is almost correct.

FDCPA 805. Communication in connection with debt collection

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

Unfortunately this gives a collector the chance to say they didn't know calls to employees were forbidden. Once the collector is told that calls are prohibited then it becomes a violation if they call again. I know that may be a small point but that is what the law says.

From a BK years ago to:
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[RobertEG]

You have several legal issues.

First, when this person called you, attorney or not, he must identify himself (FDCPA 806(6)), and state that the purpose of the call is related to the collection of a debt (FDCPA 807(11)).

If he identifies himself as an attorney, that opens the door for you to ask for proof, such as his bar registration number.  FDCPA 807(3) makes it illegal to represent oneself as an attorney for purposes of debt collection if they are not, or that the communication is from an attorney.

The person calling is a debt collector.  Thus, they were required under FDCPa 809(a) to have provided you a written colllection (dunnng) notice within five days of that intitial communication with you.  REmind them of their violation of FDCPA 809(a, and their legal obligtiion to have advised you of your debt validation rights under FDCPA 809(b)..

I would also send him a letter under FDCPA 805(c) demanding cessation of any further communication with you, and also include in the letter a demand under FDCPA 805(b) for cessation of all tuture communication with any third party.

Do not discuss the debt, or any issue of statute of limitations with him, period.  Stick to leveling him with his violtions to date.  SOL is your hole card should you go to court, and it would not be wise to advise them in advance of your defense strategy.

The threat to garnish wages is probably also a violation of FDCPA 807(4), in that it implies that nonpayment will result in their garnishment of wages.

Only a court can garnish wages, and then only after a favorble decision on legal action that they have not brought.  And you have an absolute legal defense in any such action if you can show expiration of your SOL.  They are using false and misleading representations to intimidate you, in direct violtion of FDCPA 807.