There must be a statute of limitation on this!

[beep315]

I have been rebuilding my credit since 2003. I have not made a late payment on anything since then and I have made settlements on many things from my past. My credit is great now (704) and I thought I was in the clear.

I received a call in March from a collections agency about $1,700 in bad checks to Papa Johns from 2001 and 2002. They said I was facing criminal charges and could be arrested that weekend. This was much to my surprise because I had settled all of the bad checks I had written through the state of FL attorney office many years ago. So, when I received this call, I made a call to the state attorney's office to see if that was in fact true. They told me there is a statute of limitations in our state: 2 years for misdemeanors and 3 years for felonies. So I called the collectors back with this information and they left me alone. Now they just called me saying the civil statute of limitations is 10 years. That can't be right, especially when other debts have a 5 year SOL. Are these people pulling my chain? I asked them to send me proof that I owe this debt and they refused, telling me I could go to my bank.

Thanks for any help!

[kittygal]

Once the collection agency has made a first contact with you (as done by the initial phone conversation) they are required to send you a "dunning letter" verifying the alleged debt and the original creditor and amount owed.  The fact that they are stating they do not need to provide this information to you screams scam artist.

If you have the name and address of this so-called collection agency, I would make a complaint to the FTC and to the Attorney General of your state outlining the illegal actions being taken by them,  No collection agency acting within their proper authority can threaten arrest, jail time etc.  There have been instances where people have received calls about alleged debts from payday loans etc that are attempting to scare individuals into paying money they truly do not owe.

DO NOT talk to these people on the phone.  DO NOT give them any vital information such as your social security number etc.  If you have the name and address of this collector send them a letter requesting validation of the alleged debt and a request to have any further contact with you by mail only.  Should you receive any further phone calls, just hang up!

Any reputable collection agency will be able to provide the "dunning letter" and their refusal to do so is in violation of the law.  Don't allow them to harass you or intimidate you into paying on an alleged debt that is not verified in the proper manner.   Follow through with the complaints and I believe you will see that they disappear.   These alleged debts occurred in 2001 and 2002.  In all probability they are beyond any existing statute of limitations and they are definitely beyond the timeframe for reporting to the credit bureaus.

It is unfortunate that scam artists exist and have been able to intimidate people to pay on false claims of debt.  Don't allow this to happen to you.

Best wishes!

[guiness56]

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@beep315 wrote:

I have been rebuilding my credit since 2003. I have not made a late payment on anything since then and I have made settlements on many things from my past. My credit is great now (704) and I thought I was in the clear.

I received a call in March from a collections agency about $1,700 in bad checks to Papa Johns from 2001 and 2002. They said I was facing criminal charges and could be arrested that weekend. This was much to my surprise because I had settled all of the bad checks I had written through the state of FL attorney office many years ago. So, when I received this call, I made a call to the state attorney's office to see if that was in fact true. They told me there is a statute of limitations in our state: 2 years for misdemeanors and 3 years for felonies. So I called the collectors back with this information and they left me alone. Now they just called me saying the civil statute of limitations is 10 years. That can't be right, especially when other debts have a 5 year SOL. Are these people pulling my chain? I asked them to send me proof that I owe this debt and they refused, telling me I could go to my bank.

Thanks for any help!

---

If these were paid in your BK you have nothing to worry about.  Even if they were not paid, the SOL has expired and if they took you to court you would use expired SOL as your defense.  And the CA is correct.  The SOL is 10 years for a judgment.  But none has been entered so you are fine.

CAs either do not know the laws themselves or hope that the consumer does not so they will believe everything they are told.

Never, ever, talk to a CA.  Written communications only.

You can send them a C & D letter and have them stop contacting you.

[Anonymous]

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@beep315 wrote:

I have been rebuilding my credit since 2003. I have not made a late payment on anything since then and I have made settlements on many things from my past. My credit is great now (704) and I thought I was in the clear.

I received a call in March from a collections agency about $1,700 in bad checks to Papa Johns from 2001 and 2002. They said I was facing criminal charges and could be arrested that weekend. This was much to my surprise because I had settled all of the bad checks I had written through the state of FL attorney office many years ago. So, when I received this call, I made a call to the state attorney's office to see if that was in fact true. They told me there is a statute of limitations in our state: 2 years for misdemeanors and 3 years for felonies. So I called the collectors back with this information and they left me alone. Now they just called me saying the civil statute of limitations is 10 years. That can't be right, especially when other debts have a 5 year SOL. Are these people pulling my chain? I asked them to send me proof that I owe this debt and they refused, telling me I could go to my bank.

Thanks for any help!

---

Could you use an extra $2,000+ in chump change?

First of all, as long as we are talking about the Florida located on Earth, it is impossible for them to prosecute you on bad checks written 8+ years ago.  Impossible.  The Florida AG advised you well about the SOL.

Now, a collection agent that threatens you with illegal action or action that they cannot legally take is in violation of the FDCPA.  Continuing collection activity after an unfulfilled DV demand is another violation.  Each violation is worth $1k+.

Go on down to your local small claims court and sue them. 

[MattH]

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@Anonymous wrote:

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@beep315 wrote:

I have been rebuilding my credit since 2003. I have not made a late payment on anything since then and I have made settlements on many things from my past. My credit is great now (704) and I thought I was in the clear.

I received a call in March from a collections agency about $1,700 in bad checks to Papa Johns from 2001 and 2002. They said I was facing criminal charges and could be arrested that weekend. This was much to my surprise because I had settled all of the bad checks I had written through the state of FL attorney office many years ago. So, when I received this call, I made a call to the state attorney's office to see if that was in fact true. They told me there is a statute of limitations in our state: 2 years for misdemeanors and 3 years for felonies. So I called the collectors back with this information and they left me alone. Now they just called me saying the civil statute of limitations is 10 years. That can't be right, especially when other debts have a 5 year SOL. Are these people pulling my chain? I asked them to send me proof that I owe this debt and they refused, telling me I could go to my bank.

Thanks for any help!

---

Could you use an extra $2,000+ in chump change?

First of all, as long as we are talking about the Florida located on Earth, it is impossible for them to prosecute you on bad checks written 8+ years ago.  Impossible.  The Florida AG advised you well about the SOL.

Now, a collection agent that threatens you with illegal action or action that they cannot legally take is in violation of the FDCPA.  Continuing collection activity after an unfulfilled DV demand is another violation.  Each violation is worth $1k+.

Go on down to your local small claims court and sue them. 

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If, as the previous reply says we are talking about the Florida located on Earth, then Original Poster should know Florida has a long-standing reputation for being among the more "debtor-friendly" States.  Below is an example of how the collection industry feels about Florida politicians:

http://www.collectionscreditrisk.com/news/florida-lenient-laws-challenge-collectors-3001090-1.html