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Aren't They in Violation?

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Anonymous
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Aren't They in Violation?

Back in Jan, a CA contacted me about an account that had finally fallen off my credit report. Citibank, opened in 96, last activity in 2000. This was opened fradulently and I cannot reach the person anymore. It went through a few people, most recently, Pinacle Collections owns it I thnk. Nelson, Watson and Assoc was the CA that contacted me in Jan. I had a friend write a letter which we sent certified. I cannot currently find a copy of the letter, but NWandAssoc signed for it on 3/8/08.
 
Today I got a call from a new agency. I was so flustered when they called that I forget the name but my CID says FMS Investment Corp. They're sending me a letter but she also said the date of last activity was 2000. That's 8 years ago...don't they have to leave me alone now? Which letter should I send and what can I do? It didn't show up on my CR back in March, I'm hoping it won't now either. I'm annoyed, nervous and scared.
 
Thanks,

Karen
 
TU 548
EQ 533
EXP 588 as of 7/2
Message 1 of 13
12 REPLIES 12
Anonymous
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Re: Aren't They in Violation?

I just did a little more research. I'm sure this link is posted somewhere, but http://www.consumerfraudreporting.org/debtcollectionsol.php 
 
states that
 
State Statutes of Limitations for Debt Collection
If you are being hounded by a debt collector for a debt that is years old, the first question you should have is, what is the statute of limitations for this type of debt in my state? A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after the debtor becomes delinquent on the debt, that legal proceedings (law suits) based on those events may be initiated. Note that the collection agencies may still try to collect the debt; but a court will throw out a lawsuit.
The type of debt affects the statute of limitations, too. Credit cards are usually considered to be "Open Accounts". Auto loans and other installment-type agreements are considered "Written Contracts".
This chart indicates the number of years of the statute of limitations in each U.S. state, as of Jan 2007.  After this date it may change, so consult your state's attorney general's office or a lawyer to confirm.
 
When this happened, I lived in Nebraska, my then roomate who I believe did this and whom I since have lost touch with. and I were living in CT in June 00 which is the date of last activity. I now live in AZ and also lived in MA. From what I read on this site, we're 8 years out and they're SOL. Am I correct? I said I wasn't going to discuss anything or do anything until I got their letter. When I get that, should I fire off the nice templated too late, fraud if they don't stop I'll report them, or whatever the letter says? Can I also report them for trying to collect a debt past the cut off w/o dinging my credit?
Thanks!
 Karen


Message Edited by Kareninaz on 07-02-2008 06:12 PM

Message Edited by Kareninaz on 07-02-2008 06:12 PM
Message 2 of 13
Anonymous
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Re: Aren't They in Violation?

No, you can't get them on violations simply because they're trying to collect.

Legally, the debt IS yours. The SoL and CRTP are just government mechanisms meant to protect the consumer from paying for their mistakes for a lifetime. Consider it a limitation on "blackmailing" you into paying by means of force.

The CRTP: by Fed law, they can only report your debt for so long.

The SoL: they can only seek legal remedy (meaning, with the court's assistance) for so long. The court system essentially tells the creditor/plaintiff "So sorry. If you REALLY wanted this debt paid, you should have taken legal steps earlier!" Sort of like "self-help."

But in the end, debt collectors can harass you until the day you die, because legally, the debt is STILL yours. The government entities just only give them so long to get "help" recovering the debts. After those time periods expire, they can only "help themselves" (i.e., harassing you, sending you dun letters, etc).

That being said, you CAN (IF the debt is out of SoL -- otherwise, you'd be poking a sleeping giant with a VERY big, pointy stick) send them a "Cease and Desist" letter. While there are a few states that don't "allow" it (they restrict the C&D to contact once a month, for example, but doesn't restrict them from EVER contacting you again), most states DO and once they receive the letter (make sure to send it Certified Mail, Return Receipt as proof), they can NEVER contact you again (unless you give them strict guidelines, such as "only contact me in writing at this address").
Message 3 of 13
Anonymous
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Re: Aren't They in Violation?

Ty! Getting the leter ready to go out soon.
Message 4 of 13
Anonymous
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Re: Aren't They in Violation?

Personally, I'd go an extra step (if you KNOW that you're out of SoL!!!) and let them know nicely that you realize that you're out of SoL!!

Why? Because some creditors will still try to sue you for the debt, even though they've lost their bite at the apple. Many CAs think that sending you a summons will cow you into settling prior to court OR gamble on the possibility that you won't appear (therefore, they win by default) in court, thinking that you don't have to since the debt's SoL.

I think that by mentioning in your letter that you KNOW SoL has expired, it will let them know that 1) You know your rights and 2) that its not worth their time.

After you send it, DO keep an eye out for any service of summons. CAs aren't exactly known for being good losers, you know?

Best of luck!!

(Holler if you want a good example of a C&D letter!!)
Message 5 of 13
Anonymous
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Re: Aren't They in Violation?

I'd love one if you didn't mind! Thanks so much. Trust me, I'll be watching my report like a hawk.


Message Edited by Kareninaz on 07-02-2008 08:09 PM
Message 6 of 13
Anonymous
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Re: Aren't They in Violation?

Absolutely! Modify as needed! Smiley Happy


Your Name
Your Address
Your City, State Zip Code

_______________, 20__


Nasty Collection AGency
Address
City, State Zip Code


Re: Your Name.

Acct. Information


Notice to Cease & Desist


To Whom It May Concern:


Pursuant to the Federal Fair Debt Collection Practices Act (15 USC 1692c), you are hereby notified to immediately cease communications concerning the collection of the debt associated with the above-referenced account. This notice shall include, but is not limited to written correspondence, as well as telephonic communication.

In the event that you fail to honor my request, please be advised that a written log of all contacts made by your company will be recorded. Furthermore, failure to honor this request could subject your company to liability under Federal law.


If you or any other agent of your company attempts to contact me regarding this debt, a formal complaint will be filed with the (insert your state here) State Attorney General’s Office and the Federal Trade Commission.


Thank you for your attention regarding this matter.


Sincerely,
Your name (typed)
Message 7 of 13
Anonymous
Not applicable

Re: Aren't They in Violation?

Do NOT just rely on your CRs. They will only tell you if a judgment's been issued AFTER the fact!!

See if your local gov (or your state) has a public access court records database. If you can find one (and if you can't, holler with your state and county and I'll help look -- two sets of eyes are always better than one!), do a search on your name. If you're about to be served, you'll see it there more likely than not.
Message 8 of 13
Anonymous
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Re: Aren't They in Violation?

The girl from the CA said they were sending out a letter which I still haven't gotten yet. The last time I got a letter after a call, I'm sure it was w/in 7-10 days of the call. I'm still being careful, but does anyone think I might be able to relax a little bit since we're a few weeks out?

Karen
Message 9 of 13
Anonymous
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Re: Aren't They in Violation?

They will contimue to resell it. I would file an ID theft report!  and don't lose it.
 
When an account is reported as ID theft....the CA can not legally pass it on or sell it to another CA!  If they do then they are in violation!
Message 10 of 13
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