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Collection calls after many years

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Shiva78
Contributor

Collection calls after many years

A few months ago, Capio Partners and another unknown collector started calling frequently.  My phone goes straight to vm.  They never leave a msg.  Neither of them have ever sent any written collection notices either.  I don't want to answer because I don't want to risk them trying to re-start the Satute of Limitations on anything.  It has been over 10 yrs since DOFD or activity.

 

I currently have 780+ credit scores with nothing in collections and no credit card debt.  Only my car payment and house owned out right.

 

Could they be junk debt buyers trying to get lucky?

 

I rebuilt my credit back in 2012 and 2013.

Two judgements were fully paid (garnishment) 2014

Paid Suburban credit for delete of medical debt in 2013

Brought student loan current

Fought midland with CFPB.  They agreed to delete and not pursue or sell.

Last bad accounts aged off in 2015

 

Can anyone offer any advice?

Message 1 of 11
10 REPLIES 10
admiralsmoker
New Contributor

Re: Collection calls after many years

Yes they will keep trying to pursue the debt even if it is past the statue of limitations and not being reported to the credit agencies. I have two old accounts from 10 years ago that Midland will randomly call to try to collect. You can just ignore or pay it down if the calling is irritating. I choose to ignore mine. 



Current Scores:

Rebuilding Since 09/2023:
Message 2 of 11
JoeRockhead
Community Leader
Super Contributor

Re: Collection calls after many years

The debt has likely been time barred... they're fishing for dollars and that's all they can do. 

Message 3 of 11
ForwardLooking
Frequent Contributor

Re: Collection calls after many years

If you know who they are, you can send them a cease and desist letter telling them they are not allowed to contact you ever again.  If they continue afterwards, you can sue them.  May be worth a few bucks to have a FCRA attorney draft one and send it for you to stop the calls.

Message 4 of 11
Shiva78
Contributor

Re: Collection calls after many years

Yes.  I definitely know for a fact they are time-barred.

 

The SOL in VA 5 years.  I moved to FL in 2015 and the SOL here is 4 yrs.

Message 5 of 11
FireMedic1
Community Leader
Mega Contributor

Re: Collection calls after many years

I get them straight to voicemail even after 8yrs after BK. Call us with this ref #. So I called one just to play the game. They said I cant talk to you until you tell us the last 4 of your SSN. I laughed. Hung up and blocked.



BK Free Aug25
Message 6 of 11
tebtengri
Contributor

Re: Collection calls after many years


@Shiva78 wrote:

Yes.  I definitely know for a fact they are time-barred.

 

The SOL in VA 5 years.  I moved to FL in 2015 and the SOL here is 4 yrs.


How do statute of limitations work when you change residency between the time you signed the contract and went delinquent and the time they start attempting collections?

 

For instance you get a loan in AZ, pay it for a while then go delinquent and get charged off. Later you move to NC. If they hadn't filed legal action before you changed residency does your new state's SoL apply even if the contract and/or delinquency occured in your previous state?

Message 7 of 11
7774x
Established Contributor

Re: Collection calls after many years


@JoeRockhead wrote:

The debt has likely been time barred... they're fishing for dollars and that's all they can do. 


 

  these Collectotrs pay penny on dollar for old debt..  hoping someone pays the debt  or restarts the  debt time ..just ignore .. never answer weird caller ID ...phone calls

Message 8 of 11
Shiva78
Contributor

Re: Collection calls after many years

Thanks.  Even if they are way beyond SOL my concern is they will sue and never notify me of any summons etc.  Esp since they've never written or left messages.

I read stories of ppl finding out they have default judgements against them on time-barred debt because they were never properly notified.

If they decide to report to the CRAs that's easily disputed.

 

Message 9 of 11
Shiva78
Contributor

Re: Collection calls after many years

Yes.  From my understanding if they haven't filed legal action yet in your old state the your new state of residence SOL will be in effect.


@tebtengri wrote:

@Shiva78 wrote:

Yes.  I definitely know for a fact they are time-barred.

 

The SOL in VA 5 years.  I moved to FL in 2015 and the SOL here is 4 yrs.


How do statute of limitations work when you change residency between the time you signed the contract and went delinquent and the time they start attempting collections?

 

For instance you get a loan in AZ, pay it for a while then go delinquent and get charged off. Later you move to NC. If they hadn't filed legal action before you changed residency does your new state's SoL apply even if the contract and/or delinquency occured in your previous state?


 

Message 10 of 11
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