I got a call today from a place called Global processing services. The pre recorded message stated they held a legal claim against me with file #blah blah blah. I opted to talk to someone thinking it was a scammer I could mess with (I was bored, don't judge).
Well... it wasn't. It was global processing services calling on behalf of the debt I "owe" to TD bank from back on 2011. It was some shady shady overdraft fees and some more "sustained" overdraft fees. I told the lady I had no idea what she's even talking about (I do, but obviously not going to admit that. Even tho they didn't say it was a recorded line, I don't trust it)
For statute of limitation purposes.... can anyone tell me what kind of debt this is considered? Most debts in my state (Massachusetts) are 6 years. But one or two are 20 years. And I don't know what this qualifies as.
Edited to add in my state
Massachusetts is 6 years across the board. Written contracts, oral contracts, promissory notes, and open-ended accounts. Being that it was with TD Bank it would be classified as written contract on the debt. That said legally the creditor can use their home state laws (usually) when it comes to court.
“In some states, a debt collector is not allowed to try and collect on the debt if the debt has gone past the time limit for the state’s statute of limitations. In other states, even though a debt collector can’t sue you over the debt, they can still work to collect on the debt indefinitely.”
So for your case, don't ever acknowledge the debt. In some cases this can reset the SoL. If they call you, don't answer. If they continually pester you send them a cease communication letter which will prevent any further phone calls.
In Massachusetts, the statute of limitations can only be reset in writing. And they'd have to tell Me if I'm being recorded, which they didn't. Regardless, I told her I had no idea what she was even talking about.
They also didn't include the disclosure required by Massachusetts In regards to time barred debt in the letter they emailed to me. They didn't even acknowledge being debt collectors right away, and said in their recording that they held a legal claim against me (which they don't). Wouldn't this be a violation or fair debt collection practices? What should I do if it is.
It's in the debt collection regulations under 940 CMR 7.07
(24) Collecting or attempting to collect from any person payment of any debt that the creditor
knows, or has reason to know based on a good faith determination, is a time-barred debt, or
seeking or obtaining from any person an admission, affirmation, acknowledgement of a new
promise to pay, or any waiver of legal rights or defenses with regard to any debt that the creditor
knows or has reason to know is a time-barred debt, unless the creditor discloses that the debt may
be unenforceable through a lawsuit because the time for filing suit may have expired, and that
the debtor is not required by law to sign any admission, affirmation, or acknowledgement of, or
new promise to pay the debt, or to make any payment on the debt, or to waive any rights with
regard to the effect of the running of the applicable statute of limitations.
(a) A creditor who makes the following disclosure shall be deemed to have complied with
the requirements of 940 CMR 7.07(24):
WE ARE REQUIRED BY REGULATION OF THE MASSACHUSETTS ATTORNEY
GENERAL TO NOTIFY YOU OF THE FOLLOWING INFORMATION. THIS
INFORMATION IS NOT LEGAL ADVICE: THIS DEBT MAY BE TOO OLD FOR
YOU TO BE SUED ON IT IN COURT. IF IT IS TOO OLD, YOU CANNOT BE
REQUIRED TO PAY IT THROUGH A LAWSUIT. TAKE NOTE: YOU CAN
RENEW THE DEBT AND THE STATUTE OF LIMITATIONS FOR THE FILING OF
A LAWSUIT AGAINST YOU IF YOU DO ANY OF THE FOLLOWING: MAKE
ANY PAYMENT ON THE DEBT, SIGN A PAPER IN WHICH YOU ADMIT THAT
YOU OWE THE DEBT OR IN WHICH YOU MAKE A NEW PROMISE TO PAY;
SIGN A PAPER IN WHICH YOU GIVE UP OR WAIVE YOUR RIGHT TO STOP
THE CREDITOR FROM SUING YOU IN COURT TO COLLECT THE DEBT.
WHILE THIS DEBT MAY NOT BE ENFORCEABLE THROUGH A LAWSUIT, IT
MAY STILL AFFECT YOUR ABILITY TO OBTAIN CREDIT OR AFFECT YOUR
CREDIT SCORE OR RATING
This disclosure wasn't included in the notice sent to me. I've never had a notice from a debt collector without it on it. Even if the debt was well within the S.O.L.
Did a little more digging since I couldn't find any information on the company online and them not being licensed In my state...
Turns out, global processing services had been banned from debt collection practices after an FTC Lawsuit for debt collection schemes that tricked people In to paying debts they didn't owe. In some instances, it was a debt that was valid at one point in time.