excessive phone calls.

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Complaint

0
Michael D Paydon
Country: United States
I am disabled and in a wheelchair since 2001 from a stroke. I live on Social Security. I had debt back then but could not pay, but not to these people. It has been ten years.

Comments

  • 0
    Lenzmaniac
    I am Michael's friend. They call his phone all the time. Isn't there a limit to the amount of time after you default on your debt that they can call you? They must have purchased his bad debt from someone else.
  • +1
    tj
    There is a statute of limitations on how long after a debt (or other contract) has been defaulted on that the other party can sue.  If they sue after the SOL, then you can raise SOL as an affirmative defense, and the court will throw out the case.

    In many states, SOL is less than 10 years.  It may be as short as 3 to 4 years.

    Debt collectors collecting on old OOS (out of statute, past the SOL) debt often attempt to use threats and harassment to get some minimal payment on the old debt, which depending on state law, can reset the SOL, and again allow them to sue.  

    PRA collects primarily on very old debt.  This is one strategy they employ, so you frequently find complaints against them of harassment and abusive collection on very old debts.

    Check with your state Attorney General regarding the SOL on this type of debt in your state.  If the SOL has run, then they cannot sue you, or if they do, you can both get the case thrown out, and possibly countersue for violations of FDCPA.  

    IF SOL has run DO NOT PAY ANYTHING, and DO NOT AGREE TO ANYTHING.  State law varies, but you do not want to reset SOL, allowing them to sue.  In fact, there is no reason to be talking to them on the phone anyway, as it will resolve nothing.

    They should have sent you a letter notifying you of the debt, and of your right to dispute it.  Send a letter, mailed certified, disputing the debt and requesting validation.  Include in that letter that it is inconvenient for you to receive their calls at any time.  After receipt of this letter, it is a violation of FDCPA for them to continue calling, and you can sue them.

    Once you verify that the debt is past SOL, send them another letter, again mailed certifed, notifying them to cease communications.  After receipt of this letter, it is a violation of FDCPA for them to contact you again for any reason other than to notify you of a legal action, or that they will cease collection.

    If you have any further harassment or collection attempts after that, file a complaint with your state AG, and contact a consumer attorney.  You might try www.naca.net

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