Collection Agency Harassment

[treeboss]

What is the name of your state? Maryland
A collector has been calling and harassing my mother, where I have not lived for almost 5 years. I was out of the country so my fiancee called him to tell him we got the message, not to call my mother anymore, and I would call back when I returned. He told her this was none of her business, to tell me not to keep trying to avoid my debts and yelled at her when she asked he stop threatening my mother! Then hung up!
The collector called my mother again, the following week. Threatened..."he better call back by the close of business or else." Gave only his "name" (Sam Stone!!) and number and hung up.
When I returned I called. Not only was the name he gave not real, the name of the company he worked for changed three times in the conversation. When I finally found out what the debt was about (something 4 years ago I was not immediately aware of), he said I was just another "arrogant deadbeat" who wouldn't pay his bills..."You're sued" he said, then hung up.
No paper notice, no address to send any inquiry to and now no one at the number I have will give me any further info. Of course, I will pay if I owe but, isn't there some kind of law requiring true identity be used, as well as payment instructions, name of the collector, etc?
I know his behavior won't absolve any debt I may owe however, there must be recourse to prevent him from taking his job to this level?
Please advise

[Ladynred]

There is, but you're going to have to have an address. You need to send a Cease and Desist letter to make them stop calling altogether and communicate with you only by mail. Its also possible that this is another of the collection SCAMS going around. If they won't give you mailing information, they its probably a scam. There are ways to locate whether or not this is a real CA and ways to get an address.

Clearly this scumbag has violated the Fair Debt Collections Practices Act, and you can actually sue THEM for their violations. Go to [url]www.ftc.gov,[/url] then Consumer Protection, then Credit and look for and read thru the FDCPA to learn what your rights and the CA's limitations under the law are. Threatening a lawsuit, unless they truly intend to follow thru is a violation, so is being abusive.

Somone else may have heard of this CA as well. If you go over to [url]www.cardreport.com[/url] and to their discussion boards, post the company name(s) and someone there will most likely come up with an address.. IF they are legit. One thing to note that is quite common, most CA employees use aliases and not their real names. I think they're afraid someone will come and punch them out if they give their real names.. and its legal too !!

One more thing to consider.. the SOL on this debt may have expired and in that case they can't do squat to you anyway !!

[treeboss]

Thanks for the input. I will write the letter asking for validation of the debt, first. In the meantime, if the SOL has run out, should I then notify the CA that I know this? Will this continue to show on my credit report anyway? Does the SOL, in Maryland, for medical bills fall under the same "written agreements" or "open accounts" limits (they are the same)? How do student loans get categorized? Should I notify another collector of this knowledge for an outstanding 1991 collection showing on my credit report?
I am just beginning to learn how to read and ammend my credit report and these will show as adverse but, if they are "expired", so-to-speak, is there any way to correct my report to reflect this?
Again, thanks!

[Ladynred]

Do NOT mention anything about the SOL to the collector. If it hasn't run out, they could accelerate collection activity if they know you've become informed and you could stall them until it does. Just send the validation letter for now. Keep your knowledge of the SOL to yourself... for now

The account will stay on your credit report until the 7 years for reporting is up. If there's nothing happening to reactivate the account.. like a payment, then it will fall off your report. There isn't anything you can do to make them come off before that, sorry.

Medical bill.. yes.. falls under the same SOL.

The 1991 collection has most certainly expired if you haven't paid anything on it in more than 3 years.. the SOL in MD for everything except Promissory notes, which is 6 and does not apply here.
IF they try to collect on this or threaten to sue you for it, the SOL is on your side. If a CA contacts you for this one, you send them a Cease and Desist letter, certified, rrr, and tell them never to contact you again about the debt as the SOL has expired. Generally they'll go away.

Student loans are different.. they will stay with you practically forever, the SOL's don't apply.

[treeboss]

Well, actually two, sorry!
If Chapter 7 was filed in 94 and I, unfortunately, was granted medical disability in 98, can I appeal to the Dept. of Ed about this student loan?

[Ladynred]

I don't know that much about the ins and outs of student loans, but I've seen in other posts where people have been able to deal with the Dept of Ed. I believe they have hardship arrangements, and not being able to work because of a medical disability would certainly apply.

Try posting this question over at [url]www.creditinforcenter.com[/url] or [url]www.cardreport.com[/url] and see if someone there can answer this one.