12 year old debt coming back to haunt me

[nolow]

What is the name of your state? Fl

I have been getting harassing messages on my answering machine from a debt collector. The bad thing about it is they don't even give their name or phone number. I don't think the message is meant to be left on the answering machine. It is prerecorded and says in a very stern and pissed off voice that they have been trying to get a hold of me for a long time and that they need to talk to me immediately. It then says press 9 to talk to someone. Well, I called the number on the caller ID. The rep I talked to said that the are calling about a debt that went delinquent back in 95. I have since removed it from my credit reports. The statutes of limitations has expired (4 years in Florida) and I didn't move so it hasn't tolled. I told her that she has no legal recourse to collect and she said she did. I said you can sue, but I will use statute of limitations as my defense. She said she could sue tomorrow. I said then do it. She then said that she wanted to collect and was not interested in suing me. I said well without any legal recourse and the fact that you can't report it to credit bureaus. Why should I pay the inflated debt amount to a third party debt holder. She said that she can report me to the credit bureaus for 30 or 40 years. This has to be a violation of the Fair Debt Collection Practices Act. Rigt???

[nolow]

I called back and the person that picked up this time gave me a hard time. I was trying to get an address to send a cease and desist letter. He stated that even if I send a letter they can keep collecting. I said you can't call me anymore though, and he said that they could. I then asked for a supervisor and he said he was the supervisor. ERRRR..... This guy made me angry. I then told him that the other rep told me that they had legal recourse and could report me for 30 plus years. He said that they can. I then said well the statute of limitations has expired, and he said what is that. Man, I have to admit that I used a lot of profanity. I know that doesn't get issued resolved, but I was really really getting pissed at this guy. When I asked for the address, he said which one. I said the one I send the cease and desist letter to you $*#&.

[nolow]

OK... I finally talked to a manager. She was more knowledgeable. She couldn't believe that they were saying these things. She said they are a new company. She told me that the reps meant that it would stay in the credit bureaus database for 30 plus years, but it would not show up on my credit report. She couldn't believe that they told me that they have legal recourse on such a old account. I think she was being fake, but I couldn't tell. She said that they tell people that they have no legal recourse and can no longer report them and people just pay the debt because they realize they made a mistake a long time ago and want to make amends. Well, I am going to send a RRR cease and desist letter tomorrow. What else can I do? These people are really misleading people. Also, what is the legality of recording my phone calls with companies/people? Do I have to notify people? The manager said she would review the tapes as all conversations are recorded. The never told me I was being recorded and I feel kind of like an jerk for cursing. I was also planning on getting a device that records phone calls, so I can keep a record of incidents like this. Is this legal?

[chellecha]

the laws about recording phone calls vary by state. hopefully your cease and desist letter will work and they'll stop calling. usually when a collection agency sees that you know the law they will leave you alone although some will try anything (legal or not) to get you to pay up.

[Ladynred]

She said that she can report me to the credit bureaus for 30 or 40 years. This has to be a violation of the Fair Debt Collection Practices Act. Rigt???

You better believe it is ! And that threat to sue when they clearly have no intention of doing so is also a violation of the FDCPA.

usually when a collection agency sees that you know the law they will leave you alone although

That is not at all true. How many times a day do you think they hear "FDCPA" from debtors -- not enough - but it's rarely going to stop them, they just keep right on steamrolling people. Since the FDCPA has few teeth, they brush off the usual cost of their violations as a cost of business.

[Pirate88179]

I was contacted, by summons, that I was being sued for an "alleged" debt that was from over 7 years ago. I was never contacted prior to this. I answered the summons based upon what an attorney friend told me. (Kentucky is my state) I denied all allegations and applied the affirmative denfence of cr4.03 and also stated that, if this was a real debt, it was beyond Kentucky's statue of limitations on credit card debt. I also asked to be supplied with proof, if any, that this was my debt.

The summons was in March of this year. I answered. No word until now. they, an attorney firm, says they are asking for a summary judgment because I did not offer any legal reason as my defense. They quoted Steelcase but left out the part of the appellate court decision that states that a summary judgment is only applied when there is no chance the respondant would prevail in court. How can they do this when they are obviously beyond the 5 year sol in this state? The Federal law says that they can't even attempt to collect this debt without sanctions. Don't they know this? Can I just file a motion to dismiss based upon failure to prosecute? They said in their letter that once they file this motion for summary judgment, there is nothing I can do to reverse it. No day in court? Where is due process? I am broke or I would have hired an attorney on this a long time ago when I first received the summons. they say they can garnish 80% of my income. If they do this, I will go to jail for not paying my child support. Any advice would be greatly appreciated. they said I have less than 2 weeks.

Bill

[TinkerBelleLuvr]

don't hijack this thread. start your own.

[Pirate88179]

How do I start a new thread? I have looked all over the site and can't find out how to do it. Let me know please and I will do so. Thank you.

[Ladynred]

Go back to the Debt Collections main forum area.
At the upper left side, there is a BLUE BUTTON that says "NEW MESSAGE" - click it, start your own thread.

[stevenbrett]

If a debt collector says they are going to do something they better have full intentions of doing so or they are harrasing you and you can get them for that, ask dog the bounty hunter about phone calls being recorded!

[debtcollector`]

Originally Posted by stevenbrett

If a debt collector says they are going to do something they better have full intentions of doing so or they are harrasing you and you can get them for that, ask dog the bounty hunter about phone calls being recorded!

Oh boy another know-nothing quoting Dog-the-Bounty-Hunter instead of laws and court cases.

Is asking you to learn something about the subject prior to sharing to much to ask? Really?

DC

[Fizzle1979]

Originally Posted by nolow

OK... I finally talked to a manager. She was more knowledgeable. She couldn't believe that they were saying these things. She said they are a new company. She told me that the reps meant that it would stay in the credit bureaus database for 30 plus years, but it would not show up on my credit report. She couldn't believe that they told me that they have legal recourse on such a old account. I think she was being fake, but I couldn't tell. She said that they tell people that they have no legal recourse and can no longer report them and people just pay the debt because they realize they made a mistake a long time ago and want to make amends. Well, I am going to send a RRR cease and desist letter tomorrow. What else can I do? These people are really misleading people. Also, what is the legality of recording my phone calls with companies/people? Do I have to notify people? The manager said she would review the tapes as all conversations are recorded. The never told me I was being recorded and I feel kind of like an jerk for cursing. I was also planning on getting a device that records phone calls, so I can keep a record of incidents like this. Is this legal?

Search the internet for wiretapping and eavesdropping laws by state.