Collection Calls

[bcsnbws]

What is the name of your state?What is the name of your state? North Carolina

My husband has been getting so many collection calls in the last week. They call and say he needs to call TODAY or action will be taken. So he called. Well they are trying to collect a debt for a car loan from 5 yrs ago. They tell him he has to make at least $100 payment. We can not afford that. I thought they had to accept what you could pay. As long as you are paying something. Also they say they are going to sue him and garnish his wages. Which he can not garnish his wages in our State for a car loan. We are just wondering what they really can do. They have not contatcted him in 3 years and they are now harrassing him again. Any help is good!! Thanks

 

[Ladynred]

They call and say he needs to call TODAY or action will be taken. So he called. Well they are trying to collect a debt for a car loan from 5 yrs ago. They tell him he has to make at least $100 payment.

GARBAGE, GARBAGE, GARBAGE.. topped with LIES !!

Their threat of a deadline is completely bogus, its the end of the month and collectors are looking to make their quotas to get their bonuses.

They tell him he has to make at least $100 payment.

In actuality, he doesn't have to pay them a single dime !! The statute of limitations in NC for all debts is 3 years. You say this debt is from FIVE years ago. If that's how long its been since he made any payments to the original creditor, then they are outta luck and on a fishing expedition and just trying to turn the screws.

I thought they had to accept what you could pay.

No, they do not, they're under no obligation to take anything less than the full amount owed. BUT in THIS case, they are not entitled to ANYTHING on an out-of-statute debt.

As long as you are paying something.

Sorry, that's just not true.

Also they say they are going to sue him and garnish his wages. Which he can not garnish his wages in our State for a car loan.

First of all they can't garnish wages for ANYTHING (except child support) in NC. This threat of garnishment is pure crap, plain and simple and its a violaiton of the Fair Debt Collection Practices Act (FDCPA) to threaten legal action they cannot take.

We are just wondering what they really can do. They have not contatcted him in 3 years and they are now harrassing him again.

They can't do squat ! If you have their mailing address, send them a cease and desist letter telling them they are never to bother him about the debt again as it is time-barred per NC statute. Here is a letter you can use specifically for this situation:

http://whychat.5u.com/nottoca.html

The NC statute you need for the letter is on that same site.

Basically you are telling them to get stuffed - permanently. IF they did try to sue, and its unlikely, then you have the defense of the expired SOL to have the case thrown out of court.

Do NOT talk to these morons on the phone. If you don't have an address, get it and then hang up on them. Send that letter certified, RRR and keep copies of everything.

 

[bcsnbws]

Thank you very much. I am still wondering about a lot. I think I should just contact a lawyer.

What exactly am I suppose to do with that form? I know I need to type it out, but what exactly is it for?

Thanks
**BCSNBWS**

 

[Debt Guy]

The purpose of the letter is to instruct the creditor to "cease and desist" --in other words "stop calling".

As LIR pointed out, the debt is out of statute assuming your last regular payment was more than 3 years ago.

 

[Ladynred]

You don't need a lawyer, not for this.

As for the letter, you need to copy it, make any changes to it that you need to make it fit your particular situation, fill in the NC statute numbers where indicated, then send the letter - certified, return receipt requested.

 

[TigerD]

This is the FTC STaff comments regarding Cease and Desist Letters:

Section 805(c) -- Ceasing communication. Once a debt collector receives written notice from a consumer that he or she refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease any further communication with the consumer except "(1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy."

1. Scope. For purposes of this section, the term "communicate" is given its commonly accepted meaning. Thus, the section applies to any contact with the consumer related to the collection of the debt, whether or not the debt is specifically mentioned.

2. Request for payment. A debt collector's response to a "cease communication" notice from the consumer may not include a demand for payment, but is limited to the three statutory exceptions.


You'll note that while people have described the Cease and Desist letter to be a silver bullet, you need to make sure that you are 100 percent correct in your understanding of the law, SOL and measures the CA will go to in order to collect. Sections two and three give the CA the right to immediately advance to the highest level they are willing to go to -- that could in fact be a lawsuit and attachment of assets. There are NO sure things in court and I can assure you that the attorneys the CA uses will be far better versed in the law and better prepared to argue in court than you, the layperson.

DC

 

[bcsnbws]

The bank has not contatced us "NONE" since he gave it back. It has been CA calling us. He gave it back between April and August of 2000. It has been 5 years since this happened. We heard from a CA in 2000 around December and the beginning of 2001. Never again until this year staring the 1st of July. So that is enough time for the state of NC?? Also, they can try and sue my husband, but he own "Nothing". He already has a judgement on him for a doctor bill, which is fine........because that has not been to long ago. I just want to know that I can "FOR SURE" send them this. I know it has been at least 3 years because it has been 5 years. I am just confused about what I need to write in the blanks. Am I suppose to send the letter to the Credit Bureau also?? Thank you both for your help. I need to hurry up and do this, because they are going to be looking for payment....so I will send this instead.
**BCSNBWS**