Debt Collection Call

[laffnatu2]

What is the name of your state?NC
I received a call at work today from a collection agency today stating that I owed them $321. The collection agency was S&S Inc. They wanted payment over the phone for a bill I was not aware of. I asked for their address and they said that they do not have an address that they only accept payment via phone or Western Union. He told me that I had 24 hours to contact him back concerning payment in full on this account or it would be turned over to their lawyers. The guy gave me a phone number to call the original creditor but they said they couldn't help me with any questions since it was turned over to CA.
I joined a free credit reporting program today just to find out what this is about. When I looked on my report it said that it was opened in 12/7/2001 and was charged off. It said Profit and Loss Write Off.
I talked to the CA again and they won't give me their address. I told them that I was not paying for something I was not aware of and esp. not over the phone.
Anyways, to make a long story short... What is profit and loss write off and how can I go about finding the address for this company to request a validation?
Thanks for any help

[Tayla]

Bravo!!! For questioning the legitimacy of the debt. Tell them you refuse any future phone contact and they may commence by sending you the required debt validation documents so you can make an informed decision. After which you'll take said documents to legal counsel for review. If they ask for your current address tell them it should be on the paperwork they have on you! Make them do the leg work.

[cmorris]

I think it is S & S Recovery, Inc.

S & S Recovery, Inc.
5739 Stage Rd #105
Memphis, TN 38134
(Yahoo Map)

General Information

Original Business Start Date: December 1984
Principal: Mr. E.P. Sisson, President
Customer Service Contact: Mr. E.P. Sisson, President
Phone Number: (901) 386-0710
Fax Number: (901) 386-2904
Membership Status: Yes
Type-of-Business Classification: Collection Agencies

I got this from the BBB website. Get out the validation letter, certified mail return receipt, ASAP. Also include to only contact you by mail. Do not sign your name, just type it. Good Luck!

[cmorris]

Also, you want to know about the statute of limitations (SOL) for NC.

STATE: NORTH CAROLINA

INTEREST RATE
Legal: 8%
Judgment: 8%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3
Sale of Goods: 4
Written Contract: 3
Domestic Judgment: 10
Foreign Judgment: 10

Note that open accounts are credit cards. This may be useful to you when and if the CA sends proper validation. Once they receive your debt validation letter, they cannot continue collection activity, including reporting to your credit reports (unless as disputed). Also check to see if they are licensed and/or bonded for your state.

[laffnatu2]

Thanks for all the help. I will check into sending the validation letter to them.
This debt is for a Bank. He said that it may have been for a line of credit through an old checking account. What kind of account would this be? An open account? I know that I didn't have a credit card with this bank, but I did have a checking account several years ago.
Thanks

[cmorris]

Without knowing the details of this debt, it is hard to say. That is why validation is so important! Regardless whether it is open or written contract, the SOL is 3 years. Check out [URL=http://www.creditboards.com]creditboards.com[/URL]!

[laffnatu2]

Thanks CMorris,
I am getting the validation request out today.
I called the phone numbers with the info from S&S Recovery that you posted for me and it is the same company. I had searched for the company but it never crossed my mind to check BBB.
Thanks again for the help!

[laffnatu2]

I sent out the validation request today.
Around 3pm this afternoon S&S faxed my employer to verify employment. They wanted location, date of hire, job title etc. My employer came to me to ask about this with the paper in hand. I told him what happened yesterday and told him that I sent out a validation letter today. He said the guy called the other day asking for a fax number and was giving him a hard time about it. Anyways they handed me the faxed request and they did not reply to it. My boss seemed to think that they are requesting this info so to garnish my wages.
This may sound like a dumb question, but where is the verifying employment leading to?
Thanks for any help in advance

[ihatearizona]

What exactly did the fax state? Did the collector discuss your debt with your employer in any way?

Sounds like this dirtbag might be overstepping the law.

They cannot garnish your wages unless they have a judgment against you.

[laffnatu2]

The fax says :
Att: Personel Dept
Whom It May Concern:
Please verify employment on:
(My name and SS#)
Currently employed check yes or no:
Job Title:
Location and Address of Employment:
Date of Hire:
Please reply via fax or mail to above address.

My boss didnt say that he discussed this with him. Only that the guy called giving him a hard time asking for the fax number. I told my employer about the phone call I received yesterday asking for $321 over the phone for something I wasn't aware that I owed. My employer told me that if the guy called again that he would tell him not to call there again.

[ihatearizona]

Does it state anywhere on there that this is a collection effort?

[laffnatu2]

The cover page states on the bottom that the pages of this fax contain confidential information. And is intended solely for the use by the above named individual. If you received this fax in error to call them.
It doesn't say anywhere on it that it's an attempt to collect a debt.

[ihatearizona]

I've been trying and trying to find a web link to see if S&S is licensed in NC to no avail. I was able to find out that they must be licensed in NC to attempt collection. Something tells me they may not be licensed in your state.

I think at this point you have done all you can do with the DV and limited cease and desist. Now you'll just have to wait to see if they validate.

[laffnatu2]

Thanks for your help.
The verify employment has me somewhat worried. All kinds of stuff going through my head, like empty my bank account just in case it gets frozen.
I am probably worrying myself for no reason.
I have looked up garnishments for NC and they only garnish for tax, ambulance etc. How does this work for a judgment if this comes to that?
We recently bought a house and we didnt run into this with our mortgage lender but it seems as though this one came out of the woodwork.

[ihatearizona]

In order to get ANYTHING from you they would have to take you to court and receive a judgment. From the previous posts it appears that the last payment you sent on this debt was in 2001. The SOL in NC is 3 years.

If they try to sue you, you can use the SOL affirmative defense and they wouldn't win.

You should check (just to be on the safe side) to see if they have already received a judgment against you (although I doubt it due to your recent purchase of a home) - (this may have been what set them off on you).