New York State different?

[Ann1937]

What is the name of your state?What is the name of your state? NY

This was in today's New York Daily News by Asa Aarons.

Letter will close the book on phony 1980s charges

Fraudulent charges made 20 years ago have suddenly come back to haunt Nancy Olavarria. The Bronx woman is getting collection notices about unauthorized charges on a credit card account she closed in the 1980s.
Although there is no record of the debt on her credit report, Olavarria is worried the debt-collection agency will now report it - and tarnish her excellent credit.

The federal Fair Debt Collection Practices Act regulates debt collection and spells out your rights when a collector calls. The law applies to all personal, family and household debts.

In Olavarria's case, the debt in question is fraudulent. In addition, the statute of limitations - six years - has already expired. Her best bet is to tell the debt collector to stop further contact.

Any consumer can stop contact from a debt collector by writing a letter to the collection agency and asking for an end to calls, letters and other contact. Send a letter via certified mail, return receipt requested, requesting an end to all calls.

Once the agency receives the consumer's letter, it cannot contact the consumer again except to say there will be no further contact, or to alert the consumer to specific action, like a lawsuit. In this case, since the debt is so old, the debt collector cannot file a lawsuit.
If a debt collector violates the law, the consumer has the right to sue in state or federal court within one year from the date of the violation. The wronged consumer could win money damages, as well as costs and attorneys' fees.

If you live in New York City, you can file a complaint about debt collectors or debt collection agencies with the NYC Department of Consumer Affairs at 311 or at [url]www.nyc.gov/consumers[/url].

You can call the FTC's Division of Credit Practices at (202) 326-3758 or file a complaint online at [url]www.ftc.gov[/url].

You can also report problems to your state attorney general's office. In New York State, the number is (800) 771-7755 and the Web site is [url]www.oag.state.ny.us[/url].

My question is: From what I have read on this site they can still sue but the SOL is the defense used in court by the debtor. Is it somehow different in New York State?

[seniorjudge]

Originally Posted by Ann1937

What is the name of your state?What is the name of your state? NY

This was in today's New York Daily News by Asa Aarons.

Letter will close the book on phony 1980s charges

Fraudulent charges made 20 years ago have suddenly come back to haunt Nancy Olavarria. The Bronx woman is getting collection notices about unauthorized charges on a credit card account she closed in the 1980s.
Although there is no record of the debt on her credit report, Olavarria is worried the debt-collection agency will now report it - and tarnish her excellent credit.

The federal Fair Debt Collection Practices Act regulates debt collection and spells out your rights when a collector calls. The law applies to all personal, family and household debts.

In Olavarria's case, the debt in question is fraudulent. In addition, the statute of limitations - six years - has already expired. Her best bet is to tell the debt collector to stop further contact.

Any consumer can stop contact from a debt collector by writing a letter to the collection agency and asking for an end to calls, letters and other contact. Send a letter via certified mail, return receipt requested, requesting an end to all calls.

Once the agency receives the consumer's letter, it cannot contact the consumer again except to say there will be no further contact, or to alert the consumer to specific action, like a lawsuit. In this case, since the debt is so old, the debt collector cannot file a lawsuit.
If a debt collector violates the law, the consumer has the right to sue in state or federal court within one year from the date of the violation. The wronged consumer could win money damages, as well as costs and attorneys' fees.

If you live in New York City, you can file a complaint about debt collectors or debt collection agencies with the NYC Department of Consumer Affairs at 311 or at [url]www.nyc.gov/consumers[/url].

You can call the FTC's Division of Credit Practices at (202) 326-3758 or file a complaint online at [url]www.ftc.gov[/url].

You can also report problems to your state attorney general's office. In New York State, the number is (800) 771-7755 and the Web site is [url]www.oag.state.ny.us[/url].

My question is: From what I have read on this site they can still sue but the SOL is the defense used in court by the debtor. Is it somehow different in New York State?

Why do you think Asa Aarons knows anything about debtor-creditor law?

[Chien]

I'll give you the short answer, because the long answer is far too long.

On the other hand, if you're willing to read (and even interpret) 50-60 state and federal decisions that go all over the board, PM me and I'll give you as many of those citations as I can. If you're not willing, rely on the Board.

Not all states have their own Collection Acts. In fact, it's the substantial minority.

California has one and its Supreme Court says that Mr. Aarons is wrong. New York doesn't have one, so maybe only I think Mr. Aarons is wrong.

But there is a HUGE murky area that has yet to be conclusively decided.

Have Federal Courts, looking at cases in states that didn't have state "FDCPAs" ruled that the FDCPA is violated when a debt collector knowingly sues a consumer on an obviously time-barred debt? Yes. (and the underscoring is mine.)

Have courts in states with their own FDCPAs gone the other way? I've told you so.

Is the FDCPA pre-empted by state versions that are even more rigorous that the Federal statute? Yes.

Has the issue ever been decided by the US Supreme Court? No.

So, for the moment, unless you prefer "Maybe. How much time and money do you have to spend to find out?", I like my answer and SJ's.

But, again, if you want to read those cases, let me know.

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I don't want to be too hard. I'll give Mr. Aarons the benefit of journalistic license (but be careful if it actually ever applies to you).

[Ann1937]

The New York Daily News makes this claim about Asa Aarons:

Asa Aarons is an Emmy Award-winning consumer reporter. His reports focus on the problems, concerns and realties of everyday life, ranging from false advertising claims to credit card rip-offs and business swindles. You can read his column in The News on Monday, Tuesday, Thursday and Friday, and watch him daily on WNBC-TV.

I thought he was giving New Yorkers wrong information and someone should straighten him out if he were wrong. Sorry

[Chien]

Like I said, journalistic license.

A little bit right, a little bit wrong, a little bit "maybe". But interesting.

He didn't win Emmys writing responses like we gave you.