statue of limitation

[deidre]

What is the name of your state?This action is originating in the state of virginia

I recently contacted a debt counseling law firm to help clear up my credit,I had not
made final arrangements with them for representation.No sooner than I hung up from
them an older debtor called threatening to garnishee my pay, and also called my employer
wanting to know information about my job status,I had dealings with this company
in 2001, they claim 2002, I have not as yet made any payments to them ,They are threatening if payments not received by the 23rd of March they will take me to court,I am now in Philadelphia Pa they are located in Virginia, I would like to know if I am still liable
and if so,must I meet their dead line This was a pay day loan.

Deidre.

[Neal1421]

Originally Posted by deidre

What is the name of your state?This action is originating in the state of virginia

I recently contacted a debt counseling law firm to help clear up my credit,I had not
made final arrangements with them for representation.No sooner than I hung up from
them an older debtor called threatening to garnishee my pay, and also called my employer
wanting to know information about my job status,I had dealings with this company
in 2001, they claim 2002, I have not as yet made any payments to them ,They are threatening if payments not received by the 23rd of March they will take me to court,I am now in Philadelphia Pa they are located in Virginia, I would like to know if I am still liable
and if so,must I meet their dead line This was a pay day loan.

Deidre.

Yes, you are still liable. You should try to at least make arraingments to pay as you do owe the money. Whether it was 2001 or 2002, statue of limitations has not run out for the debt so the dates are irrelevant.

[chaz]

Originally Posted by deidre

They are threatening if payments not received by the 23rd of March

Know your rights. Learn to recognize abusive collection practices. Even if you owe a debt, a collector owes you fair treatment and respect for your privacy. Also, be aware that even if the collector's conduct does not exactly match the language of the federal Fair Debt Collection Practices Act, that collector may still be liable for its conduct.

Start and keep a file. At the first contact from a collection agency, start a file. Your file should include:

*Dates and times of phone conversations, pre-recorded messages the collector leaves on your voice mail, and when you send or receive correspondence.

*Notes of conversations along with the name of the collection agency employee.

*Copies of correspondence you send, as well as those you receive including envelopes. Collectors are supposed to give you written notice of the collection action five days after you are contacted by phone.

*Copies of messages that are abusive or overly intrusive.

There is no set time after which you will never be contacted again about a debt. Some debts are sold to other collectors even after being properly disputed. Keep all records regarding disputed debts indefinitely in case the debt comes back to haunt you, and you need to dispute it again.

Best of luck!

[Chien]

I don't like to make assumptions, but it seems sensible to assume that the reference to "older debtor" should be older creditor (?). If so, we don't know if it's an original creditor or a collection agency. As you read the responses, recognize that the FDCPA does not apply to original creditors.

When you speak of "dealings with this company", it's not clear whether you are referring to the debt consultants or the (assumed) creditor, so I'm going to make another assumption and treat "this company" as a creditor or CA.

A CA is not permitted to set a payment deadline that is logically inconsistent with your statutory right to request verification, but you've been dealing with "them" since 2001 or 2002, so I think that becomes a "non-issue". Moreover, an original creditor is entitled to call and tell you that a process server is at your front door - again, the March 23rd date appears to be a non-issue.

As Neal1421 explained, neither the SOL in PA or VA protects you, and the company's location in another state is no deterrent either.

You don't *need* to meet their deadline, but the best advice that I could give would be to make every effort to be responsive in some way. Contact them and, without divulging asset information, offering post-dated checks or that type of thing, discuss a feasible payment plan. They're likely to say no, but persist. It will cost them time and money to take and enforce a judgment.

Pay day loans aren't illegal in either PA or VA and weren't illegal in almost any state back in 2001. At the same time, pay day lenders are notoriously aggressive and you are unlikely to find a debt vehicle that carries a higher rate of interest. After 3-4 years, my speculation is that their claim of accrued interest is going to be astronomical. It's not going to be in your interest to try to dodge this until there's a judgment.

[ecmst12]

FYI - they can't garnish your pay until/unless they take you to court, and isn't it almost impossible to get wages garnished for a judgement in PA? I remember reading that somewhere on this board.

Not that you shouldn't try to pay, but that was a silly threat.

[Ladynred]

Wages cannot be garnished in PA for this type of debt. Child support and a few other things only.

them an older debtor called threatening to garnishee my pay, and also called my employer wanting to know information about my job status,

The older CREDITOR (YOU are the debtor) made a threat that is a violation of the FDCPA - threatening an action that they cannot legally take. No garnishment can occur w/o suing you first and they can't garnish in PA anyway.

They are threatening if payments not received by the 23rd of March they will take me to court,

Hogwash. Collectors LOVE this tactic of the bogus 'deadline' .. he's full of crapola.

I would send them a cease and desist letter telling them to get lost, the debt is time-barred, past the 4 year SOL of PA. While some may argue about the tolling of SOLs, you ARE in PA and this CA likely hasn't a CLUE that the debt originated in VA.

[chaz]

Originally Posted by deidre

and also called my employer wanting to know information about my job status

Collectors are not suppose to call an employer unless you have given permission.

EDIT: Made a typo, Collectors instead of Creditors.

[Chien]

Originally Posted by Chaz
Creditors are not suppose to call an employer unless you have given permission.

OP - Because you have yet to respond, it has yet to be established whether the "older debtor" (sic - creditor) is an original creditor or a CA, but it appears assumptions are being made notwithstanding.

If that is to be, at least let's be correct about THAT information, before you rush to file suit.

As a debt collector, if I wish to call the HR department of your employer to verify employment prior to initiating a wage levy, there is nothing in the FDCPA that prohibits the call or requires your permission for that limited purpose. Your post states "they" "called my employer wanting to know information about my job status". Others can read what they wish into that.

A debt collector is prohibited from calling YOU at work, if the collector knows or has reason to know that such a call is proscribed by your employer, and that places the affirmative obligation on you or your employer in the first instance.

And, as stated above, the FDCPA does not apply to original creditors, so how you're using your terms remains relevant to this whole thread.

[chaz]

Originally Posted by deidre

No sooner than I hung up from
them an older debtor called threatening to garnishee my pay, and also called my employer
wanting to know information about my job status

I just re-read the OP. Aren't you the debtor? I'm confused!

[chaz]

Originally Posted by Chien

OP - Because you have yet to respond, it has yet to be established whether the "older debtor" (sic - creditor) is an original creditor or a CA, but it appears assumptions are being made notwithstanding.

I was not stating based on assumption. Purely informative. Whether it was a CA, DB, Creditor, etc... Doesn’t matter. The facts remain the same, DBs / Collectors cannot call an employer to threat, harass, and/or annoy.

[Chien]

If you continue to edit and to change the premise, you'll get it right.

Do you think that calling the employer to verify employment requires permission?

Do you mean that, with the consumer's permission, the debt collector can call the place of employment and threaten, annoy or harass the consumer?

Actually, nobody can call to threaten, annoy or harass another. That's why we have injunctions. And this thread has gone off the rails. The OP's questions were about liability and meeting a collector's deadline. She has gotten answers. Lock it up.

[chaz]

Originally Posted by Chien

If you continue to edit and to change the premise, you'll get it right.

Do you think that calling the employer to verify employment requires permission?

Do you mean that, with the consumer's permission, the debt collector can call the place of employment and threaten, annoy or harass the consumer?

Actually, nobody can call to threaten, annoy or harass another. That's why we have injunctions. And this thread has gone off the rails. The OP's questions were about liability and meeting a collector's deadline. She has gotten answers. Lock it up.

I've made one EDIT and you state that I "continue to edit and change the premise". How do you come up this determination? Please enlighten me based on how ONE edit justifies your above observation.

Chien, why do you continuously post irrelevant non-sense? We hardly see a point in your last post other than to call out my error. This had already been acknowledged in my post. Hence, the 'edit' memo at the bottom of my post.

Though it's not probable... if a debtor gives permission, a collector may call his/her work, and then the DB has grounds. However, I hardly think this is the case in the situation.

[Ladynred]

Not that Chien needs my help, but there is NO restriction in the FDCPA that says a collector can't call an employer to 'verify' employment. What they can NOT do is reveal any details of the person's debt or even disclose that they ARE a collection agency, that would be a violation.

§ 805. Communication in connection with debt collection

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.
Without the prior consent of the consumer given directly to the debt collector or the
express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt:

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication

(b) COMMUNICATION WITH THIRD PARTIES.
Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

There is nothing else in the Act that addresses calling an employer. The notice to a collector that they cannot call at your work place must be in writing, even though the FTC says it's not necessary, it won't hold up verbally.

[debtcollector`]

Originally Posted by deidre

I recently contacted a debt counseling law firm to help clear up my credit,I had not made final arrangements with them for representation. No sooner than I hung up from them an older debtor called threatening to garnishee my pay, and also called my employer wanting to know information about my job status,I had dealings with this company
in 2001, they claim 2002, I have not as yet made any payments to them ,They are threatening if payments not received by the 23rd of March they will take me to court,I am now in Philadelphia Pa they are located in Virginia, I would like to know if I am still liable
and if so,must I meet their dead line This was a pay day loan.

Is it possible that the call was made by someone at the debt couseling company in order to encourage you to use their service?

While, I will admit that there are bad collectors and bad agencies out there -- even bad collectors have the sense not to commit four egregious violations in a single call. Given the timing and my knowledge of the various debt relief companies, I think it may be more plausable that the call came from them than a real collector.

That said, I am now going to address your question and attempt to clear up the confusion caused by the uninformed. LNR and Chien got it right. Here's how this works:

1. A debt collector may not make threats to collect a debt. A threat is any action that the collector do not intend to take or is not legally able to take.
2. A debt collector can attempt to reach you by phone anywhere on God's green Earth, but he may not continue calling you at work if he has reason to believe that your employer doesn't allow to accept collections calls.
3. A collector may seek location information from anybody he thinks will have it. This means they can call your mother. They cannot call your mother more than once, unless they reasonable believe they she has given them inaccurate and or incomplete information and has the correct information.
4. A collector may seek employment verification. They may not discuss your account without your permission to do so.
5. Blindly following Chaz's advice could be very costly for you or anyone.

DC

[chaz]

Originally Posted by Ladynred

Not that Chien needs my help, but there is NO restriction in the FDCPA that says a collector can't call an employer to 'verify' employment. What they can NOT do is reveal any details of the person's debt or even disclose that they ARE a collection agency, that would be a violation.



There is nothing else in the Act that addresses calling an employer. The notice to a collector that they cannot call at your work place must be in writing, even though the FTC says it's not necessary, it won't hold up verbally.

Thanks Ladynred, I was going to post what you posted to help prove a point to Chien, but didn't feel like wasting the energy. I think she knew the debtor is not suppose to call the debtor at work and/reveal details without prior consent of the debtor.

The OP never came back to clear up some of the question of this thread, so I guess it doesn't matter anyhow.