collection agency threat

[matrix007]

What is the name of your state? FL

I had a collection agency that has been calling me for a deabt I have with them that was originally 1500.00, due to fees penalties ect...it is now close to 3500.00

I have explained to them that I will pay them once I can get some cash flow together, but they are say they are going to "prosecute". I no longer live in the U.S., but they are calling my father who does still reside there, telling him all kinds of horror stories.

Can someone tell me what exact legal action they will be taking, and what this has to do with my father.

thanking you in advance.

 

[cmorris]

What is the name of your state? FL

I had a collection agency that has been calling me for a deabt I have with them that was originally 1500.00, due to fees penalties ect...it is now close to 3500.00

**And what is it for (cc, medical, etc) and how long ago?

I have explained to them that I will pay them once I can get some cash flow together, but they are say they are going to "prosecute". I no longer live in the U.S., but they are calling my father who does still reside there, telling him all kinds of horror stories.

**Stay off the phone. Send them a cease and desist letter (only contact you by mail). They can only call your father ONCE to find out your location.

Can someone tell me what exact legal action they will be taking, and what this has to do with my father.

thanking you in advance.

Send the letter, certified mail return receipt requested. Tell them not to contact your father and only you by mail. If you are out of the US, I'm not sure what they can do. But the SOL will likely "freeze," unless it is already out of SOL. If they are repeatedly contacting your father and telling him about the debt, they are violating the FDCPA. You could possibly use that (if true) to "settle" the debt (depends on # of violations, and any other possible violations). But then, if you are out of the US, they will likely not take this seriously.

And then again, with you out of the US, maybe the FDCPA doesn't apply? Anyone else have other thoughts?

 

[matrix007]

Harassing Family

It was for a credit card debt.

I go back to the states rarely (when I can afford it), but other than that, the debt is from 2000, July, when I moved abroad.

thank you for the advice, and I will look for other post to this.

 

[cmorris]

Florida
STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 4
Written Contract: 5

Source: http://community-2.webtv.net/YCHANGE/STORAGE/page16.html

IF (a big if) the SOL is not "frozen," it is out of SOL (cc are open acct's). Do you have any assests of property in the US?

 

[matrix007]

Harassing Family

No I have nothing in the states, only friends and family....my main concern. I will be more than happy to pay whatever I make from here until the day I die, but I want to make sure that no one else is harassed.

Not sure if I understood what you posted regarding the sol. Am I now out of it? Maybe the reason that they are pushing me so hard. Want to make sure I make a payment of some sort, to get the clock ticking again. the worst part is, if I could make any payment right now I would.

 

[cmorris]

Had you stayed in Florida, the statute of limitations (SOL) would have run out this past summer. However, some states "freeze" (or stop) it if you leave the state.

But if you lived the four years in FL (2000-2004), the debt would be out of statute.

I'm not sure if FL "freezes" it or not. But you could send a letter, CMRRR, anyway. Tell them the debt is time-barred and not to contact you or your family again. It may work. Regardless, you should tell them, in writing, to contact you only in writing.

Another option: send a letter, CMRRR (notice a pattern?), asking for validation. They cannot continue collection activity (including reporting to the credit bureaus w/o marking in dispute) until they do so. And proper validation is NOT a computer printout.

Try creditboards.com

 

[Ladynred]

You may not be in the US, but your father is and blabbing about YOUR business to anyone but YOU is a violation of the FDCPA. They have NO RIGHT to be talking to your father. With you out of the country there's not anything they can do to you.

I'd send the C&D letter and note their violations of the FDCPA which THEY must abide by.

Your father might want to also file a complaint with his state's Atty. General and the phone company for the harrassment.