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Debt Collection Nightmare I Thought Was Closed!

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What is the name of your state?Missouri
Okay here is the scoop. I have posted on this specific problem once before. Brief synopsis. Twelve year old phone bill from when I was a minor living at home and in high school, my mother or my father put the bill in my name... Im certain of that now, not with my permission,obviously. A law firm about 6 months ago was harrassing me about it and I told them it was past the statute of limitation and not to contact me again yada yada yada. I also explained to them the situation. Obviously, they didnt care. They stopped contacting me. They said they would close it. Now I have another law firm contacting me about the SAME account. I told them the same thing. They refuse to stop calling me and told me they will call me every day until it is paid and continued to verbally assault me.I even tried to get them to give me information on how to have my parent's held responsible for the bill. They refused. What can I do to get them to stop calling me and harrassing me? Anyone have an idea why this was not closed? I am all for someone paying their own bills. This however was not my bill. I mean I was a minor how can I make a contract with the phone company? Any help would be fantastic.
 


JETX

Senior Member
howamidoing said:
I told them the same thing. They refuse to stop calling me and told me they will call me every day until it is paid and continued to verbally assault me.
There is nothing to prevent them from calling you everyday (other than harassment) UNTIL you do what is required by law. That is to send them (certified RRR) a 'cease and desist' LETTER (that means in WRITING). A sample letter can be found at www.creditinfocenter.com/forms/

What can I do to get them to stop calling me and harrassing me?
See above.

Anyone have an idea why this was not closed?
Because there is no such thing as 'closed' on debts. Someone can contact you and demand payment until hell freezes over.... then they will probably try to contact you in person.
 

AbFabUnsure

Junior Member
JETX said:
There is nothing to prevent them from calling you everyday (other than harassment) UNTIL you do what is required by law. That is to send them (certified RRR) a 'cease and desist' LETTER (that means in WRITING). A sample letter can be found at www.creditinfocenter.com/forms/QUOTE]

Could he not also send a Validation letter? If this is a law firm (I think probably its more likely a law firm which does business as a CA ) then they would need to validate. That way there would be nothing they could do.. no calls.. no harrassment.. no judgement until they validated. And if its NOT his debt and its SOL is up then they couldnt collect.

Try this link as well, as there is some good information in it:

http://www.fair-debt-collection.com/index.html

Good luck!
Abby
 

JETX

Senior Member
AbFabUnsure said:
Could he not also send a Validation letter?
He can send any letter he wants... but the ONLY relevant one will be a 'cease and desist', since the OP already knows the debt SOL has expired. Simply, no since requesting, or wasting time, on a verification for a debt that is KNOWN to be DOA.

If this is a law firm (I think probably its more likely a law firm which does business as a CA ) then they would need to validate. That way there would be nothing they could do.. no calls.. no harrassment.. no judgement until they validated.
That is what a 'CEASE and DESIST' letter means (and does)!

And if its NOT his debt and its SOL is up then they couldnt collect.
But it is his debt.... at least in his name. That is all a verification will do, is to verify that it is in his name.
 

AbFabUnsure

Junior Member
JETX said:
He can send any letter he wants... but the ONLY relevant one will be a 'cease and desist', since the OP already knows the debt SOL has expired. Simply, no since requesting, or wasting time, on a verification for a debt that is KNOWN to be DOA.


That is what a 'CEASE and DESIST' letter means (and does)!


But it is his debt.... at least in his name. That is all a verification will do, is to verify that it is in his name.
Validation.. NOT verification. With Validation they have to provide MORE than verification of it being in his name. And if, as he says and could prove, that he was a minor at the time, then it WOULD be null and void. The cease and desist would only stop the calls, correct?
Its good to stop the calls.. better to get it straightened out for once and for all so there are no more flashbacks :)
Abby
 

Veronica1228

Senior Member
AbFabUnsure said:
Validation.. NOT verification. With Validation they have to provide MORE than verification of it being in his name. And if, as he says and could prove, that he was a minor at the time, then it WOULD be null and void. The cease and desist would only stop the calls, correct?
Its good to stop the calls.. better to get it straightened out for once and for all so there are no more flashbacks :)
Abby
However, doing a DV letter will open up a whole new can of worms. They may be able to provide validation. This validation will show that the OP's parents opened this account in her name. Then the OP would have to prove that they did not authorize this account by filing a police report against her parents.

This entire process can take months and the OP will have the stress of turning in her parents etc. In the end, it is much simpler to send the C&D letter as Jetx suggested since the SOL has expired.
 

AbFabUnsure

Junior Member
Veronica1228 said:
However, doing a DV letter will open up a whole new can of worms. They may be able to provide validation. This validation will show that the OP's parents opened this account in her name. Then the OP would have to prove that they did not authorize this account by filing a police report against her parents.

This entire process can take months and the OP will have the stress of turning in her parents etc. In the end, it is much simpler to send the C&D letter as Jetx suggested since the SOL has expired.
Excellent point!
I stand corrected =-)
Abby
 

JETX

Senior Member
AbFabUnsure said:
Validation.. NOT verification. With Validation they have to provide MORE than verification of it being in his name. And if, as he says and could prove, that he was a minor at the time, then it WOULD be null and void.
Validation, verification.... semantics. And yes, the FDCPA uses the word 'validation'.

val·i·date
1. To declare or make legally valid.
2. To mark with an indication of official sanction.
3. To establish the soundness of; corroborate.

ver·i·fi·ca·tion
1. The act of verifying or the state of being verified.
2.a. A confirmation of truth or authority.
b. The evidence for such a confirmation.
c. A formal assertion of validity.
3. Law. An affidavit that attests to the truth of a pleading.

The cease and desist would only stop the calls, correct?
Nope. A 'cease and desist' stops them from doing anything.
From the FDCPA:
§ 805. Communication in connection with debt collection
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, 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.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.


Its good to stop the calls.. better to get it straightened out for once and for all so there are no more flashbacks
There can always be 'flashbacks'. The fact that the SOL on a debt has expired does NOT mean that no one will call. Some debt buyers purchase debt that is LONG dead... and still hope for that 1 in 100 debtors who will pay or reset the SOL clock.

And yes, you stand corrected... AGAIN!
 

JETX

Senior Member
AbFabUnsure said:
Oh my goodness <bats eyelashes> how manly and forceful of you =-)
Nawww. It just astounds me how someone who has little or no real knowledge or education can come on and try to offer advice to someone else.
Darlin', you have all of SEVEN posts (at this time) and you try to give help when you don't know about the subject.... or the FDCPA.
 
JETX said:
There is nothing to prevent them from calling you everyday (other than harassment) UNTIL you do what is required by law. That is to send them (certified RRR) a 'cease and desist' LETTER (that means in WRITING). A sample letter can be found at www.creditinfocenter.com/forms/


See above.


Because there is no such thing as 'closed' on debts. Someone can contact you and demand payment until hell freezes over.... then they will probably try to contact you in person.
Thank you JETX for your quick reply. I will send them that letter first thing in the morning. That is what I sent to the last law firm. After they receive that letter, what are my rights for having them not contact me? I dont know much about debt collection...as I pay my bills.This one, I feel, should not be my responsibility. Now what steps can I take to hold my parents responsible for this? My Mother says my Father did it and he of course says she did it. I no longer have a relationship with them because of things like this. I was a minor and I want this to go away, but I cannot afford to pay this as it is a high bill. Thanks again for everyone's help.
 

JETX

Senior Member
howamidoing said:
Thank you JETX for your quick reply.
You're welcome.

I will send them that letter first thing in the morning. That is what I sent to the last law firm. After they receive that letter, what are my rights for having them not contact me?
Answered in my later post where I cited the FDCPA, Section 805.

Now what steps can I take to hold my parents responsible for this?
Really nothing at this point. This happened TWELVE years ago. The time for anything to happen has long past.
 
JETX said:
You're welcome.


Answered in my later post where I cited the FDCPA, Section 805.


Really nothing at this point. This happened TWELVE years ago. The time for anything to happen has long past.
Thanks again, somehow I overlooked that post with Section 805, my apologies.
 

JETX

Senior Member
howamidoing said:
Thanks again, somehow I overlooked that post with Section 805, my apologies.
Not a problem. Good luck. I have a client whose parents abused the hell out of her credit.... from the age of 10. We are having to go back and try to clean all of THEIR crap out of her report. Not an enviable task.
 

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