A "collection" company Pallisades New York call with intimidation on a 12 year old discharged debt?
Answer:
If the debt was removed 12 years ago the only reason anyone might still be trying to collect is that the company who discharged it failed to properly document that and sold it off to a collection group for cash on the dollar. (Sometimes its an accident, other times they do it to collect at least something while sticking the other company with an uncollectable debt.)
I believe that in California the law says that after two years after the debt was incurred they are prohibited from bringing the case to court, I believe they are still permitted to call you until the debt is paid or discharged.
There are also documented cases of fraud where someone gets court records of a debt and collects, in in part or in full, even though they are not related to the creditor. So the victim pays the money but they are not settling the debt. Your case could be a fraudster "fishing" for unearned money.
Your lawyer is correct. I had a similar situation come up.
I had my pre-paid lawyer send a letter stating this.
Listen to your lawyer. If they call again, record the conversation and report them to the federal trade commission.
First of all, almost every law concerning debt collectors are written in your favor. (Debtors vote, collection companies don't, got it now?)
Your attorney is correct, in that you may demand that a debt collector not call you. If they do, after you have notified them not to, they are subject to fines.
I am unaware of any statute of limitations on unpaid debt in California, but I will take your word for it. I would double check that though, because it seems doubtful. If the debt was publicly discharged through bankruptcy, then indeed they may not collect it. They also may not include any mention of this debt on your credit report.
You should do the following:
1. Write the collector a letter, and cc your attorney, and th attorney general's affice at your state. Tell them they may not call you, and all correspondence must be in writing.
2. Get their license number for operating in your state. This can be found on your states website, and will be listed in any correspondence from the agency.
3. If the debt was discharged in BK, give them the case number.
4. If the debt was not discharged in BK, then ask your attorney for the statute number that covers the stature of limitiations on unclaimed debt. Cite that in your letter.
5. Tell the agency that any notification of a 12 year old debt to any credit agency is in violation of the law, and that you will litigate them for punititive damages if it is reported.
Good luck!
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