Old Debt Collection

[steamnsteel]

I have been searching on Michie's but can't locate anything about a limitation for debt old debt collection. The wife filed bankruptcy years ago and a debt reseller/collector has started calling her trying to collect on something that has yet to be disclosed. I found some info. saying that TN. has a six year limitation but wanted to verify in Mcihie's.

I am thinking that they are just using scare tactics looking for money but I want to be sure.

[hardknox00001]

I have no idea about debt limitations. I am a very occasional listener to Dave Ramsey/Clark Howard and here is what I have absorbed in relation to this. Again, I am no expert and would advise you to seek "professional" advise, like a CPA maybe............

I think that you are correct in that in a certain time period, the original debt is written off as bad debt and sold off for pennies on the dollar to a collector who then will use every tactic they can think of to see if they can't make some money from you. If I were in this situation, I would go back to the original holder of the debt and get info to see what it is. If its legit, you might try to settle out of it...........or not, depending on what it is and for how much, etc. If it is a committed collector, they can continue to report it to your credit report within every 7 years and it will stay on there. If they report it once and forget it, it will go off the report in 7 years.

It could be a mistake and they have somebody who has a smiliar name to your wife. When it gets this far, they grasp at any shread of info and start blasting with large cannons, right or wrong. To correct them and get them to cease fire is a real pain. If they do report it to the credit report and it is in error, you can write the credit reporting agencies and dispute it. The collector then has a certain time frame to prove their case or it comes off the report.

Hope that helps some and somebody much smarter than me will be along here very soon, I'm sure.

[lowbud]

Debt collection statute of limitations listed by state

If the debt is prior to her discharge I would send them a copy of her discharge. If it's after, it needs to be over 6 years old since last activity on the account.

These bottom feeders will tell you anything to scare ya into paying. Don't buy into it. If the debt is old, even close to the statue of limitations, the JDB will never be able to prove the debt in court. Simply show up (if it ever goes there) and ask the judge for Debt Validation.

Most of the time they will non-suit the case right away. Feel free to PM me if you have q's.

Edited November 4, 2010 by lowbud

[Guest KimberChick]

I have been searching on Michie's but can't locate anything about a limitation for debt old debt collection. The wife filed bankruptcy years ago and a debt reseller/collector has started calling her trying to collect on something that has yet to be disclosed. I found some info. saying that TN. has a six year limitation but wanted to verify in Mcihie's.

I am thinking that they are just using scare tactics looking for money but I want to be sure.

Crunchy, cobwebbed memories from years as a bankruptcy paralegal..some if this might be outdated, but I'mma give it a shot. This is pretty basic FDCPA stuff, so you can Google that for the text of the law itself.

First thing you do is have the collector send you something in writing, proof she owes the debt. They have FIVE days to do this from the time they first call her. Some original documentation from when the debt was incurred, why they believe she still owes it.

If they refuse, ask for a mailing address. DISPUTE the validity of the debt and ASK for proof of the debt in writing. You have 30 days to write this letter giving reason why you don't believe the debt is owed from when you are first contacted. They also have to stop contacting her when they receive the dispute letter until proof is provided that she, in fact, owes these people.

If the debt was originally included on her Bankruptcy petition and they send her proof of the original debt, she needs to provide them with her case number, date filed and date the case was discharged. Her attorney may advise something else. She should call him, explain the situation, ask what he recommends she send these people.

BE CAREFUL. There are a number of scammers posing as debt collectors, contacting random people on fake debts. They are phishing for personal information! Even the rudest collectors that are legit have to comply with FDCPA(Fair Debt Collection Practices Act) so if they are evasive about providing a real address, real phone numbers, names, etc., beware

[Guest uofmeet]

Have the debt collector give you PROOF that it is her debt. Don't give them any information to "verify" it is her. Make them send you something with an account number for the original debt etc. If it is a legit debt, they already have all the info they need.

[steamnsteel]

Thanks for the information everyone. I/we are in the process of trying to find out just exactly what they are looking for. They are only supplying an account number of their own with no reference to a previous account, the attorney that helped years ago doesn't want to help her on this.

I am going to pull a credit report on her later today and work on some letters for them tonight, and oh yes I am aware of trhe scammers. I had a problem with identity theft and still get strange calls from time to time.

[Guest tnxdshooter]

I have been searching on Michie's but can't locate anything about a limitation for debt old debt collection. The wife filed bankruptcy years ago and a debt reseller/collector has started calling her trying to collect on something that has yet to be disclosed. I found some info. saying that TN. has a six year limitation but wanted to verify in Mcihie's.

I am thinking that they are just using scare tactics looking for money but I want to be sure.

Coming from a previous collector (me) just to let you know it can be up to 10 years in TN I believe. However, if she has filed bankruptcy on it already then all you have to do is give the attorney's name and number filing date, case number if you have it to the collection agency calling and by law they then have to stop contacting you and contact your attorney in regards to this according to FDCPA.

Hope this helps

Edited November 4, 2010 by tnxdshooter

[Guest tnxdshooter]

Have the debt collector give you PROOF that it is her debt. Don't give them any information to "verify" it is her. Make them send you something with an account number for the original debt etc. If it is a legit debt, they already have all the info they need.

Bad advice as they will continue to call as FDCPA says debt collectors have to verify who they are speaking with and thus must verify at least last four of social or birthdate or both.

[Guest tnxdshooter]

Also, until the matter is resolved you need to send them a cease and desist letter for the calls. They are required to stop calling you but can still contact you via mail.

[Guest tnxdshooter]

Bad advice as they will continue to call as FDCPA says debt collectors have to verify who they are speaking with and thus must verify at least last four of social or birthdate or both.

If we had people that would not verify we would hang up and call them back the next day and keep doing this until they gave the info or sent us a cease and desist or whatever. Also, we have clever ways of wording things when collecting. Basically, if someone said that is not my debt we would say okay so you are refusing to pay? Most of the time they would be like no because they know what will happen if they put that on there that they are refusing to pay especially on say a home equity line of credit what will happen if they dont make arrangements.

Edited November 4, 2010 by tnxdshooter

[Guest tnxdshooter]

I have collected on everything from GMAC car loans, home equity lines of credit, credit cards, health care accounts, and have done skip tracing and find/found numbers for people that thought they were slick and could avoid us by changing their numbers. I found em. Easiest way was to just pull most recent credit report. If they went and got a new cellphone it should be on their credit report LOL. We also used lexus nexus to find peoples numbers. I could also find relatives related to them and call them and be like yeah this is billy (if that is my real name) i am looking to get ahold of bobby, would you know how to get in touch with him I lost his number he gave me. They would give us a number about 90% of the time. At the time I worked as a collector for first tn/first horizon we used cell phones because people would not answer when we called them with the 1800 number showing up on the caller id so as soon as I called on the cell phone they would answer and we could then begin recording the call. I was successful at getting people on the phone with this method countless times. We changed the cell numbers once a month to throw them off.

[TGO David]

All of this being proof that debt collections people are scum of the earth.

[kb4ns]

I agree, David. Of course the only folks I feel sorry for are those who are being wrongly harassed by the bill collectors. I don't have much sympathy for the many people who simply feel they can ignore their obligations.

[TGO David]

Strel, that's enough of the personal attacks. Besides which, you should maybe go back and try to comprehend what the OP was saying before you jump to conclusions.

[steamnsteel]

First Rant.

All I can say to you I pay up your debt. Even if is a million years old.

If you took it ,pay back.

I don't have sympathy for people like you.

Files bankruptcy than thinks you don't have to pay it back at all . Shame on you.ruining this beautiful country.

Your,citizenship should be revoked.

After Bush came with bankruptcy law. Millions filed last day.

Pay it back.

That being said .

Your debt is sold for penny on the dollar so they have legal papers shoving activity of debt.

If I bought ur debt it would be good for another 7 years.

So it will hunt you forever . Just offer them some cash settlement and buy your debt back.

First off it is not my debt...read the post. Second, without you knowing the circumstances of her having to file bankruptcy don't be pointing fingers. All I am trying to do is get my/her ducks in a row because this appears to be a sham. So if you were being sarcastic thats okay but I am not one for sarcasm.

Again, thanks to those with helpful information. I will now returm to my corner with my back to the wall.

[Guest strelcevina]

First off it is not my debt...read the post. Second, without you knowing the circumstances of her having to file bankruptcy don't be pointing fingers. All I am trying to do is get my/her ducks in a row because this appears to be a sham. So if you were being sarcastic thats okay but I am not one for sarcasm.

Again, thanks to those with helpful information. I will now returm to my corner with my back to the wall.

My bad , sorry .

Please don't take it personal.

It was just my rant about debt in general.

It wasnt meant to be said about you as you, instead you as a debt.

Sorry

[Guest tnxdshooter]

All of this being proof that debt collections people are scum of the earth.

I am scum of the earth? That is not a very kind thing to say. Although I do not do collections anymore because of the economy before it was in the tank I was making a killing at collecting and getting commission off it plus my hourly pay.

Edited November 4, 2010 by tnxdshooter

[Guest tnxdshooter]

I agree, David. Of course the only folks I feel sorry for are those who are being wrongly harassed by the bill collectors. I don't have much sympathy for the many people who simply feel they can ignore their obligations.

One thing I have learned is there are very few who are wrongly harrassed because FDCPA is so strict that if you violate you are shut down and companies can loose millions upon millions for violating it so it is not in their best interest to do so thus the reason very few are wrongly harrassed. Also, if you owe a debt it is not harrassment debt collectors have the right to contact you regarding debt until you send a cease and desist to stop telephone communication or until the bill is paid or settled. After that they can contact you by mail only. I closed alot of accounts by settling only draw back is that goes on your credit as a non paid in full deal. Does not hurt you as bad as not paying it but hurt you more than paying it in full.

Edited November 4, 2010 by tnxdshooter

[Guest tnxdshooter]

Personally, I would do the following steps.

1. Send them a debt verification letter to verify dates, and what type of debt it is

2. Once this is found out then send a cease and desist letter stating specifically to stop telephone communications that you prefer correspondance by mail

3. If the debt is yours and it is on her credit report either pay it or settle it.

[Daniel]

I know a couple of people who do debt collection. They complain about debtors constantly.

[kb4ns]

One thing I have learned is there are very few who are wrongly harrassed...

Maybe. Apparently there is a douche in Florida with the same name and DOB as me. And apparently, he doesn't like paying his bills. Every time I turn around, I am getting some sort of annoying communication from one of the cyber-ninjas who is so skilled at finding peoples' contact information that they find me instead.

[lowbud]

All of this being proof that debt collections people are scum of the earth.

It's not always the people. It's the industry. Altho I have run into many pond scum before. I feel that when debt is written off by the creditor it should be over and done with. It shouldn't be sold for pennies to bottom feeders. Fear and embarrassment are in the jdb's favor. If everyone knew the laws, and the processes, most of these scum would simply go away.

Knowledge is key when dealing with debt collectors. Arm yourself with the right information and all your troubles go away.

[Guest mn32768]

One thing I have learned is there are very few who are wrongly harrassed.

No offense, but I inherited the landline phone number of some deadbeat -- or they lied about their phone# -- and for about six months I was harrassed by debt collectors. Someone from a law firm/bank/"consumer agency" would call and ask to speak to "Harry" about a debt. When I said they got the wrong number, they would sometimes call again and again until I told them to stop calling or I would file a criminal complaint. In any event, within a few weeks the debt was sold to another collections agency, and the same continued. Finally it occurred to me to tell the debt collectors that "Harry" had just passed away and we were in the middle of the funeral, would they like to talk to the widow? They would hang up in a hurry, and calls stopped soon thereafter.

[Guest tnxdshooter]

No offense, but I inherited the landline phone number of some deadbeat -- or they lied about their phone# -- and for about six months I was harrassed by debt collectors. Someone from a law firm/bank/"consumer agency" would call and ask to speak to "Harry" about a debt. When I said they got the wrong number, they would sometimes call again and again until I told them to stop calling or I would file a criminal complaint. In any event, within a few weeks the debt was sold to another collections agency, and the same continued. Finally it occurred to me to tell the debt collectors that "Harry" had just passed away and we were in the middle of the funeral, would they like to talk to the widow? They would hang up in a hurry, and calls stopped soon thereafter.

Again this is where the cease and desist letter comes in.

[Guest tnxdshooter]

Maybe. Apparently there is a douche in Florida with the same name and DOB as me. And apparently, he doesn't like paying his bills. Every time I turn around, I am getting some sort of annoying communication from one of the cyber-ninjas who is so skilled at finding peoples' contact information that they find me instead.

Right they are probably using lexus nexus to pull it. If they pulled the actual credit report then they would more than likely find the right dude. It depends on how lazy they are. Some are not very good at finding numbers. I was good at it but it takes practice and alot of it.