Ok seriously, I need some help - re: one of those slimy debt collectors

[LynneSin]

About TWO decades ago I had a write-off on a credit card that ultimately I did pay off. This write-off is so fricking old it has not been on my credit report nor did it hinder me from buying a house. A few years ago I tried to explain this to another creditor who hounded me on it and well, they just totally ignored me (let's face it - the check was cancelled some 15 years ago thru a bank I no longer use).

Normally this stuff doesn't bother me - it goes to my home phone and I never answer the phone. HOWEVER, now I've got one bugging me for the same bill and they're calling my cell phone.

Suggestions? I've come to conclusion that rational discussions do not work with these idiots and personally it wouldn't bother me (because I know the debt was paid off) except I now got them calling on my cell.

[Shell Beau]

1. Tell them to NEVER call you again.

I think you would have some legal standing. It would turn into harrassment if they continued and the debt is paid.

[LynneSin]

2. I've tried that in the past

They get a live voice it's their way of saying "We now know you use this phone number so we'll keep hounding you until you're dead in the grave". To be honest, it's not even debt collection anymore (since the debt no longer exists) but instead a form of extortion - pay us or we'll keep hounding you. And honestly, if I did pay them (which I won't), it doesn't mean someone else still has my name on the list and will try hounding me to pay them.

You get your name on just one debt collector list and then you're fucked for life. The only thing worse than that is having your name on the sex offenders list

[JCMach1]

21. Caller ID!

[MrCoffee]

3. Do you have ANYTHING in writing to document the pay off?

Anything at all you could fax them and document it, so that any future calls would be harassment?

[Jeep789]

22. The Statute of Limitations alone is proof the debt is not owed

but that won't stop them from trying.

[Gormy Cuss]

4. You need to do the following: ask for the full name of the person calling you,

the name of the company, and their mailing address. You're unlikely to get the last one, but the first two are obligations under the FDCPA and feel free to say that when you ask.

You must then write the company and instruct them to cease contact. Telling them to buzz off by phone will not work, but in writing they are again required to comply.

Read here for details:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

If you have trouble obtaining a mailing address, put the company name plus "debt collection" into a Google search -- that usually turns up the web page with contact data.

I went through this last month with a debt collector calling me repeatedly for someone else's debt.

[skygazer]

28. This is the correct answer

It's the law and it works.

[Maine-ah]

5. statute of limitations

in Maine it's 7 years. Check your state laws. Throw that at them and they'll never call you again. That's according to my lawyer, and it worked. I know you have said that you paid the bill, but even if you didn't, the statute of limitations should still apply, if your state has one on debt collection.

[Arkansas Granny]

6. Are you aware that there is a statute of limitations on debt collection in most states?

Check here to see what the law is in your state.

http://www.fair-debt-collection.com/SOL-by-State.html

[mainegreen]

7. You don't owe them a thing. Send in writing that they not contact you, certified mail.

If they contact you thirty days after you send it, sue them for cash and prizes. You have the right to do that.

DO NOT MAKE ANY PAYMENTS or the debt becomes current.

[hobbit709]

8. Check out this website

http://www.budhibbs.com/

[HopeHoops]

9. I think I have the solution...

Try what's in the following video. It is funny as hell and a great solution to your problem.

FLAME AVOIDANCE NOTE: There is a very mild reference to homosexuality toward the end, so if you offended by such things you might want to end the clip about 2/3 of the way through.

http://www.youtube.com/watch?v=J5z4Vs26-TI

[trueblue2007]

15. This was soooooooooooo funny!!!

14 MILLION people have viewed that video !!!!

[Jeep789]

26. That was great nt

[Parche]

10. i always tell them where to go

and that usually stops them
i am forceful with them
:hi: :hug:

[Whoa_Nelly]

11. Call the FTC

and file a formal complaint.

http://www.ftc.gov/ftc/contact.shtm

Someone has sold you to a third party for bullshit collection.

Go get'em, LynneSin! :hi:

[helderheid]

12. go here

www.budhibbs.com

[Raven]

13. These collection agencies usually get a certain period of time to

collect a "debt" then the account is passed on to another agency and another and another and so on. It's like "Groundhog Day" you keep repeating and repeating. I would call you state Attorney General's Office of Consumer Affairs and get some advice for them. I might also write the collection agency and explain the history of this debt and tell them not to contact you again. I would cc the Ag's office and send this Certified Mail.

[datasuspect]

14. pay yer bills?

[tabbycat31]

16. send them a "cease and decist" letter

they're under all kinds of terms and easily found on google. Try terms like "Drop dead letter, FOAD (fuck off and die) letter, etc.

Send it certified mail, return receipt requested, and tell them to immediately cease all contact with you, and you will sue them if they contact you again.

[flvegan]

17. Tell them that they need to prove up their claim, and it has to be in writing

or they're not to ever contact you. Then, send them a letter stating the same. Any correspondence they send you, you have 10 days to respond refuting their claims.

Fucking vultures.

[suninvited]

18. The bad debt buyers are the slimiest of the slime

they buy old paper for pennies on the dollar and then use out and out illegal collection methods.

I had one trying to collect an eight year old debt from me originating from a bank I had NEVER done any business with. He cussed and yelled when I tried to explain it was not me (there are two other people from my town with the same name, and we have been confused with each other often) he yelled at me to call my lawyer because they were filing papers the next day.

I sent a cease and desist letter certified and mentioned the SOL and I have never heard another word from them. Somewhere down the line, they will sell this debt to someone else, and I will have to do it all over again.

[laylah]

19. Demand, IN WRITING, they

quit calling you. If they continue, they are in violation of federal collection laws and charges/suits can be filed.

Good luck :hug:

[Deep13]

20. Have they sent you anything in writing?

If not (and really, even if they did), do not assume they are a legitimate bill collector. It may be a scam. Tell them you will not discuss anything with them until they send you a letter on their letterhead with street address and land telephone number. Give them NO personal or really any information. If fact, you should not tell them anything even if they are legitimate. Make a police report for telephone harassment.

Send them a certified letter telling them that you deny liability and not to contact you again unless it is with a summons from a court. As the plaintiff, they must prove their case--that they really are the assignees of the "debt" and that the debt is valid and outstanding. If they still bug you, find a lawyer. The Fair Debt Collections Practices Act allows some pretty liberal damages.

[Jeep789]

23. Why won't cell phone companies allow one to block calls?

I have a feeling the answer must be money related. Time for consumers to demand the ability to block calls on cell phones.

[blueknight]

24. FIRST OF ALL! NEVER SPEAK TO THEM ON THE PHONE

except to tell them to SEND IT TO YOU IN WRITING. then, when you recieve it, write back and request a DEBT VALIDATION. you have 30 days to request this. send this as REGISTERED MAIL. then send them a " CEASE & DESIST letter. tell them this is a time barred debt. you will never hear fron them again. and if you do,SUE THEM! hire a lawyer in your state from the NACA website.

[Vinca]

25. Get the name, address and phone number of the debt collector and

tell them you're going to sue them for harrassment since the statute of limitations has run out. If they keep calling, file a complaint with your state attorney general.

[tjwash]

27. If it is past the 7 year statute period, ask them to send you the letter of judgment.

I've gone through this exact same scenario as you before. I hate to be the bearer of bad news, but, there actually IS is a sneaky-slimy trick that these fuckers use, that a lot of people are actually unaware of, and it can come back to haunt you decades later. The good news is, that the burden of proof is on them.

The only way that they can legally collect on money past that period, is if there is an actual judgment against you.

The way that works, is, if they took the debt to court 20 years ago, and they ruled against you, they can then collect for 10 years after that. After that, they can annually renew it for another 10 years, by filing the renewal paperwork with the court clerk. That happens to a lot of people, because if you do not show for the court date, the judge automatically will rule in favor of your creditors. Like I said...it's a sneaky slimy trick that these fuckers use, and a lot of people get snared with it. It's also very mafia-mob like, in that they continually sell judgments and collection accounts to different companies over the years.

If they do NOT have a judgment against you, and it is past the statute of limitations, they must immediately cease and desist from further harassment, and you can take them to court for that. If they say they do have a judgment against you, then they must produce the court paperwork, and leave you alone until you have a chance to review it, and make sure that it is legit. Same deal, you can take them to court for harassment for that as well, if they don't give you a fair chance to review it. If they produce actual court paperwork, take it to a paralegal, or a lawyer, and they can quickly check it and see if it is in order for you, and they have a legit claim.

If it is in order...I'm afraid you are stuck, and must pay. The really fucked up part about a judgment is, that they can garnish your wages and other such dirty tricks on you. Of course...you can also negotiate it down if need be.

Good luck...I totally empathize with you, and know exactly what you are going through.

[graywarrior]

29. Dateline did a story on this a few weeks ago

They had some good info.

go here
http://redtape.msnbc.com/2009/03/harassing-calls.html

[GOPisEvil]

30. Do you know any attorneys?

I would have an attorney friend call these assholes and remind them what the phrase "STATUTE OF LIMITATIONS" means. I would also have this attorney advise these bastards that the next time you receive a call from them regarding this issue, that they will rue the day.