Time-Barred Debts
Date: Thu, 12/27/2012 - 12:27
Time-Barred Debts
I got a call from a collection agency, for a credit card bill that my ex boyfriend claimed in his bankrupsy in 2004. We had joint account on this card. But the debt is over 8 years old. I send them a fax informing them that I received a call regarding a debt with the file number my rep gave me. and that I do not recognize the said debt. at which time their agent rudely and bluntly refused and threaten me with legal action. Furthermore I informed them in the fax that their refusal to provide verification is in direct violation of Federal Debt Collection Act ("FDCA") and the Florida Statutes.
In addition I added that I was requesting that their office cease and desist all calls and only communicate with me by US mail. Then I added that If said debt is not verified and all proper information concerning the debt such as payment history, origination and other key information include but not limited to any and all signed contracts associated with the said debt is not provided, legal actions will be taken against the collection company for violation of state and federal collection laws and provisions.
In addition I added that I was requesting that their office cease and desist all calls and only communicate with me by US mail. Then I added that If said debt is not verified and all proper information concerning the debt such as payment history, origination and other key information include but not limited to any and all signed contracts associated with the said debt is not provided, legal actions will be taken against the collection company for violation of state and federal collection laws and provisions.
CAs are not legally obligated
CAs are not legally obligated to honor your DV request although if you have requested a DV, they cannot continue with their collection activities.
You could have skipped out on saying all that and just informed them that the FL SoL for debts pertaining to open ended accounts is 4 years, that the debt is time barred, that they cannot collect on the debt using legal means and that it is better to buzz off now or face the wrath of the FTC and NACA attorneys.
You can simply send them a
You can simply send them a cease and desist letter, stating that the debt is time barred. If you have any proof of when the last payment was made, you can also send a copy of that along with the letter.
