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  1. #1 by lisa s on October 23, 2009 - 11:30 pm

    KIRBY

    check the statute of limitations in your state.

    In some states that debt is not collectable.

    I would let them take me to court….$26 bucks to $560 is quite unreasonable.

    If you talk to them again dont acknowledge the debt at all…tell them you have no idea what they are talking about and DONT pay the debt by friday, they waited 5 years let them wait awhile longer….

  2. #2 by bdancer222 on October 26, 2009 - 9:22 am

    HERBERT

    First check the Statute of Limitations (SOL), the timeframe to bring lawsuit, for your state: . Typically the SOL starts from the last activity or last payment.

    Second, send the collection agency a certified, return receipt letter requesting validation of the debt to include copies of any contract or other documentation that proves this is your debt. Also, ask for a detailed statement showing separate line items for interest and fees and how these were calculated. Give them 30 days.

    If they fail to respond, you can dispute the item with the credit bureau, attaching a copy of your letter and indicating they failed to validate the debt.

    If the debt is beyond the SOL, you can simply send them a certified, return receipt letter telling them to cease and desist all contact as the debt is beyond the SOL.

    There are some zombie debt collection agencies that report small very old derogatory items that aren’t really your debts. They hope people will just pay. It is highly unlikely that they will actually file suit over a $26 debt. It sounds like they are just trying to scam you for more money.

  3. #3 by Slimick on October 29, 2009 - 12:11 am

    NED

    This is why one has to be so careful in renewing contact with debt collectors over really old debt:

    * Debt collectors love to create a false sense of urgency…If they’ve waited years for your payment, they can wait one or two weeks for any payment or settlement agreement from you. Any “deadline” like Friday to get any payment to them is bogus.
    * Debt collectors have absolutely NO legal power over you. By themselves, they cannot garnish your wages or freeze checking accounts…only a court can authorize this and they’d have to go through the court system to do this.

    Negative items fall off your credit report anyway in seven years…so this item will fall off in two years by itself without paying. Honestly, I think that you needlessly stirred up a hornets nest by contacting a debt collector for debt this old…..By making a new payment on old debt or admitting in writing that you own the debt, you reset the statute of limitations, which would enable them to successfully sue you for the debt.

    These debt collectors are using age old scare tactics to bully/intimidate you into paying this ridiculously inflated amount…don’t allow them to do this to you. If it were me, I would not take the risk in paying these people being that they are obviously bad news…

    Send them a letter via Certified Mail + Return Receipt stating:

    Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, which includes:

    - a copy of the original signed contract with my signature
    - validation of the original “Date of Delinquency” for this alleged debt
    - validation of the “Date of Last Activity” for this alleged debt
    - Provide a detailed, itemized statement showing how this account went from $26 to $650, including the interest rate that is being charged.

    * DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.

    ==================
    Remember, if you make any recent payment on this debt or admit in writing that you owe it, they could take legal action against you…

  4. #4 by luciousgreeneyedlady on October 30, 2009 - 1:19 pm

    COLEMAN

    they are just threatening you so you will pay. check with your state about your credit laws.

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