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Are collection agencies allowed to call me until I die or what?
About 15 to 16 years ago, I stupidly let my husband, later ex-husband, purchase computer equipment on two different credit cards in my name. Total under $2000. He promised to take responsibility for the payments in our divorce papers and he never paid one dime. The two companies went out of business years ago.
I still get phone calls from collection agencies! Looks like the accounts go from one agency to another and then the phone calls start up again. I'm not saying I'm right in not paying the bill, but really ... after 15 years, do they think they are going to get something? The bills don't show on my credit and I've had perfect credit otherwise. Are they allowed to call and harass after 15 years?
Are collection agencies allowed to call me until I die or what?
About 15 to 16 years ago, I stupidly let my husband, later ex-husband, purchase computer equipment on two different credit cards in my name. Total under $2000. He promised to take responsibility for the payments in our divorce papers and he never paid one dime. The two companies went out of business years ago.
I still get phone calls from collection agencies! Looks like the accounts go from one agency to another and then the phone calls start up again. I'm not saying I'm right in not paying the bill, but really ... after 15 years, do they think they are going to get something? The bills don't show on my credit and I've had perfect credit otherwise. Are they allowed to call and harass after 15 years?
As long as they keep selling the loan off to other collection agencies, yes -- they will keep calling. Don't pay, don't promise to pay and tell them to stop calling.
Heck -- someone used MY phone number and I was getting calls for some guy I didn't know , and I had a devil of a time getting them to realize it. What finally worked is telling them to check the phone books back to 1988 -- they'd find out I've had this number since then.
They can try to collect forever, however the statute of limitations for debt collection in Virginia is 3 years so they can't sue you for the debt at this point. So when they call just tell them to go pound sand because they aren't going to get any money from you. If you let them know that you are aware that the statute of limitations has expired they may give up for awhile, but that doesn't mean that some other "scavenger" collection agency won't wind up with it down the road and try again.
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SOL is an affirmative defense, meaning that they can try to sue if they really want to and it would be up to you to answer with a claim of SOL and to show up in court to defend that position.
If you know who has the debt now then you might consider sending them a SOL letter to hopefully stop them from contacting you again, or from selling it to another collector. After they receive the letter if they continue to contact you or they sell it to another collector then sue them for it. Keep in mind that if the SOL letter that you use has a cease and desist in it, which it should, then the collector would be allowed to contact you 'one time' after receiving it. IF they contact you after receiving the letter then all they would be allowed to do is to tell you what they plan to do with the account, they cannot legally try to collect from you during that contact.
Google Why Chat's Credit Confusion and read over his Special Letter to Collection Agency Notification of SOL, which is listed under the Special Purpose Letters section. It also has a C&D in it that would not only bar them from trying to continue to collect but also from selling, transferring or assigning it to another collector.
You can also find the SOL statutes for your state on his site to use in the SOL letter. On the main page of his site scroll down towards the bottom of the page and you'll find a listing for each state.
Do not sign the letter, only type your name. Send it certified mail return receipt. Make a copy of the letter for your files and also when you get the green certified mail card back then put that in your files. Always create, and keep, a paper trail.
Do not contact me by telephone, contact me in writing only.
Do this each time the debt is sold, yes it is a pain but no more calls, In fact never speak to them beyond what is required to get the name of the firm and the case number (so you can send them a letter).
A certified letter is cheap compared to the harassment factor. We owe no debt except our mortgage and I still find it necessary to send out a letter like this every two years or so. I am not sure if it is a case of mistaken identity or a collection agency trying to hunt down my wife's ex of 30 years ago. Fortunately they leave enough info on the answering machine for me to send a letter w/o ever speaking to them.
The certified letter works every time. Certified is a requirement to prove they do not validate the debt and that they in fact receive the letter.
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