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*&#&*%$^(&#%!!!!! Collection Agencies
shmokes:
The statue of limitations in NY for collecting an old debt is 6 years. The statute of limitations starts tolling on debt from the moment of the last activity, so if they even talk you into making a $5 payment it will start over again, even if it had already run previously. But if there has been no activity on that phone line in 15 years they can't collect.
Send them a cease and desist letter. Here's a great one. You can just fill in the blanks.
saint:
I believe they have to stop calling you if you tell them to. Fight it, or pay it, but don't ignore it. If you fight it, get and put *everything* in writing. Don't rely on anything being verbal.
shmokes:
Oh yeah, and keep an eye on your credit report. Collection agencies are scum bags. They break the law on a regular basis (they are probably breaking the law by calling you). One common tactic is to sell the debt and "re-age" it, as though the sale of the debt counts as account activity. It doesn't, and it's illegal, and if called on it by a court they will claim that it was an error. If you see that the debt has be re-aged on your credit report you need to call them on that right away. Also, if you do get a letter that they are taking you to court (which I can't imagine over $25), DON'T IGNORE IT. It doesn't matter that the statute of limitations has run if you don't show up. Nothing matters. The court will not look at a single fact in the case. If you don't show up, the agency will get a default judgment, and the judgment will be put on your credit report.
SavannahLion:
Report to the BBB, that's what I did.
I used to subscribe to SAT/SUN delivery for a newspaper. I paid for and received the newspaper for about six months when it gradually petered out. I never received any renewal notice, any request for continued payment. Nothing. I called a few times when I calculated that they owed me for at least another six months of newspapers. The newspaper would start up sporadically then peter out again within the month. Finally I just said ---fudgesicle--- it. I didn't care enough about the $20 some odd dollars they owed me or the newspaper. Finally at the end of the year, I suddenly got about a months worth of newspapers. Not just weekend, but for the entire month, MON-SUN. I figured they were trying to "consume" what they owed me. I made one phone query and they assured me they would look into the matter. Nothing more came of it for at least six months until I received a PAST DUE, SECOND NOTICE bill for something like $40!! Where the ---fudgesicle--- was my first one??
After multiple phone calls spanning several weeks with me calling at every imaginable hour I got nowhere. Whenever I got a promising supervisor who would rescind the bill, I would get another past due notice in the mail. When I call back, no one would know who the ---fudgesicle--- I talked to last time (yes even with a name). When I received threats it wold go to a collection agency I lodged a complaint to the BBB.
Within the week, I received a paper letter of apology and the bill was rescinded .
SirPeale:
--- Quote from: shmokes on February 22, 2008, 11:11:56 pm ---The statue of limitations in NY for collecting an old debt is 6 years. The statute of limitations starts tolling on debt from the moment of the last activity, so if they even talk you into making a $5 payment it will start over again, even if it had already run previously. But if there has been no activity on that phone line in 15 years they can't collect.
Send them a cease and desist letter. Here's a great one. You can just fill in the blanks.
--- End quote ---
This is great info, thanks!
They haven't called (I don't think they have our number, I hope) just the one notice in the mail.
I admit, I know my credit isn't the best, but I know what I've done - and what I haven't. I'll get a copy of my credit report soon and check it out. I've never done so.
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