• Interviews

    Debt Collector Trying To Collect 7 Year Old Debt

    james: my wife got a collection notice yesterday about a verizon account she had with roommates in college back in 2000
    james: account was transferred when she moved out, there was remaining balance, verizon never alerted her and she just heard from collections yesterday, 7 years later
    benpopken: ha
    benpopken: 7 years?
    benpopken: that debt cannot be collected
    james: yeah literally
    james: really?
    james: oh she's going to love that!
    benpopken: It's not from Verizon, right? Some collection agency?
    james: yup
    james: AFNI collections
    benpopken: Six years is the statute of limitations on debt [ed. It is, for NY, where James is. SOL varies by state, see this chart]
    benpopken: these guys buy debt from other companies for pennies on the dollar, then harass people who don't know better
    benpopken: but you may want to write a letter to the company asking for them to provide proof of the debt
    james: wow
    james: i had no idea
    james: do you think it will affect her credit?
    benpopken: it will not
    benpopken: bad debt falls off the record after 7 years
    james: oh right
    james: ridiculous that verizon doesn't alert customers
    james: when my wife was on the phone with the collection people last night the woman told her that she hears it all the time
    benpopken: yeah they will tell you anything on the phone
    benpopken: anything to get you to pay up
    benpopken: most debt collectors are scum

    (Photo: Clearly Ambiguous)


    james: i'm so glad we talked about this
    benpopken: you should hear some of the recordings
    james: thanks so much!
    benpopken: let me know if they start harassing you guys or keep calling
    benpopken: b/c they're not allowed to do either
    james: i definitely will
    james: ok here's another question
    james: apparently my wife told this woman she would call back and pay later
    james: which sounds like it = acknowledging the debt
    benpopken: doesn't matter
    james: because the statute of limitations has passed?
    benpopken: Yes
    james: whew
    benpopken: Look, if they call again say you know your rights under the Fair Credit Reporting Act
    benpopken: and that they need to provide proof of the debt in writing
    benpopken: and all further communication will be in writing
    james: ok great
    benpopken: Tell them they're only allowed to contact you by phone to inform you of the debt
    james: sorry for all the questions. she's freaking out a bit
    benpopken: hey can't keep calling you to tell you to pay
    benpopken: no, I understand
    benpopken: I'm going to give you some links
    benpopken: http://www.privacyrights.org/fs/fs27-debtcoll.htm
    benpopken: that is pretty much everything you need to know
    benpopken: "Things Debt Collectors Can't Do"
    benpopken: ""I Will Threaten Bodily Harm," A Loan Shark's Confession"
    benpopken: Credit Reports: How Long Different Items Stay
    benpopken: I also have a lawyer friend who specializes in protecting debtors
    benpopken: I can put you in touch if you ever need to
    james: well i appreciate the offer but hopefully it won't come to needing a lawyer
    james: do these people typically give up if they're dealing with someone who understands their rights?
    benpopken: Oftentimes, yes
    james: cool
    benpopken: They mainly prey on people who don't know the law
    benpopken: and use fear and bullying tactics
    benpopken: sometimes really bad, sometimes just being underhanded

    We should note that if Jame's wife actually does owe the money, she has an obligation to pay it. However, proof of the debt needs to be provided in writing first. — BEN POPKEN

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