What is the name of your state?What is the name of your state? NY
This was in today's New York Daily News by Asa Aarons.
Letter will close the book on phony 1980s charges
Fraudulent charges made 20 years ago have suddenly come back to haunt Nancy Olavarria. The Bronx woman is getting collection notices about unauthorized charges on a credit card account she closed in the 1980s.
Although there is no record of the debt on her credit report, Olavarria is worried the debt-collection agency will now report it - and tarnish her excellent credit.
The federal Fair Debt Collection Practices Act regulates debt collection and spells out your rights when a collector calls. The law applies to all personal, family and household debts.
In Olavarria's case, the debt in question is fraudulent. In addition, the statute of limitations - six years - has already expired. Her best bet is to tell the debt collector to stop further contact.
Any consumer can stop contact from a debt collector by writing a letter to the collection agency and asking for an end to calls, letters and other contact. Send a letter via certified mail, return receipt requested, requesting an end to all calls.
Once the agency receives the consumer's letter, it cannot contact the consumer again except to say there will be no further contact, or to alert the consumer to specific action, like a lawsuit. In this case, since the debt is so old, the debt collector cannot file a lawsuit.
If a debt collector violates the law, the consumer has the right to sue in state or federal court within one year from the date of the violation. The wronged consumer could win money damages, as well as costs and attorneys' fees.
If you live in New York City, you can file a complaint about debt collectors or debt collection agencies with the NYC Department of Consumer Affairs at 311 or at www.nyc.gov/consumers.
You can call the FTC's Division of Credit Practices at (202) 326-3758 or file a complaint online at www.ftc.gov.
You can also report problems to your state attorney general's office. In New York State, the number is (800) 771-7755 and the Web site is www.oag.state.ny.us.
My question is: From what I have read on this site they can still sue but the SOL is the defense used in court by the debtor. Is it somehow different in New York State?
This was in today's New York Daily News by Asa Aarons.
Letter will close the book on phony 1980s charges
Fraudulent charges made 20 years ago have suddenly come back to haunt Nancy Olavarria. The Bronx woman is getting collection notices about unauthorized charges on a credit card account she closed in the 1980s.
Although there is no record of the debt on her credit report, Olavarria is worried the debt-collection agency will now report it - and tarnish her excellent credit.
The federal Fair Debt Collection Practices Act regulates debt collection and spells out your rights when a collector calls. The law applies to all personal, family and household debts.
In Olavarria's case, the debt in question is fraudulent. In addition, the statute of limitations - six years - has already expired. Her best bet is to tell the debt collector to stop further contact.
Any consumer can stop contact from a debt collector by writing a letter to the collection agency and asking for an end to calls, letters and other contact. Send a letter via certified mail, return receipt requested, requesting an end to all calls.
Once the agency receives the consumer's letter, it cannot contact the consumer again except to say there will be no further contact, or to alert the consumer to specific action, like a lawsuit. In this case, since the debt is so old, the debt collector cannot file a lawsuit.
If a debt collector violates the law, the consumer has the right to sue in state or federal court within one year from the date of the violation. The wronged consumer could win money damages, as well as costs and attorneys' fees.
If you live in New York City, you can file a complaint about debt collectors or debt collection agencies with the NYC Department of Consumer Affairs at 311 or at www.nyc.gov/consumers.
You can call the FTC's Division of Credit Practices at (202) 326-3758 or file a complaint online at www.ftc.gov.
You can also report problems to your state attorney general's office. In New York State, the number is (800) 771-7755 and the Web site is www.oag.state.ny.us.
My question is: From what I have read on this site they can still sue but the SOL is the defense used in court by the debtor. Is it somehow different in New York State?