Sreaming Collection Agent

[fbaguer]

What is the name of your state?Florida
I recived a collection letter from an agency. I attempts to collect a remaining portion of a therapy bill back in 1990.
I sent them a certified / return recipt letter requesting them to provide the following info.
Evidence and authorization under 15 USC 1692(e)
Their authorization of law for collection of info.
Authorization of law for collection of alledge debt.
evidence and authirization to do biz in Fla.
Proof of debt ( contract bearing my signature )
Complete history of account activity.

I just recived a call from the collection agent screaming and telling me that they were taking me to court.

Do they have to validate the debt as a collection agency after reciving my letter . Or can they jump directly into taking me to court without answering me the letter?
Thanks in advance for your help

 

[ihatearizona]

Write them back and let them know that the debt is time-barred. The statute of limitations for a written contract in FL is only 5 years. If they try to sue you, you can use this as your defense.

 

[cmorris]

CA's do not have to validate. However, if they do not, they cannot continue collection activity or report this on your CR (unless as in dispute). They can take you to court, but you have your letter as proof of trying to find out if it is your debt. The judge *may* make them provide validation, if it gets that far. I doubt they will. Read on the Fair Debt Collection Practices Act.

Since they are calling and screaming, you may want to invest in a telephone tape recorder (check all applicable state laws first).

 

[fbaguer]

Thanks for your replies.
1) when does the clock starts ticking for the 5 years?
Initial visit, last visit to the therapist, the last payment I made or the date of the C. A. letter?

Should I call the therapy center an request an itemized bill including payments I made to them? and attempt a settlelment directly with them?

You see, I am more concerned now since the agent screamed at me. I'm thinking the request for validation letter I sent inflamed. Now, (as she told me) am going to court!

Thanks again

 

[stevek3]

What is the name of your state?Florida
I recived a collection letter from an agency. I attempts to collect a remaining portion of a therapy bill back in 1990.
I sent them a certified / return recipt letter requesting them to provide the following info.
Evidence and authorization under 15 USC 1692(e)
Their authorization of law for collection of info.
Authorization of law for collection of alledge debt.
evidence and authirization to do biz in Fla.
Proof of debt ( contract bearing my signature )
Complete history of account activity.

I just recived a call from the collection agent screaming and telling me that they were taking me to court.

Do they have to validate the debt as a collection agency after reciving my letter . Or can they jump directly into taking me to court without answering me the letter?
Thanks in advance for your help

First, I'm curious as to the name of the collection agency.

Second, it sounds as if you may have used one of those idiotic Bud "Obsessive Hypocritical Mental Patient" Hibbs form letters for people with way too much time on their hands. Yes, they should provide you with an accounting to comply with your verification request under the FDCPA, but they don't need to provide you with all of that other superfluous crap. Other than that, save all the affirmative defense garbage for a courtroom. Which, I might add, would otherwise be a debtor's burden to prove, not a collection agency's burden to disprove.

Anyhow, are you sure you're talking about a 1990 debt? Unless it had already been reduced to judgment, I can't imagine that a collection agency would use aggressive collection tactics to attempt to collect an old out of statute fossil.

 

[ihatearizona]

The statute of limitations starts from the date of your 1st MISSED payment to the ORIGINAL CREDITOR. Do not include any dates for payments to the collection agency. When did you last pay the Original Creditor? If it has been more than 5 years ago, you are in the clear. If it was UNDER 5 years ago you could be sued.

 

[fbaguer]

Thanks again for your reply.

the last visit to the lenguage therapist was +/-4 years ago. I thoght that the accnt was paid in full beteewn the health insurance payments and my payments.
I had not heard from them since last weeks phone call from the C. A. in which i gave her my offc. addss. . To be fair I moved my residence 1.5 year ago.
Their letter is in plain white paper. Claiming I have failed to respond to prevous notices. The amount they claim is over 3k. I just need to see the itemized bill with payments and credits.
Will an atty. supply me the bill befor he takes me to court?

 

[cmorris]

If it is out of statute (be sure), send a full cease and desist letter to them stating it is time-barred. Send this certified mail, return receipt requested.

Now, if you are sued, RESPOND. Do not ignore it. However, I seriously doubt they will sue once they know that YOU know it is OOS.

 

[Ladynred]

Anyhow, are you sure you're talking about a 1990 debt? Unless it had already been reduced to judgment, I can't imagine that a collection agency would use aggressive collection tactics to attempt to collect an old out of statute fossil.

You're kidding right ?? I guess you've never heard of CAMCO, ASSet Acceptance, Whitewing Financial and a raft of other debt collectors who ROUTINELY press VERY aggressivley for dinosaur debts ! CAMCO has been known to harrass mercilessly for debts up to 25 years old !!! Old junk debt is a booming market and they have some very nasty tactics trying to collect on it and the travesty is that too many people are bilked and intimidated into paying them !

 

[seattlegurl]

Send the Cease and Desist letter which specifically states that all communication from them MUST be in writing. This will help you avoid those nasty calls and help you to create a paper trail if things get ugly. Send it Certified mail return receipt.

Was your vaidlation letter sent CMRRR also? If so, they have 30 days + 5 days to respond in full, in writing to you answering your requests. If you did not hear from them within that timeframe you can consider it an unvalidated debt. Send letters to the 3 bureaus to get it removed. The good news is that nothing can be reported (although they do it all the time) until it's handled. Has to show as "in dispute" if that's the case.

Good Luck!

 

[stevek3]

You're kidding right ?? I guess you've never heard of CAMCO, ASSet Acceptance, Whitewing Financial and a raft of other debt collectors who ROUTINELY press VERY aggressivley for dinosaur debts ! CAMCO has been known to harrass mercilessly for debts up to 25 years old !!! Old junk debt is a booming market and they have some very nasty tactics trying to collect on it and the travesty is that too many people are bilked and intimidated into paying them !

Yes, I know old junk debt is a booming market. I own millions of dollars of junk debt. By the same token, no established collection agency or debt buyer is going to jump on top of anybody with a 14-year-old debt.

 

[Ladynred]

Gawd, you really ARE out of touch !! Asset Acceptance files lawsuits for out-of-statute debts by the THOUSANDS ! That is their M.O. because clueless people don't know that an SOL even exists, so they cower in their homes and they let ASSet get thousands of default judgments. Asset is making millions this way.. and Asset is only 1 of the JDB's doing this.

 

[stevek3]

Gawd, you really ARE out of touch !! Asset Acceptance files lawsuits for out-of-statute debts by the THOUSANDS ! That is their M.O. because clueless people don't know that an SOL even exists, so they cower in their homes and they let ASSet get thousands of default judgments. Asset is making millions this way.. and Asset is only 1 of the JDB's doing this.

Like Reagan said during the debates, "There you go again." I didn't say some debt buyers don't sue on some accounts past the statute of limitations. What I said is established collection agencies and debt buyers don't "jump on top of anybody with a 14-year-old debt." This includes Asset Acceptance. Regardless, I was only responding to your comment regarding merciless harassment.