Legal Question in Credit and Debt Law in Connecticut

Re: Debt from over 13 years ago

Unless this debt had to do with student loans, it is a virtual certainty that even if the debt was once valid, it is NOT collectible any more. The statute of limitations, which is six years, ran out long ago.

This is what you should do:

1) Contact your credit card company and tell them what happened, and tell them that you want to immediately do whatever is necessary to cancel, reverse, or challenge that charge. They may tell you that you have to go to whoever you gave the charge to and talk with them about it first. I'm betting the sob who called you didn't give you any way to contact him or his company. If I'm wrong, OK, call and talk to them and tell them you want to cancel that payment. Of course, they will refuse. Ask them for a way to contact them by mail. If they give you a name and address, send a CERTIFIED letter, RETURN RECEIPT REQuESTED (tell you later what to put in it).

2) Back to your credit card company. Tell what happened on the phone, both calls to collection agency, and renew your request to prevent the charge from posting. Do whatever they tell you to do to accomplish this, then send written confirmation of their instructions and what they told you to do. Include a statement that the claim the collection agent was calling about is disputed, and that you were bullied and deceived into authorizing the charge, and you want it cancelled. Again, send this CERTIFIED, RRR.

3) By now you should be able to figure out what goes into the letter to the collection agency. That's right, that you were bullied and deceived into authorizing the charge and you want them to cancel it, that the entire debt they called you about is disputed. Don't get into details -- it's entirely disputed,period. Next, you say, and you say it just this way, "Pursuant to the FDCPA I order you not to contact me again about this debt, except as allowed by law."

4) Your husband writes a separate letter that says, "I understand you have been calling my residence in an attempt to make me pay a certain debt from 13 years ago. This claim is entirely disputed. Pursuant to the FDCPA I order you...."

5) Both letters go in the same envelope, Certified, RRR.

6) You should receive something in writing from this agency within a week or so. Be certain to write back to them, enclosing a copy of the same two letters. Again, certified, RRR. These are the best $4.55 you can invest in dealing with something like this.

If you can't get your $244 back, or if these people continue to bother you, you will need a consumer law specialist. I do not handle such cases, but I know of someone who does, and can direct you to that attorney if you contact me directly. NOTE: I do NOT have a social or professional relationship with the attorney I have in mind, nor will I receive any fee or other payment for referring you.