Legal Question in Credit and Debt Law in Illinois
Collecting the money I don't owe
In December 2005, an out of state collecting agency has been calling and sending letters trying to collect over $8,000 that I allegedly owe to a Visa credit card bank back from 1994 or 1995. I have sent them certified letter denying any indebtedness, and asked to provide me with the exact name and address of the bank, but they refused to do that.
I pay all my credit card bills in full every month, never had any disputes with any bank. Have opened several loans and mortgages in the last 10 years, and always had an excellent credit rating.
Meanwhile, another collection agency has purchased the �delinquent account�, and started with collection letters and calls. Again, I have sent them a certified letter stating the same thing as above, and asking to give me the specific information about the alleged debt.
Now this second agency has hired the same first agency to start sending letters and making phone calls, twice a day, including Saturday.
It sounds like a bad dream or a joke, but unfortunately it isn�t.
2 Answers from Attorneys
Re: Collecting the money I don't owe
Sounds like this could be a Fair Debt Collection Practices Act violation. Take a look at
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Re: Collecting the money I don't owe
It is my understanding that a collection action over 10 years in age is past the statute of limitation in Illinios. I am not certain any legal can be made by the collection agency for those debts. I recommend contacting an attorney that handles collection matters. I am not an expert in this area of law, but it is my believe (you probably need to research this issue) that once you inform the collection agency you do not want to be called, they are supposed to stop calling.
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