Legal Question in Credit and Debt Law in Maryland
Credit
I have been working on repairing my credit for the last 3 yrs. Just when I thought everything was done another popped up. I live in MD. This bill is 6-7 years old. I wrote to them and told them I would be more then happy to negotiate a settlement but only thru the mail as I want everything in writting. They refuse to give me anything in writing and keep writing to me saying my ''time is running out.'' They have also written to me saying that I refuse to talk to communicate with them. I've written to them 4 different times requesting and submitting offers but all they do is CALL me over and over wanting to talk, which I will not do on the phone. I'll do anything via mail. The reason I'm doing it this way is because I've have been lied to many many times by the collection agency..including this one and I want everything in writing. I talked to them initially and told them I wanted to do everything by mail, which they agreed, and like I said ..since they agreed, its been nothing but phone calls and letters saying I won't talk to them. Is there anything or any right I have??? Thank You
1 Answer from Attorneys
Re: Credit
Well, the statute of limitations has run out, so they can't sue you.
I think they've probably violated the Fair Debt Collection Practices Act in several ways: (1) they've represented that you are "running out of time" suggesting that they can take some action against you (which they cannot). Threatening to take an action that they know they can't do is a violation. (2) if you have asked them to communciate with you in writing only and they continue to call, I believe that is a violation as well.
It also makes little sense to deal with them over 7 year old bill - -the only time that is running out is that the negative credit reference goes away after 7 years --- ironically, your insistance on writing to them and making written offers may be taken by them as a reaffirmation of the debt (which you can dispute) but probably had you just ignored them this would have dropped off of your credit report in the next year automatically.
Good luck -- let me know if you have any other questions.
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