Legal Question in Credit and Debt Law in New York
Debt Collection after 15 Years
I used to Live in Los Angeles as a Student and had a Credit Card from 1985 - 1989. I live in New York Presently and I got a threatning call from a collection agency asking me to sent them $1000.00 right away. They apparently had already gone thru all my cards and even knew which card had enough money in it for them to get paid. Is there a statute of limitations? This debt is about 14 years old at the very least.They keep calling my number at work and ask to speak to my supervisor. Isn't that against the law?
What should I do. Can they ruin my credit history now for a debt that I already had on my credit history for 7 years.
1 Answer from Attorneys
Re: Debt Collection after 15 Years
You MUST write them a certified letter telling them to "STOP contacting YOU (by phone or by written letter) and/or anybody connected to you pursuant to the FEDERAL FAIR DEBT COLLECTION PRACTICES ACT." If they don't you can SUE THEM!!! Do not send them any money (even a few dollars) since that act can restore the debt. There is a statute of limitations though moving from state to state may have some tolling effect (temporarily stop the clock)...but you have to simply DO NOTHING and wait for something to happen...you cannot except for the letter, stop them from attempting to trick you into admitting you owe the money...(Another way to restore the debt). YOU MUST NEVER MAKE ANY ADMISSIONS ABOUT THE DEBT OR THE CREDIT CARDS OR ANYTHING ELSE. The easiest thing to do is to say "Gee that was so long ago I don't remember...why don't you send me something that has my signature on it? Like a contract or a sales slip." Other than that DO NOTHING. If they have no documents they'll move on to somebody else...ESPECIALLY after they get the letter you are going to send them TOMORROW (SEND IT SEND IT SEND IT)...Admit nothing. Good luck