Legal Question in Credit and Debt Law in Texas
What to Do
We've keep getting calls from an agency since about March of this year saying they are collecting on a credit card debt from 1998. Neither my husband nor I remember this card--one man told me it was a Mastercard then said it was a Visa; they have an address that isnt ours (and I wont give them this one)and they keep asking for personal info over the phone, which I won't give them. I've told them repeatedly that we do not believe this is our debt, quit calling, etc, etc..When I heard from them in mid-April it was ''your case is coming up for review next week so you need to get this resolved''--then nothing until now. Now they are calling concerning a ''legal matter''. These calls come in every other day or so, always a different person. I don't know what to do to make it stop, short of changing the phone number.
2 Answers from Attorneys
Re: What to Do
Write to them, certified mail return receipt requested, stating that you dispute the debt, that even if the debt was yours it is barred by limitations, and any further communications on this matter will be a violation of the Fair Debt Collection Practices Act.
Re: What to Do
Even if the debt is really yours, it is too late to sue to collect it and and it is too late for it to be reported on your credit report. They can continue to try to collect it. If you know who is making the phone calls, send them a letter telling them to cease and desist from any and all communications with you regarding this debt, that you dispute the debt and prefer to deal with the original creditor. Of course, this means that you have to disclose your address, but if you send it certified mail, return receipt requested, you have proof you told them to cease all communications, if they do so after receiving your letter, they have violated the Fair Debt Collection Practices, a strict liability statute, and may be sued for the violation.
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