Legal Question in Credit and Debt Law in Minnesota
I was contacted today by Oxford Law, LLC out of PA about a supposed collection issue that is very old (and that I contend I paid in full). I have already been through this same thing with a collection company 6 years ago and had a collection item removed from my credit report. They contend I owe $1,195 from an account with a security system company that I last made a payment on in 1997 (when the house was sold). I told the collection company 6 years ago it was past the statute of limitations of 6 years (in TN but I now live in MN) and they could not contact me any further and it all stopped. Then I got this letter today.I called them and told a guy the same thing and he said it does not matter if it is old because the debt is still owed and they would keep calling, etc. What should I do next ? Do I send them a letter with all of the information and a copy of the Fair Debt Collecting Practice Act telling them to not contact me again ? Thanks for your help.
1 Answer from Attorneys
Often debts are transferred or sold even if the debt may be legally uncollectible. This is what is known as 'zombie debt', because it keeps coming back to life. You could send a letter stating that you dispute the validity of the debt and ask that they 'cease all communication'. Generally, debt collectors call with a autodialer, so it may also be a good idea to state in the letter that you: "never consented to autodials" from this debt collector and revoke any permission the company may have to autodial your phone number.
Keep copies of all letters, envelopes, and a journal of all phone calls. Write down the dates of the phone calls, phone numbers, and what was said while it is still fresh in your mind. Since it is past the statute of limitations, that means the debt collector cannot sue you for this debt, so if the debt collector threatens you with any legal action, be sure to write that down.
The FDCPA allows for recovery of attorney fees, so if you the debt collector continues to contact you, threatens legal action, or contacts someone else about your debt, find an attorney to help. Most consumer attorneys will take your case and agree to only be paid attorney fees out of any settlement, so there is no cost to you.
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