Has anyone heard of this alleged CA? I just got a call last night for a 6+ y/o debt and boy were they naaaaasty, it was hard to keep my cool.
Are you positive of the debt time frame? If you are, then double-check on your state's SOL [statute of limitations] regarding whatever kind of debt this may be. This *may* be a debt that's SOL and the CA may be just trying to intimidate you into paying it. There are also laws against harassment and other possible illegal activities. While some people have excellent personal websites on statutes of limitation, check your state's code yourself or ask an attorney during a free consult. Deal from facts. If they telephone again, tell them they are not to telephone you and that they must send everything, or anything, regarding this alleged debt to you through USPS. Document anything that transpires.
As far as the SOL goes I know that it is out of my state's (WA) SOL. I have been a member here for a while and am fairly comfortable with the process. I haven't been here in a while because this site has allowed me to clean practically everything off of my reports (thanks guys!!!) But yeah it was odd. Once I asked the guy for the exact date of the default he knew where I was headed and said "If you think it's Stat, you're wrong." They were pretty awful. I asked them to send me some documentation on this alleged account and they would not, they only wanted to fax which I was totally against. I must have asked them half a dozen times to mail it but they refused and claimed that I was refusing to pay. The dude said I wasn't "intelligent enough to carry on a telephone conversation" and after he said that I asked for his full name as that was not acceptable behavior. He refused and before hanging up said something to the effect of being served by a sheriff and "have fun in court." Ugh. Jerks! So now even though I'm fairly comfortable with the fact that this account is non-collectible, I'm a little uncomfortable that this dude showed so much bravado. I guess we'll wait and see if they call back or if *gulp* the sheriff comes to see me.
Past SOL + <Once I asked the guy for the exact date of the default he knew where I was headed and said "If you think it's Stat, you're wrong." > FDCPA violation + <He refused and before hanging up said something to the effect of being served by a sheriff and "have fun in court."> second FDCPA violation. Regardless of his claim they will not send you anything by mail, if they don't send you a letter within 5 days, including in it your right to dispute, another FDCPA violation. If his strongest hand is verbal threats, odds are you will get additional calls. If it was still within SOL, he would just send you the required notice, and sue if it was worth it. Be prepared to record.
