A debt collector called last week trying to collect on a debt, from a credit card my wife, supposedly. got right out of high school. That was 18 years ago. She supposedly stopped paying on the card back in 1986 and left a balance of $440. They informed me they have sent letters, which I told them we never received...so, they suggested emailing it to me...which they did. After reviewing the emailed letter, I informed the person, the next time the called, that this debt was 18 years old and past the Statute of Limitations and to stop calling. We are currently in the process of writing a letter to them and sending it certified mail...stating the same as I told them on the phone. Well, they are calling every night. Tonight when I answered the phone and heard who it was, I informed him again that the debt is past the Statute of Limitations and he told me..."I am sick and tired of you telling me that.". Is that harassment? Now, I am not looking to not pay a legit debt, but do not want to open a can of worms, since this is off the credit report and past the Statute of Limitations...paying it could actually hurt us more than not paying it. My wife does not even recall having the credit card. So, my questions is how do I handle this matter? Thanks for any helpful info!
This is well past the SoL, so they are SOL. Even though a debt is an absolute promise to pay, if the Statute of Limitations is in force you have the right not to fulfill the promise. The debt is still valid, but they can't sue and it cannot show on your credit report. You are essentially free to ignore it. Send them a certified cease and desist letter. If they contact you again, say you are recording the conversation and threaten to sue. Verbal abuse and harrassment are illegal. Check out the Fair Debt Collection Practices Act (FDCPA). I may be wrong on all accounts. Check with an expert.
You need to stop talking to them on the phone and send them a CMRR requesting validation, and a limited Cease and desist order to only contact you by mail. When (if) they send you validation, your next defense to them is that the SOL has run out on collecting this debt and they are S*O*L!
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Your wife may not recall having the credit card if it was never hers. Does she even recall the creditor?
