Please Help

It is never too late to memorialize the conversation. Not as effective as a contemporary record, but of value nonetheless.

Send them the DV... you need to do it within 30 days of receipt of the §1692-g-mandated information. They are under absolutely no obligation to respond under the FDCPA. But if they do not respond, they fall under the FDCPA §1692g(B) prohibition of collection activities until they do provide verification.

If you don't want them calling you, it is best to include the "inconvenient to call" message, even though calling you again would likely constitute prohibited continued collection activities.

You may want to rephrase your DV slightly. You may want to say that you have no record of doing business with the OC in the past 8 years and dispute their claim. You could drop in that you have been a resident of GA for x years to establish the residency claim. (I hope you have lived in GA for more than 4, because that puts you over the GA SOL, no matter how they try to calculate it.)

This is sort of claiming a "not mine" without ever claiming it directly and putting SoL on the table.

If you are absolutely confident that this is not collectible, you could present them with a full cease and desist letter.

I would do the modified "not mine" DV and save the C&D for later correspondence.

 

Consider your overall strategy:

1) to make them go away quietly

2) to let them hang themselves with their own rope.

Both have advantages and disadvantages and both have risks and rewards. But each requires a slightly different approach. So, just think carefully where you want to go with this and how you want to get there.

 

Amen to that.

There is a third way, a combination of the two.

3) Do things that will limit their options significantly and make it desirable for them to elect to go away.

 

Billsfan-

Let's look at this objectively.

At this point all you have is a voice on the phone telling you that they want some money from you. They have admitted to you that this alleged debt is

Out of Statute in New York
Out of Statute in Georgia and
Out of Statute for Credit Reporting.

Here are some facts you should be aware of before you choose ant course of action:

1. They can't get a judgment without serving you with a Summons
2. If you ever do get a summons, you have the right to deny all the allegations in it, forcing them to prove their case at trial. Default Judgments are only automatic as long as you do nothing
3. You already have a counterclaim against them. The mere threat of "pursuing a Judgment" would lead the Least Sophisticated Consumer to conclude that "they indent to sue me". Fair Debt Collection Practices Act (which they are subject to) prohibits false and misleading statements, and courts have ruled that a threat to sue on an Out of Statute debt classifies as such (threatening to take an action they have no legal right to do)
4. Threats are cheap and plentiful in a Bill Collector's arsenal.

If You were m e, here is what you would be doing:

1. Send this jerk a letter telling him the following:
A. You demand Validation of this alleged debt
B. You dispute the debt
C. Contact by telephone at any number and at any time is inconvenient.
D. You reserve the right to file suit for any and all FDCPA violations as they occur - no advance warning will be given
E. Until they provide Validation, they are to take this bill and stuff it.

2. Purchase a tape recorder to record all violations of the Limited Cease Communications order for the Judge.

3. Keep a file of all written and verbal communications (there should be no verbal communications)

4. Familiarize yourself with the Court rules in your area. You may be using them.