Hi I received a second phone call from Portfolio Recovery, 10 days after the first one. They tried to validate my identity. They trying to collect a debt from 1990 (in CALIFORNIA). As I understand they have to mail me their demand one week after the first phone call. If I don't do anything can this debt assumed to be valid? Since I didn't gave them any information, I don't have the amount of the debt and account number. Any advice? Thanks, Yoji
I don't know anything about having to mail you a demand, but there is some language in the FDCPA pertaining to disclosures. It's worth noting that this is happening to me as well. Portfolio is calling me from a 407 area code over an ancient debt well past SOL, and not leaving messages. I wonder what they're up to.
The FDCPA requires that the CA send you a letter that outlines your rights under the FDCPA within 5 days of their first contact with you. It sounds like they got a batch of old debts and are just fishing to see who bites. If you want to make a fuss, you could take 'em to court for an FDCPA violation. If you want to make them go away, threaten a law suit for FDCPA violations and tell them to cease and desist their collection activities on this out-of-statute debt that may or may not even be your responsibility to pay and may or may not be theirs to collect.
