205-453-1648 / 2054531648

You are correct as to the fire sale pricing of old debt and the tripwires which may reset SoL, including mere verbal acknowledgment. Your position on liability is misinformed, however, and it's a common error.SoL is frequently confused with the seven year FCRA time limit for reporting of accounts to the credit bureaus, which has *NO* bearing on the ability to collect any debt. In a few states a creditor has fifteen long years to file suit for certain debt categories. I do not know of any state with a seven year SoL on any form of debt, but the laws are subject to change, so it's best to consult a state authority.

They get your cell number from your credit report. When you open a store account, get a car loan, or credit card, any phone numbers that you entered on the credit application then appears on your credit report.

SoL runs from 03 to 15 years across four debt categories. It tends to peak at six years in 36 states, or 72% of the USA. When I ran the math ten months ago, the national average SoL for all forms of debt was 5.885 years. This is subject to change as state laws do.

No, Diana's letter was not "well writen" [sic] but competently copied, either from a paper mill lawyer or a blogger who has yet to prosecute a FDCPA claim, hasn't actually read the statute, and doesn't understand how to apply it. Clearly Diana hadn't done the homework either.A full cease-comm letter is *not* the best response for everyone. Anyone in the slightest danger of being sued for old debt should avoid cutting off all contact.Recording your phone call is not the same as giving due notice to a debt collector. A debt dispute in fact *must* be written per the FDCPA. Court cases thrive on paper piles; audio recordings remain difficult to submit as evidence in some jurisdictions.concent: [noun, Archaic] concord of sound, voices, etc.; harmonyconsent: [verb (used without object)] to permit, approve, or agree; comply or yield

Now to rebut Diana's various assertions, which demonstrate she hadn't read the law she was advising us all to invoke: } an Attorney which most of us can't afford to doThe FDCPA has a cost-shifting provision, dumping all the prevailing plaintiff's legal fees on the loser. If your case is solid, a decent consumer lawyer will work on contingency and not ask for more than the court filing fee. If you can't get good help and work pro se, you should still be able to tax your normal costs in settlement, like filing, process service, and mail fees. This is an unusual provision in federal law, meant to help us spank lawbreaking collectors without worry over a price tag. } all we have to do is send them a "Cease and Desist" LetterThis is *NOT* a wise option for everyone, as I explain in that other thread.} every contact is worth $1,000.00 No, the $1K statutory fine is a maximum per action, not per violation. That means an agency can melt down your phone line every day for a month, and that penalty still cannot exceed a grand in your lawsuit. The FDCPA does allow actual damages with no cap, though you face a higher standard of proof.} One case I read about collected over $100,000.... which likely was able to slather on actual damages and state law counts, possibly winning through consent judgment or settlement. The average case is a low margin affair netting maybe $3500, split heavily in the lawyer's favor. } contact an attorney .... advertise on the Internet. A number of prominent consumer law firms actually engage in spam campaigns on database sites like this. They tend to wave jackpot promises in your face, then crank out sloppy, lookalike complaints which don't really suit your case details. They are frankly as mercenary as the debt lawyers. Try shopping locally for lawyers who have actually left their desks and argued FDCPA claims in person. Pull court records, find their pleadings and opinions, test their knowledge.} you can't be sued for anything that is over the statute of limitationsFunctionally you can be sued "out of stat" and the worst junk debt buyers are continually caught doing so. Expired SoL provides a killer defense which the alleged debtor must raise if sued. The threat of suit over sufficiently aged debt creates a FDCPA violation, thus another defense or a cause of action if the alleged debtor wants to be a plaintiff. (Mississippi and Wisconsin residents: You have an enviable Statute of Repose which kills debt the same day SoL runs, making ordinary collection activity illegal thereafter.)I will agree all the way with doing your homework and keeping painfully detailed records of every word and noise the collector makes. Apply the same scrutiny to your own responses and be sure you mean every phrase, word, and comma they contain. If one day you must escalate to a civil suit, your opposition will be doing the same!

Your agreement to be pestered by debt collectors was in your lender contracts, which grant future assignees and buyers the right to enforce contractual terms. This of course is overridden, as your lawyer said, if the debt at issue was discharged. You shouldn't be hassled at all about those debts, which is the whole point of filing BK. You can't be sure, what's more, that the "original docs" really came from the source. If PRA merely prints its own files it violates FDCPA. The character and legal status of your debt was misrepresented, another violation. Time to name them "defendant".

I'm glad to see this underreported issue. PRA has been milking the 1099-C cash cow for years. In principle you should not be paying tax on "forgiven" debt when said debt was never proven valid in the first place. Like Alf said, if you get one of these guided tax missiles from PRA or any other collector, do *not* just bend over and take it.

Collection reps of some agencies are reported to be stingy with the office mailing address all the time. Nothing expressly compels them to give one, especially when trying to honor an alleged debtor's privacy. I have argued like others, however, that a lousy mailing address is not discussion of a debt problem, and that hoarding the info interferes with a person's right to dispute a debt claim on paper as the FDCPA demands. You do have this queen cold on repeatedly changing her name and title, and trying to fudge the office pecking order. A collection rep can use an alias, but must use a *consistent* name.

Pesky bunch .... I would warm up a lawsuit over more than three daily calls, never mind three times that rate. Your verbal demands and threats are useless. Get off the phone and onto a paper trail, using USPS Certified with return card. Maybe PRA "controls the account" but you still control your phone and who gets your money.

In addition to Resident's advice--stay OFF the phone. PRA is notorious for their attempts to bully people into making token payments on time-barred debts to "restart the clock" and "park" the debt on your credit report (a family member was told by one of their collectors to "sell his life insurance"). They managed to say this before I jerked the phone out of his hand and hung up on them.