What to Do if a Debt Collector Tries to Reopen an Old Debt
My question involves collection proceedings in the State of: Florida
I had a bank account with Wachovia in like 2009
That was closed to fraudulent activity. I never heard anything about it I was placed on chex systems and that was all I knew.
Got a call few months back said someone tried deleivering certified mail and I need to be home so I asked for more information or a number they gave me a number.
Guy said I owe 2k from a 09 Wachovia account and they are going to take me to court for the money.
I ask if there’s any options because I haven’t heard of this he says yes you can do a payment plan but we need to put it in the system. I said draw it up
And email me a copy to look at and sign to start the payments.
I got the email and I never signed it. Basically said like 400 down and 125 a month didn’t say how many months or anything. I ignored it.
They keep calling saying that now I have committed fraud in a non payment to the agreement and I will
Be criminally charged for non payment/fraud listed the county I live in police phone number and everything.
Every time these people call I get worried lol I don’t want to deal with the judicial system over an account 7+ years ago.
Says she’s from allied recovery fraud department
Re: Old Debt I Think I Reopened
Quote:
Quoting
Davefla9044
Every time these people call I get worried lol I don’t want to deal with the judicial system over an account 7+ years ago.
No worries.
The SOL is 5 years. See 95.11(2)(b):
http://www.leg.state.fl.us/Statutes/...s/0095.11.html
The debt cannot be affirmed without your signature. See 95.04:
http://www.leg.state.fl.us/Statutes/...s/0095.04.html
Next time they call, remind them of the statutes and that they owe you $1000 for illegally threatening criminal prosecution. Read the FDCPA:
https://www.ftc.gov/enforcement/rule...s-act-text#806
It's too bad that secretly recording conversations is illegal in FL without the consent of all parties.
Re: Old Debt I Think I Reopened
Thank you guys so much. I was so scared when he was telling me the payment options I did give him a card number but told him I do not want to be charged and wanted to sign a email. That email I never signed.
I went to my bank and closed that card and got a new one. They tried to take the payment from my bank. It was declined is why they are saying now i frauded them.
Re: Old Debt I Think I Reopened
They'll say anything to scare you into giving money.
I suggest that you stop talking to them, hang up when they call, block their numbers, email, etc.
Re: What to Do if a Debt Collector Tries to Reopen an Old Debt
I blocked all the numbers I knew for them but now they call on unknown numbers and leave voicemails about how ****ed I am.
I spoke to the guy like 2 days after we first spoke and told him he’s out of SOL and he is harassing me. Didn’t hear back for a little while and he was getting super angry on the phone.
Re: What to Do if a Debt Collector Tries to Reopen an Old Debt
Quote:
Quoting
Davefla9044
I blocked all the numbers I knew for them but now they call on unknown numbers and leave voicemails about how ****ed I am.
I spoke to the guy like 2 days after we first spoke and told him he’s out of SOL and he is harassing me. Didn’t hear back for a little while and he was getting super angry on the phone.
Of course he gets angry. He works on commission in a boiler room setting and his boss is standing over him with a whip pressuring him to collect money or lose his job. People who work as collection agents are often losers who can't do anything else. Once you understand that you can have some fun with it.
Try this. Set up a recorder on your phone. Next time you get a call from the collection agency or a number you don't recognize pick up the phone and say:
"This conversation is being recorded. If you stay on the line you have given your consent to be recorded. Now what do you have to say to me?"
The more angry you make the guy, the more satisfaction you get. You can hang up at any time.