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  1. #1
    Join Date
    Aug 2018
    Posts
    7

    Angry Contacted by Collections After the Statute of Limitations Has Run

    My question involves collection proceedings in the State of: georgia

    in 2009 I defaulted on my citi bank card. total 22.000 recieved the typical calls, told them i couldnt pay. every now and then id get a call. ive asked for validation of debt received nothing.

    final late 2015 the 6 year statue ends. then 2 weeks ago over 3 years after the statue is up i start getting calls. not to me but to the family. telling them i wrote bad checks, fixing to be arrested faceing fraud charges anything to get me to call them. when i call it turns out to be about that card. i have told them its a time barred debt and to go away. also for some strange reason citi bank and no other collection agencys every reported anything over the years to the credit bureaus. calls have come from 2 seperate numbers one is a robocaller, the other calls from columbus ga .

    one calls themselves in house sollutions the other recovery solutions group. they said a summons would come from my county courts. i called the courts have no pending info on me. Not sure why they would call about a debt 3 1/2 years past the statue. or why nothing was ever reported to the credit bureaus. I called once said i would record the conversation got hung up on. my sister inlaw a lawyer called them and the hung up when she asked for a fax number and an address. not sure at this point how to handle it. with all the scams out their and the fact its time barred. each call starts the same way we have a faxed in complaint. i have filed complaints with the bbb fcc fct nothing. I'm very sick partially crippled with no job most likely wont work again and have no assets

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Collections Calling Again

    A creditor is not obliged to provide validation, only third-party collection agencies. Such validation is pretty minimal even when it is provided.

    Recovery Solutions Group is breaking the law. They're not supposed to talk to others or threaten legal action, nor attempt collection of a time barred debt.
    Alas, the FTC (which is the operative agency here), is pretty toothless about pursuing these.

  3. #3
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    would the fact nothing is on my credit report prove statue is up since nothing shows over the last 7 years. im trying to figure out how to prove to the judge its a time-barred debt just in case this collector trys to sue. since no one will fork over validation citi wont answer questions. my bank only provides statements going back 7 years and its almost 9 now

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Collections Calling Again

    Quote Quoting josephga
    View Post
    Not sure why they would call about a debt 3 1/2 years past the statue.
    You are probably dealing with a junk debt buyer that is using illegal collection tactics to try to scare you into paying on the debt. Read this.
    Quote Quoting flyingron
    View Post
    They're not supposed to talk to others or threaten legal action, nor attempt collection of a time barred debt.
    They should not threaten legal action if it is time-barred or, even if it is not, if they do not actually intend to sue. But as long as they do not use unlawful collection tactics, there is no reason that a debt collector cannot try to collect an expired debt.
    Quote Quoting josephga
    View Post
    I'm trying to figure out how to prove to the judge its a time-barred debt just in case this collector trys to sue.
    You would raise the statute of limitations as an affirmative defense, and would utilize discovery to demand information about the debt and the date that the cause of action accrued (the date the statute of limitations started to run).

  5. #5
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    i pulled my credit reports yesterday. strangely there is no activity on my report for the last 7 years. even before then i looked and for an odd reason nothing was ever reported to any credit bureau. from day 1 of dfault nother ever posted to a credit report

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collections Calling Again

    The statutes of limitations of most states are not absolute. There are reasons the running of the clock may toll (pause). The creditor would have to support such a claim if the debtor is sued and asserts an sol defense but until you would face them in court, you’re stuck with the collection attempts.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Collections Calling Again

    It's illegal to threaten criminal prosecution no matter what the SOL is.
    It's illegal to discuss the debt with other than the debtor.

  8. #8
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    Quote Quoting jk
    View Post
    The statutes of limitations of most states are not absolute. There are reasons the running of the clock may toll (pause). The creditor would have to support such a claim if the debtor is sued and asserts an sol defense but until you would face them in court, you’re stuck with the collection attempts.
    whats strange i got this card in 1994 had it until 2009 default. they never reported to the 3 credit agencys even while in good standing.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collections Calling Again

    As others have stated, it’s likely to be a junk debt buyer. Whether you choose to ignore them (unless suit is filed. Never ignore it when you are actuslly sued) or choose to engage them in some discourse is up to you

  10. #10
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    I've decided to wait and see it a get served. if so i'll follow the advice and first ill file to have it dismissed on being a time-barred debt then if required too ill file an answer with the courts. Based on time-barred and no reports to any of the credit agencies. I also think of myself as judgement proof. I sold and gave away most of my belongings years ago to move in with family and care for my sick father. i own no car, no home, no property, very little in checking I'm married and my spouse covers all the bills and my names not connected to any of his banking accounts. also I was injured in 2014 that resulted in being partially crippled and no longer work. worse case i'll file for bankruptys if i lost..

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