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  1. #1
    Join Date
    Dec 2005
    Location
    Woodstock Ga
    Posts
    4

    Default Agressive Collections calling on very old debt

    I had a amaco card back in college last used in 1989 and now everything to do do with that debt is off my credit.

    Out of nowhere after I moved to Atlanta I am getting called by a very agressive collections company stating they bought the debt ( which was definitely written off by now ) and want paid.

    They are definitely going against Fair Debt Collection Practices Act 806. Harassment or abuse.
    Yelling at me "Be a man and pay your bills" this is over 15 years ago.

    I mentioned to this woman she was in violation of Fair Debt Collection Practices Act and she replied, well thats a nice theory you have there and began yelling the same thing again at me.

    I replied, I am sorry but this matter was resolved between Amaco and myself and was removed from my credit ( which was there for a long time ) as a charge off.

    They threatened to place this collection which I am sure is not valid on my credit, which I have creditinfo monitoring, but nothing has been put there yet.

    I have not received any mail from this company regarding this.

    Can a company buy out a debt that was charged off by another company that is at least 15 years old?

    I am prepared next time to record and to make sure and let this person know I was recording the conversation.

    Any help or advice would be appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Old Debt

    The statute of limitations for the debt would depend upon the laws of the state where you lived when you opened the account; but it has probably run. Have you officially notified them not to contact you? You may wish to consider filing an FDCPA complaint in small claims court, or seeking assistance from a local lawyer who handles FDCPA violations.

  3. #3
    Join Date
    Dec 2005
    Location
    Woodstock Ga
    Posts
    4

    Default

    I have yet to be told who they are, no official name of the company. They just start in saying they are a collection company for Amaco, which I know is false.

    If I can get them to say their company name and they start in on the abuse then I have something solid on them.

    Is there a way to find out what companies buys out these old written off debts.

    I want to make sure they dont pull something like sending me mail in a plain envelope and by not responding in 30 days I get hit with this 15 year old debt that was already written off a long time ago and killed my credit back then.

  4. #4
    Join Date
    Dec 2005
    Location
    Los Angeles
    Posts
    1

    Default Zombie debt collectors

    Just because the debt is past the SOL does not mean that they cannot try to collect on it.

    They, by law, cannot sue you, and if it is as old as you say, which I do believe, they can't report on your credit report legally. BUT, they can still try to collect on the debt.

    If they collect any money at all, they then report this to the credit bureaus and the 7 year clock starts ticking.

    I would dispute the debt in writing, write a cease and desist letter and be done with the matter. They violated the FDCPA quite a bit as most JDBs (junk debt buyers) do. If they call again you should record them.

    Some states are one-party states, which means you don't have to ask permission or inform them that you are recording them. Check to see if your state is one. If it is not a one-party state then record them anyway, but ensure that you tell them that they are being recorded.

    You could file a complaint with the FTC and the State's Attorney General, but it won't be much good with out the persons name that called and the company name (by the way it is illegal for them not to divulge that information).

  5. #5
    Join Date
    Dec 2005
    Location
    Woodstock Ga
    Posts
    4

    Default

    Well they called again just a few minutes ago.
    I asked her for the company name, and her name:

    Company name - asset management ( did a google but there were several hits with that kind of name )

    The woman would not give her name.

    I was nice and then said please wait until I start recording this conversation.

    She hung up immediately stating " we do not give you permission to record this call " Guess they do not want any proof of their abusive tactics.

    Next time I will just record the call and not tell them...

  6. #6
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Zombie debt collectors

    Quote Quoting sponduliqs
    If they collect any money at all, they then report this to the credit bureaus and the 7 year clock starts ticking.
    that's a big negative! In some states, the SOL will reset if you pay them, but the 7 1/2 year time limit for reporting on your credit report has come and gone. it is 7 1/2 years from the date of the FIRST delinquency leading to the Charge-Off. not 7 years from anytime you've ever paid anything.

    and technicallly they can still sue you for the money, but you have an "affirmative defense" that the SOL has run. if they sue you, you still have to answer the summons and raise this defense. The judge will not do it for you.

  7. #7
    Join Date
    Dec 2005
    Location
    Woodstock Ga
    Posts
    4

    Default

    How to prove this?
    Get the paperwork from the original company that the debt was written off or will that just spur them into going after the very old debt all over again?
    Its definitely off my credit now, so that should show if anything its older then the 7 years.

  8. #8
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    Quote Quoting djbss196
    I was nice and then said please wait until I start recording this conversation.

    She hung up immediately stating " we do not give you permission to record this call " Guess they do not want any proof of their abusive tactics.

    Next time I will just record the call and not tell them...
    depending on your state, it may not be admissable if they don't agree. but most of the time when you call these types of places, they have the standard "your call may be recorded for quality assurance purposes" disclaimer at the beginning. as long as you record that at the start of the conversation, it should be admissable. the employee OBVIOUSLY knew that their conversation COULD BE recorded, and by answering the phone gave indirect consent.

  9. #9
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    personally, with it being that old, i would either send asset a cease and desist letter, and tell them to go pound sand, or get them to violate as many laws as possible so as to sue them in small claims.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Tape Recording Phone Calls in Georgia

    I believe that Georgia is a "one party consent" state for recording telephone conversations, meaning that any party to the conversation may record it without informing the other participants.
    Quote Quoting Georgia Code, Section 16-11-62.
    It shall be unlawful for:

    (1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

    (2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
    • (A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;

      (B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

      (C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;
    (3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;

    (4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;

    (5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65;

    (6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or

    (7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another.
    Quote Quoting Georgia Code section 16-11-66.
    (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

    (b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor“s office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.

    (c) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:
    • (1) Upon finding probable cause that a crime has been committed;

      (2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and

      (3) Upon determining that participation is not harmful to such child.
      A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court.
    (d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section.

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