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lindiethrock · Feb 28, 2008, 06:58 AM

I had a collection agency call me Monday on an acct. It was a debt back in 1998. I made a couple of small payments last year because the representative lied to me and said it was a household bank credit card. That is the card I wanted to make payments on. Well, come find out, that was the wrong household bank card. I paid that credit off last year. Well, when I found out, I had already set up payments. The collection agency who called me Monday said I open back up the statue of limitations when I paid them small payments. He was telling me, they could garnish wages and take me to court. I think the bill is about $1000. If every collection agency took their clients to court, the courthouse will be filled everyday dealing with credit. Anyway, they were calling my sisters house looking for me. I called him today and told them, I never got anything concerning this. I think they were sending the letter to my sister's house. Anyway, can I write a cease and desist letter for them to stop contacting me. What do I need to do?

ScottGem · Feb 28, 2008, 07:06 AM

No, You can write a letter telling them that all contact with you be by mail. But if this is a valid debt, and from your post, it would appear to be, then you owe it and they have a right to collect it. In addition, your making payments did restart the SOL so they CAN sue you and obtain a judgement against you. Such judgement would allow them to garnish your salary and other assets.

And the courts ARE filled with creditors suing delinquent debtors.

lindiethrock · Feb 28, 2008, 07:16 AM

Ok, well I don't know if this debt is mines. I told them to send me some information on the debt. Once I rec the information, can I send them a validation letter meaning they will have to send My wallet was stolen years ago and I remember having 1 household bank credit card. Not 2. I was going to send them a letter stating: I need this information.

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

ScottGem · Feb 28, 2008, 07:24 AM

The problem with that part of the law is you didn't notify them of the dispute, you sent them payments. You certainly can send them a letter requesting verification of the debt, but you missed the boat on them stopping collection efforts. Doesn't hurt to try though.

If they do try to obtain a judgement, you will get a summons. You answer that summons with your Intent to Defend, then send them a copy with your request for verification.