Ask Experts Questions for FREE Help !
Ask
    AKaeTrue's Avatar
    AKaeTrue Posts: 1,599, Reputation: 272
    Ultra Member
     
    #1

    Apr 14, 2008, 06:44 PM
    Junk debt collector, don't understand all the sticky note
    I'm being pursued by a junk debt collector.
    This was a medical bill that was settled and just came off my credit report last month (March).
    They are wanting payment for what was left over after I settled.
    They sent the letter (an attorney letter) to my mothers home, which she gave to me.
    In the letter is says everything the sticky note by Mr. yet said, but I don't understand how to handle it.
    Do I ignore them and not contact them or request validation of debt? Or something else?
    Can this go back on my credit after it just came off?

    Thanks if anyone has any info for me.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Apr 14, 2008, 06:53 PM
    Do you have the settlement papers?
    I think they are just trying to scare you into seeing what more they can get out of you.

    Type the 800 phone number in the phone number space and you should get a good idea of what problems others are having with them

    Phone Number Comments
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Apr 14, 2008, 07:07 PM
    First there are some companies that just look for debts listed in court and try to collect even if they have no authority to do so.

    Also a lot of "attorney" letters from collection firms are either not real attorneys or some 1st year attorney that works for the collection company just to sign names to collection letters.

    So if you actually reached a real settlement with the company, you can send them a copy of the actual settlement, If you have proof that debt was settled by the creditor, you laugh at then, send them a copy of the settlement and tell them not to contact you again
    AKaeTrue's Avatar
    AKaeTrue Posts: 1,599, Reputation: 272
    Ultra Member
     
    #4

    Apr 14, 2008, 07:22 PM
    No papers, this was like 6 or 7 years ago.

    The attorneys office of Stokes & Clinton sent me a letter for their
    Client, International Portfolio, INC (the junk buyer).

    So, I don't have the number to the junk buyer.

    The letter says:

    Dear AKaeTrue
    Our Client, INTERNATIONAL PORTFOLIO,INC has been assigned your charged off account from (a city I use to live in in another state).
    INTERNATIONAL PORTFOLIO, INC has placed this claim with our firm with instructions to collect the balance in full.

    Federal law requires us to advise you as follows:
    This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. If you do not dispute this debt or any portion of it within 30 days, we will assume that it is valid. If you dispute this debt in writing within 30 days, we will mail you verification of the debt or a copy of the judgment, if applicable. If the above creditor is not your original creditor upon your submitting a written request within 30 days for the name and address of the original creditor we will furnish such information to you.

    This communication is from a debt collector.

    At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, an attorney will personally review your account if it is deemed necessary by this law firm or our client, or if you request that we do so.

    Please contact our office....


    So that's the letter, just not sure how to handle it.
    Thanks again.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #5

    Apr 14, 2008, 07:26 PM
    Okay here is what I found

    # To clear your credit report:
    If any of your accounts were charged off more than seven years ago, the damaging information on that account should have been erased from your credit bureau file, and a collection agency cannot reenter the information. This process take place under a federal law, called the Fair Credit Reporting Act (FCRA), that regulates the actions of all creditors and credit reporting agencies. The law is designed to protect consumers, creditors, and credit reporting agencies. The FCRA enforces the seven-year limit; specifically, it says that information in a consumer's file concerning accounts that have been charged off or placed for collection must be completely erased after seven years from the date of last activity; last activity generally means the date the creditor charged off the account. On the copy of your report look at the date of last activity. Has it been seven years from that date? If so, write to the credit bureau and tell it to remove the account from your file. Each one of your accounts is probably different. For many of them, that seven-year limit may not be far away. Making a new payment now would merely create new activity in your account and start the seven-year cycle over. Be very careful about doing this.
    # To deal with bill collectors:
    When it comes to collection efforts, each state has its own statute of limitations governing how long a debt is considered legally collectible. In general, the limit is about four to five years from date of your last payment. If a creditor waits beyond the time limit set by the statute of limitations to sue you, the case can be thrown out of court. To find out about the statute of limitations in your state, contact the Office of the State Attorney General. If you know that your debt has expired under this statute of limitations and a collection agency happens to call you, do this: Explain to the agency that you will pay only if you are taken to court and a judgment is obtained against you; otherwise, you have no intention to pay what you believe to be a legally uncollectible debt. The key here is to put your argument in writing, adding a clear demand that the agency stop contacting you. The Federal Fair Debt Collection Practices Act, another federal law, declares that if the state-regulated limitation period is up, the agency may not contact you again once it receives your letter-except to say there will be no further contact. If the state statute of limitations hasn't yet run out, paying something on your charged-off accounts will not help clear up your credit report and may start the collection agencies' clock ticking anew, so once again, think hard before you do this. Only time will repair your credit report-specifically, the seven years it takes until the credit bureau must, by law, remove the debt notation.

    http://www.suzeorman.com/igsbase/igs...ExpertiseID=19

    Suze orman is reputable.
    AKaeTrue's Avatar
    AKaeTrue Posts: 1,599, Reputation: 272
    Ultra Member
     
    #6

    Apr 14, 2008, 07:26 PM
    Quote Originally Posted by Fr_Chuck
    First there are some companies that just look for debts listed in court adn try to collect even if they have no authority to do so.

    Also alot of "attorney" letters from collection firms are either not real attorneys or some 1st year attorney that works for the collecton company just to sign names to collection letters.

    So if you actually reached a real settlement with the company, you can send them a copy of the actual settlement, If you have proof that debt was settled by the creditor, you laugh at then, send them a copy of the settlement and tell them not to contact you again
    I would do that if I still had the papers.
    They are long lost.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can Debt Collector Garnish Husband Wages For wife's Debt [ 3 Answers ]

Prior to even meeting my husband I inccured a credit card debt which I have since defaulted on. I just recently received a summons in response to this debt and am unable to pay the amount in full. Are they able to garnish my husbands check for a my debt as that I am a homemaker with no income?

Can a debt collector collect on a debt charged off with a zero balance? [ 3 Answers ]

Since I have been served papers for lawsuit by Capital ONe. Someone from Elite Recovery services, Inc has sent a letter to my husband saying "advised this account has been identified by our legal Department as an account to be forwarded toan attorney." This was seen on my husbands credit report...

Junk collector contacted me on live parent debt [ 2 Answers ]

I received a call from a junk collector trying to find my dad (he was in the hospital at the time). So I talked to the person (very stupid of me after reading all the posts) but I took all the information that he had and stated that I would get with my father to resolve. I naively knew my parents...

Contacted by debt collector after notification that debt was not valid [ 1 Answers ]

I was contacted by a debt collection agency by phone stating that I owed $686.00 from 1991. I returned the call to find out what this pertained to and the gave me the name a store credit card that I had at that time - during that period my ex- husband filed bankruptsy and all accounts ( personal...


View more questions Search