[lor03]

Help - My husband has an old debt that is from 1994. We have never contacted the agency or agencies because it was being disputed with his College.

They continue to call - we have told them that the college has informed us that we should no longer be called on this as they wrote it off. We have told them that we are not discussing this matter with them and will deal direct with the college on it.

They call the house daily, they call my husband's job daily, they have called my job a few times.

Is there a letter or something that I can do to get the phone calls to stop... or is this something we will need to deal with for the rest of our lives??

[Fr_Chuck]

Ok a lot of bad advice,

To charge off a debt is merely an accounting term, it does not mean you don't owe the money, you will still owe the money,
So they charging off the debt merely means it was wrote off for tax purposes, but you are still legally liable for the debt.

They may have bought the debt and if so you do owe them now, if not, the college would have hired to ( turned over the debt) to them to collect.

You can write them and inform them not to contact you further on this.

But even if a debt is too old to sue in court, the collectors can call you for the rest of your life, they move it from one collection agency to another and back again, and can do this for the rest of your life and some will try a little longer.

Also was this a student loan ? Or just a debt direclty to a college.
As there is no statue of limitation on student loans, and I know in some states can even garnish your pay without further court action.

So you need to explain more about the debt

[lor03]

It is a direct payment to the school - not a student loan. Something happened with his financial aide.

The school is holding his diploma until it is paid. The school told him that they could pay them direct and he could receive his diploma.

Should he not do that because he does not owe them the debt? I have told the agency not to call my job - they still do. My husband has told them not to call his job - they still do.

I have told them not to call the house - they still do. THey told me they will continue to call daily until it is paid.

[zopko]

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

 What the money you say I owe is for;
 Explain and show me how you calculated what you say I owe;
 Provide me with copies of any papers that show I agreed to pay what you say I owe;
 Provide a verification or copy of any judgment if applicable;
 Identify the original creditor;
 Prove the Statute of Limitations has not expired on this account
 Show me that you are licensed to collect in my state
 Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 Violation of the Fair Credit Reporting Act
 Violation of the Fair Debt Collection Practices Act
 Defamation of Character
 If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name