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Astoria · Mar 15, 2007, 04:41 PM

What do you do about a debt collector who completely ignores the statute of limitations for NY? I keep on getting a call from "vital recovery services" trying to collect on a Discover card I had in college. I explain it was 8-9 years ago and way past the statute of limitations. They lie to me and tell me NY has no Statute of Limitations on debts and they will continue trying to collect until the debt is paid off.

ScottGem · Mar 15, 2007, 07:28 PM

Originally Posted by Astoria

What do you do about a debt collector who completly ignores the statute of limitations for NY? I keep on getting a call from "vital recovery services" trying to collect on a Discover card I had in college. I explain it was 8-9 years ago and way past the statute of limitations. They lie to me and tell me NY has no Statute of Limitations on debts and they will continue trying to collect until the debt is paid off.

First its not a good idea to piggy back your question on someone else's thread. It can confuse matters. I'm asking this be moved to its own thread.

As to your question, they are right and you are wrong. There is no SOL on the collection of a debt. There is an SOL on when they can sue you to collect the debt. That has past so they can't sue. But there is nothing that says they can't continue to dun you.

Astoria · Mar 16, 2007, 08:40 AM

Originally Posted by ScottGem

As to your question, they are right and you are wrong. There is no SOL on the collection of a debt. There is an SOL on when they can sue you to collect the debt. That has past so they can't sue. But there is nothing that says they can't continue to dun you.

So what does it mean that they can continue to collect but cannot sue? They can threaten and harrass but cannot go to court to have a court enforce it? Just wondering if there is anything they can do besides threaten without being able to take legal action... Can they still report it on your credit?

Originally Posted by ScottGem

First its not a good idea to piggy back your question on someone else's thread. It can confuse matters. I'm asking this be moved to its own thread.

My apologies for thinking this place was like any other forum on the internet where you can ask a question in the same thread that is on the same subject with out getting ed at for it. Lighten up! This topic is "What exactly is the statute of limitations on credit card debt in NY? " It's not like I folled up with a question like "I rear ended a car in Cali... what do I do?" I see in a link provided it was 6 years... I assumed it meant collection too, I am not a lawyer that's why I asked. You helped me and I thank you.

Like I said I assumed this was like most forums where it is OK to ask a question on the same subject in the same thread. It just seems like a whole lot of trouble not to "piggyback" my relevant question here and have to start a whole new topic for it... Or maybe you just like giving new members sh!t who knows.

ScottGem · Mar 16, 2007, 08:47 AM

Astoria,
Yes they can still report it on your credit. They can continue to dun you as long as they do so within liegal boundaries.

I don't know what sites you have been to, but most of the Q&A sites I have worked do not support piggybacking. That may be fine in a discussion type forum, but not in a Q&A forum. Having different lines of question in the same thread can get confusing.

I also think you need to rethink your attitude. All I was doing is trying to help you by pointing out one of the guidelines this forum is run by to help you use it more efficiently in the future. There was and is no need to be crude.

MIMI3 · Mar 16, 2007, 08:55 AM

There is something you can do you can write them a cease and desist letter. Basically explaining you are not going to pay this, why and tell them to cease all communications with you.

Nosnosna · Mar 16, 2007, 08:58 AM

At the very least, write them a letter, sent certified mail, stating that all communications will be in writing. Then just file the incoming mail directly into the shredder.

excon · Mar 16, 2007, 09:19 AM

Hello Astoria:

Do what MIMI said. Send your letter certified, return receipt requested. MIMI's advice, as it Scott's, is pursuant to the Fair Debt Collection Practices Act. The fines for contacting you after they've been ordered not to, is up to $1,000 per day. You may certainly remind them of that in your letter. In addition, I suggest that you conclude with the admonition "Contact me at your peril" - just because I just like to stick it in their eye one last time.

excon

PS> I think you still owe the debt, but I hate collector scumbags.

Astoria · Mar 16, 2007, 11:39 AM

Thanks everyone for the info!

Just recently I had been getting calls from this Debt collector all recordings half the time with no name when they say "this is a message for..." then they started giving the wrong name (they have even sent letter to my house with thir name)... then finally my name. So I them yesterday saying they got a call from them. They ask me my number they say "this is (insert the wrong name they left on my machine severa times)" I tell them I never heard of him and tel them my name. They say "hmmm thats odd... oh... ok... you owe Discover money."

Originally Posted by excon

PS> I think you still owe the debt, but I hate collector scumbags.

Right, if I was in a better financial position I would pay it but I am not going to go without to make a company who does not even know who they are trying to collect from.

... and the 3000-4000 they want for an original $500 debt is ridiculous. Gee I wonder how much Discover sold this debt for.

If I make an arrangement to make payments can the company take me to court if I default on those payments?

Can two collection agencies try to collect from me on this one debt?

They can continue to dun you as long as they do so within liegal boundaries

What does that mean? What exactly can they do?

excon · Mar 16, 2007, 02:52 PM

Hello again:

I, along with others, told you what YOU can do to STOP anything they can do. K, I guess you don't believe us, cause you keep on wondering what they can do.

Dude, Google "Fair Debt Collection Practices Act". Read for yourself what YOU or THEY can do.

excon

Astoria · Mar 16, 2007, 05:01 PM

Relax! I never said I didn't believe you. I wonder wha they can do now because I was also just told that "They can continue to dun you as long as they do so within liegal boundaries "

I was simply wondering what that means.

Originally Posted by excon

Dude, google "Fair Debt Collection Practices Act". Read for yourself what YOU or THEY can do.

As I have... I can read all ten pages maybe msinterpit what I read or somebody who knows can simply answer yes or no to my question.

ScottGem · Mar 17, 2007, 06:21 PM

There are rules under the FDCRA about how a collector can go about collecting a debt. The process is called dunning. As long as they don't violate those rules (and the rules can be found by researching the FDCRA) they can try to collect.

If you enter into a payment plan you have started the clock again and they could sue you if you default.

excon · Mar 17, 2007, 06:40 PM

Hello again, astoria:

Dude! You were given the answer by three people; me, Scott and MIMI. We told you exactly what to do, and what the law said. You didn't believe it, so I sent you to where you could read it for yourself. Then you complain. Who's the a$$hole?

excon

ScottGem · Mar 18, 2007, 05:45 AM

More attitude. We try to help and you act rude and crude. If you don't like it, you are free to go elsewhere.

Nosnosna · Mar 18, 2007, 12:07 PM

Originally Posted by Astoria

relax! I never said I didn't believe you. I wonder wha they can do now because I was also just told that "They can continue to dun you as long as they do so within liegal boundaries "

I was simply wondering what that means.

dun - Definitions from Dictionary.com