There was an illegal charge on my credit card close to 10 years ago. To my surprise this once "dead account" has resurfaced with Camco.
First of all - Statute of Limitations: This is very simple. What is the Statute of Limitations (SOL) in your State? I have spent hours online doing much research on my rights, what's legal and illegal, and here's what I found:
1) I'm from California; the (SOL) is 4 years from when the contract was written. If I were to pay ANY amount, the (SOL) RENEWS for ANOTHER 4 years - DONT PAY A THING!!! The (SOL) has expired on my account which means LEGALLY, they cant do a thing! They CANNOT sue me. If I were to negotiate a payment of any type, $1.00, $5.00, $100.00, ANYTHING, guess what? They NOW have a leg to stand on.By paying them something, I just renewed my (SOL) for another 4 years (or however many years it is in your state). This is why they are calling you, to Bully you into paying something.
Oh and by the way, Collection agency's may already know that the (SOL) has expired on your account, they are just banking on the fact that YOU don't!
2) Sonow you found out that the Collection agency cannot take you to court, but that doesn't keep them from calling you and harassing you, but THIS does! The Fair Debt Collection Practices Act' (FDCPA).
A) Section 805: Communication in connection with debt collection [15 USC1692c].
It basically states that they cannot contact you at any unusual time or place, which should be known to be inconvenient to the consumer. Wellwhat if Collections didn't know it was inconvenient to you? Then they can call you between the hours of 8:00am 9:00pm. Soyou let them know in writing that it's inconvenient to call you at all times! This Fixes that loophole! Part three of Sec. 805 states that they cannot call you at your place of employment. Well, with my situation they were calling my cell phone place of employment, for me YES. Tell them your cell phone is part of your business and to cease and desist. If your cell phone isn't your place of business, then make it a part of it (an extension of it) they won't know the difference.
C) Section 805: Ceasing communication.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with such debt. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Nowonce you notify collections of this information, they may contact you for one final time. (Read section C parts 1-3 at the link below)
Now for my FAVORITE Civil Code.
Section 806: Harassment or Abuse [15 USC 1692 d]
A debt collector may not engage in any conduct the natural consequences of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
Section 806 of the FDCPA should cover you for everything! Regardless if you owe money or not, they do not have the right to call you! The wording Intent to Annoy says it all!
This link will take you there. Once again, may I suggest visiting this site and reading all you can, after all my version is the edited version.
Www.ftc. Gov/os/statutes/fdcpa/fdcpact.htm#805
If in the end they continue to call you and violate the law, you should be able to file a police report within your state, call the FBI, the Better Business Bureau, the State Attorney, and the FDCPA
As of now I have copied all of these laws and codes, highlighting sections they are violating. I will be attaching a cease and desist letter informing them of all these violations, and if this doesn't work then small claims court will have to do!
In the end, don't let them bully you! Do your research and read, read, read. There is so much more information out there, more than I have stated here.
Good luck.
Pete
Sherman Oaks, California
U.S.A.
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