Imagine getting a letter out of the blue from a collection agency concerning a debt that was handled in California Superior Court in 1998, well beyond the Statue of Limitation. Little did they know that I have eight years experience as a debt collector.
EVERYTHING they did from the letter thanking me for arranging a payment plan with them (never happened!) to their kind suggestion I begin payments at once was a direct violation of The Fair Debt Collection Practices Act (15 U.S.C., 1692). You don't have to be an attorney or in the debt collection field to go to the library and pull a copy of this easy to understand this law and KNOW that this company is not complying with the guidelines and requirements of this act.
SO WHAT TO DO? Send a certified letter to ARA and dispute this debt the same day. Let them know that you know the Statute of Limitations, if that applies. Then, ask for validation of the debt. They MUST send you information about the debt, the company, how they got the debt and your record of payments.
THERE IS MORE TO DO: File a complaint with your state's Attorney General (forms on line), a complaint with the Better Business Bureau and I even filed a complaint with the Federal Trade Commission.
Keep your records. If I had not had a copy of this court action back in 1998 and kept receipts, (and did not know the collections laws and procedures), I might have just sent them monies, which would have reinstated that debt which was taken care of 12 years ago.
I am now looking for a good attorney to see what can be done. You help is appreciated.
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