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Wow, this is very interesting. My husband has some old debts that have been sold to collections agencies. His credit is not that great, which has been a hassle for me when trying to get car loans, apartments, etc. We are also in Illinois. My husband says that since these debts are past the statute that allows them as collectable he does not need to pay them, and in fact SHOULD NOT pay them because that will bump the record back up on his credit report, which is close to dropping off at this point. IIRC the collection is only for a few hundred dollars ($1k max), but I'm sick of getting letters, and would also really prefer for his credit to not suck. Do you think we should wait it out like he thinks, until it drops off the report and his score crawls back up, or would we be better off trying to fight it like you have?
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Dec 10, 2009 19:35
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CubsWoo posted:If the debt is outside of statute, their attempts to collect are violations of the FDCPA, and if they're trying to re-age (change the last date of delinquency so that the debt appears to be in statute) that's a violation of the FDCRA. Send them a letter demanding they stop trying to collect or you plan to sue because they're trying to collect on a time-barred debt. Do not pay them anything. If they're trying to collect on a time-barred debt, you can be almost 100% sure they won't honor any settlement pay/delete agreements. Real sorry if I missed it in the thread, but can you give me a basic example of what a letter like this should look like? I'm also in Illinois so whatever statute you quoted will probably work for me too (I hope!) 
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Dec 14, 2009 19:54
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You're the best!
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Dec 16, 2009 19:58
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I've been getting calls from a number that when I Google it, shows results as a harassing debt collector. Caller ID: 866-201-0940 Caller: Stephens & Michael Associates I know 100% that I have no debts (never had anything go to collections). However, my husband had a few items that are all now past SOL and he's been building up his credit again. There's a small debt still floating around out there (for like $100 for AT&T or something similar) that he's recently received mail about, and I'm guessing this is what they are calling me about. He has no interest in dealing with them in the slightest, just wants to wait it out and let it go away. I on the other hand, want these fuckers to STOP CALLING ME. Are they at all within their legal rights to call me (his wife) about a old debt from before he even knew me? I don't even know how they got my number. The one time I answered and they asked for him I told them they had the wrong number, this was NOT Mr. EVG's number, and not to call me again, and they just would NOT let me off the phone until I hung up. What's my best legal recourse to stop these freakin' calls? They're calling my cell while I'm at work and it's really Not Good.
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Apr 7, 2011 22:27
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