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It’s Been So Many Years But First Card Visa Collection Company Contacted Me. – Sally

“Dear Steve,

I was contacted by a collection agency regarding a First Card Visa that was opened in 1991 and closed as a charge off in 2006. They just contacted me yesterday and it’s 2013!
Can they still collect from me even though it was a charge off?

I am aware that collections is big business and they coming out of the woodwork to collect anything they can.

I was contacted by a collection agency regarding a First Card Visa that was opened in 1991 and closed as a charge off in 2006. They just contacted me yesterday and it’s 2013! Plus, I have checked by TRW and cannot find this account.

Can they still collect from me even though it was a charge off? What actions should I take, if any?

Sally”

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The Answer

Its Been So Many Years But First Card Visa Collection Company Contacted Me.   SallyDear Sally,

They can certainly attempt to collect from you but if the account is time barred or outside the statute of limitations then they can’t sue you. You’d need to check with an attorney that is licensed in your state for information if they are prohibited to sue.

But it sounds like this is a debt that has been passed from debt buyer to debt buyer and the reality is they probably don’t have the documentation to collect. See How to Dispute and Ask a Debt Collector to Validate a Debt before you admit to the debt. Let’s see if they can even prove this is a valid debt.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Its Been So Many Years But First Card Visa Collection Company Contacted Me.   Sally
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Sally

    Thank you!!! I will blast them with this if they try to contact me again!

  • caryniam

    This conduct may also be a violation of the Fair Debt Collections Practices Act. e.g.,

    § 805. Communication in connection with debt collection [15 USC 1692c]

    (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt –

    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

    (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

    (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

    (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

    (c) 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 the consumer with respect to such debt, except –

    (1) to advise the consumer that the debt collector’s further efforts are being terminated;

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    If such notice from the consumer is made by mail, notification shall be complete upon receipt.

    (d) For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

    § 806. Harassment or abuse [15 USC 1692d]

    A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

    (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

    (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

    (4) The advertisement for sale of any debt to coerce payment of the debt.

    (5) 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.

    (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.

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