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hoanje | Collection Laws? |
My brother has a debt from 1996. He has recently been contacted by a collections agency saying that they have been granted a 10 year extension to collect this debt.
They have been very ruthless and downright mean. They finally sent documentation of the debt and it looks like it was a hospital bill.
Is this correct? Can they in fact get extentions? He has no income (and hasn't had for more than 5 years).
If it makes a difference, we are in the state of Oregon |
 |
 
Robbie
|
What Christine said was inaccurate. Not a personal jab at her, but the statement is completely false.
There are two timelines for debt. The timeline that should be of most interest to you is the 7 year maximum limit that any collection can remain on your credit report. This clock cannot be reset under any circumstances.
The other is called the Statute of Limitations, and in Oregon the Statute of Limitations for you is 6 years across the board. The Statute of Limitation is the timeline that allows a debt collector to take legal action against you in an attempt to collect a debt. After the time has expired, they can no longer take action legally, but only annoy you. The Statute of Limitations can only be reset if your brother has made any payments on this account, which would reset the 6 year clock to the last time he made a payment.
Now with that said... There are many other factors that I do not know about your brother. However, if he has not reset either of these times himself (ie: by making a payment), I would strongly recommend you get a fresh copy of your credit report from the link below.
With this report you need to do two things. (A) Make sure this collection is not being reported, and if it is, dispute the account with the respective credit bureau as obsolete. (B) Write and send a "Cease and Desist" letter forbidding them from contacting you in regards to this debt anymore. Send this Certified Mail, Return Receipt Requested.
I highly recommend that you and your brother visit the forums at http://www.creditboards.com, as there is a wealth of information there from people that are going through the same process. |
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Crazyjester9
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You got some good answers here. This debt is way beyond both the 7 year reporting period and Oregon's 6 year statue of limitations.
Tell your brother to send this collection agency a cease and desist letter stating they are not to contact him any further. Send it certified return receipt so you can prove they received it. |
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hasdad62
 |
No, They are just trying to collect a debt from your brother that is way past the collections Statute of Limitations. They are allowed to try to collect these debts, but normally not very successful, and often quite deceitful. Tell him to send them a cease and desist letter, and they have to leave him alone. |
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Sgt Big Red
|
This is an attempt from a "junk collection agency" and has no legal right to attempt to collect this debt in any court of law due to Statutes of Limitations.
There is no such thing as an extension. You need to check his credit report to see if they "re-dated" the debt. If they did, then they violated the following:
RE-DATING OF THE DEBT IN VIOLATION OF
[CITE: 15USC1681s-2] § 623. Responsibilities of furnishers of information to consumer reporting agencies
a) Duty of furnishers of information to provide accurate information (1) Prohibition (A) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. (B) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if-- (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.
You can research this collection agency at this web site:
http://www.budhibbs.com/drowning_in_debt.htm
The only debt that has no statute of limitations is a student loan.The statute of limitations on defaulted student loans was eliminated by the Higher Education Act. Section 484A removes all limitations and gives the Department of Education or the guaranty agency (bank or lender) the ability to file suit, enforce judgments, initiate offsets, or other actions, to collect a defaulted student loan regardless of the age of the debt. Statutes of limitation are no longer valid defenses against repayment of a student loan. |
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Epiphany
 |
No.
This is a copy of The Fair Debt Collection Practices Act
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
2005 Revised Oregon State Law Regarding Debt Collection can be found here http://www.leg.state.or.us/ors/
Fact for consumers regarding debt collection http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
When Hardball tactics go too far (article from Privacy Rights) gives tips on dealing with agencies and situations
http://www.privacyrights.org/fs/fs27-debtcoll.htm
Good luck :) |
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Crazy cat lady >^ ^<
 |
You received a bunch of great info here all are correct expect Christine again not to point the finger at her I just want you to be certian what the collection agencie is doing is wrong. |
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MBATXguy
|
Okay.. First of all... I have to disagree with what the other person stated.. Debts do not "re-age" because they are sold from one collection agency to another.. Once the debt is 30 days past due, the legal amount of time for which a debt can be reported on a credit report is 7 years + 180 days.. Now, this is something separate from a collection agency coming to collect on a debt. Here is the time frame for collecting a debt:
Oregon Statutes of Limitation
Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE: There is no statute of limitations for a cause of action brought as a counterclaim to an action by the seller. (ORS 646.638(6)).
Contract or liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).
As you can see, his hospital debt falls under a contract situation.. Obviously, this debt is expired and they have no justification to collect it..
What is interesting though is what you said?? The sentence above implies they have received a judgment against him. What you need to do is contact the local district court in your area along with all other civil courts there. You need to find out if a judgment against him exists. If so, you need to immediately file a motion with the court that made the judgment (get a local attorney) advising proper service of the lawsuit was not completed. Process of service means a marshal or someone needs to bring him a summons to appear in court as a defendant to this case. If you can prove this was not done, the judgment will be vacated and a retrial will be redone. If a retrial happens, you need to show the judge the law above (Oregon State law - find the section # listed above) and tell him the debt is past the statute of limitations to collect. In addition, request "summary judgment" in his favor, but ask the judge for damages for attorney fees.
Now, if no suit has been filed or judgment issued, then handle it this way. When they call, ask them very specific questions of the following:
1 - Provide me an address where I can send written correspondence on the debt. Tell them you have a question on the amount, but would rather question it via letter.
2 - When they provide you the address, send a "cease and desist" letter by certified mail... What does this letter look like... See sample below..
Go to this website--- might be better
http://www.fair-debt-collection.com
Now, until they receive that letter.. Here is what you can do, when they call.. do one of three things..
1) Advise them call is being recorded and be very disrespectful towards them
2) When they call, utilize a whistle and when they start talking, you blow the whistle loud into the phone.
3) When they call, just listen, but say nothing..
Eventually, they will get the point.. |
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Grandpa
|
The Statute of Limitation has ran out the debt it is 7 years in all most states tell them will they call that he is not working and that the debt is to old to collect for and you have the right to tell them not to call and they have to respect you if the do then i would turn into a complaint against them with the telephone company |
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Christine D
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As far as I know, debts are constantly sold between collections agencies. Once they are sold, it becomes a "new" debt to that agency and they can report from that date. |
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