How to deal with credit card debt collector?

Question

I am on disability benefits, SSDI, and have been since 1999.

Between 1994-1998, when I was in college and then working, I had several credit cards. 2 Visa, AM-EX, 2 store cards.

When I became unable to work in 1998 i soon became unable to pay on the cards. Later they went to a collection agency.

I have been told consistently by case workers and by a lawyer that I do not have to speak to the collection agency or respond to their correspondence. My psychiatrist told me not to speak to the collection agency because it is bad for my mental-health condition, and my physical health. I am not expected to improve enough to return to work.

The lawyer told me that the collection agency is bullying me when they threaten court, as they will get nothing because my only income is SSDI.

For about five years the collection agency has left me alone.

Now they start calling me again, this time they say I had a Matrix MasterCard issued in 1996 and delinquent since 1998.

I know for certain that I never had a Mastercard, just the cards I mention above. I have told them this twice.

What do I do?

I live in the State of Maine.

Answer 1

You have absolutely nothing to worry about. This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

- written validation of this alleged debt and that said alleged debt is within the statute of limitations

- Cease all verbal communications with me about this alleged debt.

--------------------------------------...

Per the Fair Debt Collection Practices Act the must cease communications with you.  After you send the certified letter, if they continue to call, read the following statement to them:

Pursuant to Maine state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to Maine state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded.  This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.

Answer 2

I would suggest, stop even trying to reason or argue with them.

When they call, say, sorry, bye, and hang up the phone.

If they call again, say stop harassing me,

If they call again, say you keep harassing me and now I am going to take legal action about it.

Then call your phone company and ask them to block them from calling you.

Peace and quiet.

Just don't even bother listening to what they say or arguing with them. Why bother? They will just argue and probably lie or whatever, and since you CANNOT pay, and will not pay, there is absolutely no point in talking to them. So why bother with the stress?

Tell them to get stuffed and hang up on them, or every time they call, say "Just a moment please" then put the phone on the table and leave it connected, see how long they can take it.

Or, worst case, change your phone number.

Answer 3

If your lawyer has advised you not to speak to them, why are you still

doing this.  Every time you answer their calls, if you say something

like this, youre confirming a debt, you have to stop. Do you have

caller Id. Dont answer phone nos. you dont recognize. If they ever do

take you to court, theres nothing to collect, theres no income, no

money, no assets. they cant get blood from a turnip, sure theyre will

be a judgement but you dont know who will win or if it will ever go to

court. My dad he always used a wise quote when I would get worried

about things. (Sweetheart, dont worry so much if its gonna rain, its

gonna rain, whether you expect it or not, so let it happen, and worry

about it, when it happens).  Good luck!!!