Question:

Should I use credit agent to do the work for me?

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A debt collector contacted me for an outstanding credit card payment they purchased recently (California)of $3200 due in 1998. I did only had my record that I paid $800 which is about 75% of the balance. Then they told me that I had not paid off the balance as the offer was short of $200.I could not recall of owing any unpaid balance, and if I did,I would assume that they had already called me up or contacted me at that point.Now what should I do? Please help and share your experience. URGENT........

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3 ANSWERS


  1. Be careful, scammers are notorious for faking people out of their money. Call the bank or credit card company directly. Don`t use any numbers or addresses from the scammers. They can be bogus scheme numbers to fake you into thinking they are legit. Good luck!


  2. California statute of limitations on credit card debt is as follows:

    Open Account (credit card):  4 years (2 years if not in writing).

    This means this debt is "time barred" and they can not take legal action in court.  Send them a certified/return receipt letter informing them you know your rights under the FDCPA and California Law.  Use the enclosed sample, just fill in the information.

    Today's Date

    Your Name

    Your Address

    Collector's Name

    Collector's Address

    RE: [insert account number or name of account or name of debt]:

    Dear [insert collector's name or company name],

    This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

    I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

    This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

    Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

    (Sign above name)

    Printed Name

    Hope this answers your question

    LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

  3. Don't worry about it. That Debt is old. Here in California the Statue of Limatations is 7 years. Depending on the state you live the Statue of Limitattions in some states is less tan 7 years. Please email me if you have any questions. I own a Financial Solution Business. Which specialize in Credit Restoration & Debt Elimination and a host of other services. If you need your Credit Restored please watch my 10 minute DVD online at www.fdidvd.com/143169. You can email me at outofdebtcrusade@hotmail.com. Thanks & God Bless, Tavarra (909)331-7213

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