I was called by a credt collections agency for a bill from1991.can he collect this I am in Va.?
81663
To find that answer, call the your local Commonwealth Attorney.  Every jurisdiction has one and the consultation is free.
1111372
Your first call should be to the VA waste and fraud line (another poster put the number up) and if that doesn't work, try the Pension Benefit Guaranty Corp. They don't work with the VA pension but they do have all the ins and outs of pension law and can refer you to the proper resources.
825880
I don't believe there is a statute of limitations on debt collection here in Georgia.  If you owe the debt, the collector can try to collect it at any time, even 10 years from now.  However, as far as your credit goes, it now stays on your credit report for 10 years.  I would just tell you to bite the bullet, contact them and just make arrangements to pay it.  Don't let them bully you into paying what you can't afford because then  you'll never pay it at all.  Whatever you think you can afford to pay them, tell them thats what you're going to pay each month.  That way you won't always feel like you're just waiting to be served those papers by the magistrate court.
215535
Depending on the state you live in, it is a legitimate summons.\n\nBy using an "alternate service", the process server/court officer can simply attach the summons to the front door of the home.  They can also give it to any adult at the address or by certified USPS.  \n\nBe advised that many times collection agents will use false summons to scare debtors into paying their bills, fearing large court costs, poor credit, and even jail time.  \n\nTherefore, make a call to the court clerk, and verify if it is legitimate.  If not, contact a lawyer immediately, as you have an excellent court case against the collection agency.  Fraud, falsification of court documents, and violation of Fair Credit Collection Act, just to name a few.\n\nGood luck.
485012
Okay, most of you have no idea (or only a partial) idae of what your talking about. First things first, Yes they must give you there actual address end of story, failure to do so contsitiutes violation of the FDCPA. Now about cease and desist letters and forwarding. A cease communications letter (CC) simply states that you do not want us to contact you again requarding the debt- you must state wether it si to be written, verbal or both. Otherwise it will be assumed it is verbal. This doesn't stop the collection activity, it simply means we cannot call YOU for information. We can call your family and nieghbors to get information- But we can only call them once, and only ask Where you live, your phone number and place of employment (POE). We can only call more than once if we believe they lied and can prove it. This is under section 805 of the FDCPA chptr 8.  We can only call you again to advise you of specific actions we are taking, ie a law suit. A CC doesn't cover any new account turned over, only old ones so everytime a new acccount comes you mest send another. \nCollection agencys will not just send out other accounts to competitors in the area, is inneffective- they will simply sue if they get the info, or abondon the accoutn if the balance is too small- but the biggents thing to remember CC letters make it so we must sue you to collect, and we can get ifo in a whole lot of diffrent LEGAL ways.
110064
First, I don't know what state your in but most credit card debt falls under open accounts and their SOL (statue of limitations) is 3-5 years. You need to check the sol in your state.\nSecond, considering the age of the account more than likely this is a junk debt buyer. You need to send them another DV (debt validation letter)along with a limited C&D (cease & desist (letter telling them to only contact you in writing)) by CMRRR (certified mail return receipt requested) so you have proof you have asked for validation.\nThird, if the collector is reinserting the debt on your credit report without notifying you within 5 days they are violating FCRA.\nI would would not advise calling anyone. It would be best to stay off the phone and make all contact via snail mail using CMRRR.\nIt is unlikely with the age of this account that they will sue. However, if they do, you may be able to use SOL as a defense. Under the FDCPA they cannot state actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action. Since odds are the debt is so old it they may not be able to sue therefore in violation. Please check out the links below for further information and good luck
856209
YES!  And sorry to say, but you probably won't get your issue resolved.  They are always right and you are always wrong.  That's will all of the bill people you have to call.  Good luck to you!
557633
You need to take the time to read the Fair Credit Reporting Acts and the Fair Debt Collections Act.  The reason you are having a hard time with these boneheads is because you don't know the law, and they are running all over you!\n\nI've posted the relevent parts below that will help you out.\n\nFirst, when you contact the collection agent, you must do so IN WRITING to prove you sent them a letter.  Be sure to state you want to have your debt VALIDATED!  This is very important.  Once they receive this letter, they must reply within 30 days.  Their reply must have PROOF that you have a legal obligation to pay this debt.  That means contracts, bills, receipts, and everything used to calculate what they claim you owe.  Also be sure to include a cease and desist warning, with warning about posting anything to your credit report while this matter is in dispute.  Once that is done, they can't do anything until the debt is validated.\n\nIf the fail to supply this information, and post negative information on your credit report, they will be in violation of the Fair Credit Reporting Act.  Whether the debt is legal or not, posting unvalidated reports is against the law and you can sue them in small claims court for $1000 very easily.\n\nIf they validate this debt, and it does appear you owe them, then pay the bill.  By law, the Collection Agency can not post anything to your report within 180 days of the date of delinquency.  (that's six months to you collection agents reading...).  \n\nI would also follow through with a negotiation demand that if you pay the bill, they will agree IN WRITING not to place negative information on your credit report, or remove anything that they did place.  Do not actually make a pledge to pay, or you may be restarting the clock on the Statute of Limitations.  Do not acknowledge that you owe the debt.\n\nContact me if you need any advice or encouragement.  I am not a lawyer or credit counsoler, just someone who likes to get under credit collectors skins.
724048
Sorry Virginia is not a very kind state they won't help you. I lived in Virginia for most of my life and it is very hard to get anything wiped off your record even for such a great reason. Call a lawyer in Richmond they will usually give 1 free consultation.
929819
Under no circumstances should you fail to show up in court to answer the complaint.\n\nIf this is an old debt you should go to court and demand proof that you are the person who contracted the debt.  They must have the original paperwork showing you opened the account, with your signature, and that you are responsible for the debt.\n\nIf they are able to prove it's your account you should insist that the statue of limitations for collecting the dept has expired.  Google "debt statute of limitations (name of your state)"  Normally after a couple years, with no payments from you, the debt can no longer be collected.\n\nMany times bottom-feeders buy up old debt for pennies on the dollar.  Many times they don't have any of the original account documentation and many times the statute of limitations has expired.  They sue all the debtors knowing that most will not show up in court to contest it. They get judgments by default which can then be enforced whether the original debt was collectible or not.
457309
Yes.  What the company that charged off the credit card did, was to sell your contract (account) to the collection agency/attorney that is calling you.  They can take you to court and sue for a judgment against you.  If you own a house they can put a lien on it. They can also demand $35 a week (or the sum the judge says) until the debt is payed off. Or, attach your wages.\n\nYou do have rights regarding their right to call.  You could call your State Attorney General to find out your rights.  (I know, after a while you want to disconnect the phone and except calls from no one.  I found it very depressing.)\n\nThe best thing is to eventually negotiate a settlement with them.  I think it is better to do this before it goes to judgment.  Also, Stay up with the court procedures.  As soon as you get served go to the Court house and fill out the form "Appearance".  I think if you look like a fighter they will be more willing to negotiate to a lower settlement.\n\nI got a lot of help from:\n\nwww.creditinfocenter.com\n\nGood luck!
502178
It's not clear what the exact situation is, but the fact that a debt is taken over by a collection agency would not normally have any effect on the statute of limitations.
862719
Does the bill say "E&OE" or "Errors and Omissions Excepted" or "Errors and Omissions Excluded" anywhere? If so, they are entitled to reclaim the difference if they can prove the original amount was in error. They do sound unreasonable to try and ask for such a large amount so quickly, but there is nothing legally preventing it.\n\nIf it doesn't say it, they are on more shaky ground
906261
You should be able to find info at the VA's website:\nhttp://www.gibill.va.gov/contact/landing_contact.htm
433829
Once you tell a bill collector to stop calling you they must you on a "Do-Not-Call" list. If they continue to call you just call the BBB (Better Business Bureau) and they should be able to help you out. Yeah I know I used to be a telemarketer.
291847
All these fine responses, and not one person actually answered your question.  lol\n\nFirst my war cry...you are about to go to war.  Do NOT fight these guys unarmed.  Knowledge of the law is your only weapon!\n\nRead the link below.  This is the Fair Debt Collections Act.  All the answers you need are right here.\n\nThe federal agency in charge is the Federal Trade Commission (FTC).  As noted in the law, they have "Administrative" control over collection agencies.  But that's not what you want.\n\nRead the law below....\n\n================\n\n§ 805.  Communication in connection with debt collection   [15 USC 1692c]\n\n(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 -- \n\n(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.\n\n================\n\nTherefore, your first step is to contactthe collection agency, and give them a "cease and desist" order.  Be sure to put in the letter that they must not contact you at your place of employment.\n\nSend this letter by certified mail.  You don't need a return receipt because you have a tracking number on the certified mail slip they give you.  Go online and get the delivery confermation and save yourself the return receipt fee.\n\nNow, if they call you again, on to Step #2!\n\n====================================\n\n§ 813.  Civil liability  [15 USC 1692k]\n\n(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --\n\n    (1) any actual damage sustained by such person as a result of such failure;\n\n    (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;\n    (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.\n\n\n====================\n\nTherefore, if they call your employer, and he would agree to appear in court, you have a slam-dunk court case.  Run down to small claims court and file a suit against them for $1000.  The cost is around $25 for this.  And you can add that cost to what they pay you. \n\nThe reason collection agents get away with this crap is because you don't know the law.  They are ARMED! They alreadly know the law.  Now you do too!
812093
Now that it is in collections, there are only a few things you can do. (1) pay the money so that it doesn't ruin your report and then take the company to small claims so that you get your money back (2) dispute it with the credit bureaus (3) write a letter and send it certified mail to the collection agency disputing the claim. They have to send you proof that you owe the bill and that the original creditor gave them permission to collect the debt. The last two options may get the debt resolved shortly, but be warned that you may have to go through it again if the collection agency sells the bill to another agency. There is a link below for sample dispute letters.