Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

calls after statue of limitations is up.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • calls after statue of limitations is up.

    Today my mother and my niece received calls from a robocaller looking for me. I defaulted on a credit card back in 2009 it's now 2018 statue of limitation in ga is 6 years. I told them this was a time-barred debt and they had no right to call me or my family members. they claimed the statue of limitations doesn't exist which I know is BS
    Not sure what to do. im not filling BK on a 20.000 debt that the statue was up on 3 years ago.

  • #2
    You might find the following information helpful: https://www.consumer.ftc.gov/article...e-barred-debts

    The best way to keep a creditor from calling family members and neighbors is to contact them and give them your contact information. You could create Google Voice account and give them that phone number. Then, right a letter as suggested at the above link and tell them to stop contacting you about the debt.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      Just remember that the statute of limitations just means they cannot file a LAWSUIT against you. You still owe the debt, and all collection activity can continue indefinitely except for filing that dreaded lawsuit. Derogatory information must be removed after 7 years past the date of the last delinquency. You can of course call and ask them to stop contacting you and they must.

      Ive received collections for time barred debt and it even said that they cannot sue me on the collections letter!!

      Comment


      • #4
        called my mother 3 times this morning i called them back and said to not call my mother or me. i said the debt he mentioned is time-barred and that I was recording him. he called me an SOB and said i didn't have his permission to record him. i googled the number 6122541548 it goes to some company called broadvox. I'm going to file a report against them. I called my sister inlaw who is a lawyer she is going to contact them
        Last edited by josephga; 08-02-2018, 11:13 AM.

        Comment


        • #5
          from my lawyer


          I just called the number you gave me 3 times. The first time, when I asked for a mailing address they put me on hold and after 5 minutes disconnected me. The second time they put me on hold again and when someone answered, saying "Law Office of In-House Solutions," it promptly disconnected. The third time, someone answered "In House Solutions," and I told her I had been disconnected twice and needed a mailing address. She responded, "for what? What are you mailing?" I said a letter and again requested the mailing address. She said they don't have one. I then requested a fax number or email address so that I could send my letter and she got belligerent. She kept saying "letter for what?" and I told her I was an attorney calling on behalf of a client to dispute a debt. She said "you don't have to mail us, you can dispute it with the judge." I then said this was a time-barred debt and they can't collect. She said they will be filing a claim and repeated that we could talk with the judge. I then asked her if they would be personally serving you with a complaint and she hung up on me.

          Comment


          • #6
            I also live in Georgia. As was mentioned earlier, if you want to avoid the "Attempt to Locate" calls, make sure that they have your current contact information. Georgia has a 4 year/6 year statute of limitations on debts. In my experience, I answered the calls. I politely informed one Junk Debt Buyer that the debt was beyond the statute of limitations. Georgia is a one party recording state, no permission is required to record the call. I told the JDB that my phone was a cell phone, and that I incur a fee if they call it. They have my current address to which they may serve me. If they filed a civil suit knowing this debt was outside of the statute of limitations, I would of course, retain an attorney and countersue. I thanked him for his call and told him that I had recorded the call for future use. Of course, I hadn't recorded the call but it got his blood pressure up. I never heard from him again.

            Comment


            • #7
              Originally posted by Insolvent View Post
              I also live in Georgia. As was mentioned earlier, if you want to avoid the "Attempt to Locate" calls, make sure that they have your current contact information. Georgia has a 4 year/6 year statute of limitations on debts. In my experience, I answered the calls. I politely informed one Junk Debt Buyer that the debt was beyond the statute of limitations. Georgia is a one party recording state, no permission is required to record the call. I told the JDB that my phone was a cell phone, and that I incur a fee if they call it. They have my current address to which they may serve me. If they filed a civil suit knowing this debt was outside of the statute of limitations, I would of course, retain an attorney and countersue. I thanked him for his call and told him that I had recorded the call for future use. Of course, I hadn't recorded the call but it got his blood pressure up. I never heard from him again.


              yeah yesterday i told them it was beyond the statute of limitations by 3 years. they are claiming no because citi bank never charged off the debt nor reported it to my credit report. and that 4 collection agencies had tried to collect i said well thats's citi banks problem. that the statute of limitations starts the moment I miss a payment and my last payment was late 2009 and this is now 2018 and to go ahead and sue me. and i would get a lawyer and counter sue. when i told him i had recorded all of the conversations he had a fit
              i told my mother to tell them the same thing if they call her looking for me again. ive moved twice since the statue has been up. i refuse to give them my current address its none of their business since the statue is up and they refused to give me theirs
              Last edited by josephga; 08-03-2018, 01:06 PM.

              Comment


              • #8
                The problem with refusing to give them a way to contact you, an address, is that they can continue to do calls to locate. If they know how to reach you they cannot do the calls to locate. Finding their address is not a problem. The Secretary of State's office has the incorporation records for all companies incorporated in that state.

                Comment


                • #9
                  I got another call today from my brother. he was contacted and the told him they were looking for me due to bad checks. i haven't written a check in 5 years. and i doubt a collection agency would call over checks. the store would call or the cops would arrest me. i called this number in Columbus ga back and said let me turn on my recorder. music comes on person never comes back. i call again lady says i owe collections on a citi debt and i would receive a summons from jackson country court. I called the courts nothing on me period. it amazes me these people can lie about anything and nothing done about it and the fcc doesn't care

                  Comment


                  • #10
                    The FCC (Federal Communications Commission) does not enforce fair debt collection laws--it is the FTC (Federal Trade Commission) which does that. If you believe that a debt collector is harassing you, in violation of the FDCPA, you can file a lawsuit against them, and potentially recover money damages.

                    Comment


                    • #11
                      after I said something about recording their calls they stopped calling my mother and me they now call my brother from a nonfixed VoIP number saying Columbus Ga. told my brother I have 90 days.
                      interesting I pull my credit reports and theirs no credit reporting involving this card. there's no activity for the last 7 years period. I decided to wait and see if they serve 4 other collection agencies involving this card never did. i'll wait see if they serve me. in my answer i'll raise the statute of limitations as an affirmative defense, and would utilize discovery to demand information about the debt and the date that the cause of action accrued (the date the statute of limitations started to run).

                      Comment


                      • #12
                        just curious say I get served so far in the last 8 1/2 years they couldn't find me. if i got served and say i won, can they resell the debt again to someone else

                        Comment


                        • #13
                          I was able to get some extra info. they don't have the last time I made a payment. also its no longer with Citi bank it's been sold 4 times. the lady on the phone said according to their records the last time an attempt to collect was made was 2013. i told her that they might have attempted in 2013 but i hadn't paid since 2009 she said she would have to request my file and call me back.

                          Comment

                          Unconfigured Ad Widget

                          Collapse
                          Working...
                          X