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    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!

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      #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!!

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        #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.

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          #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.

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            #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.

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                #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.

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                  #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

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                    #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.

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                      #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).

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                        #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

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                          #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.

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