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Can bill collectors still report me to the 3 bureaus AND contact me AFTER the statute of limitations for collections has passed?
Anonymous2 views3 answers
Several bill collectors won't leave me alone even AFTER the statute of limitations has passed for collections. How to I stop them from contacting me (I have TOLD them to stop--they don't listen) AND don't they have to stop reporting me to the credit bureaus?
Well, much depends upon who the bill collectors are. If it is the original creditor still trying to collect, yes, they probably can still do that unless your local State law prohibits it as an unfair debt collection practice. All the statute of limitations means is that they cannot lawfully force you to pay but it technically does not extinguish the debt. IF however, the one's coming after you are 3rd parties trying to collect a debt originally owed to someone else, such as a collection agency, then if the debt was a consumer transaction and not business, you likely have claims against them for violations of the Federal Fair Debt Collections Practices Act ("FDCPA"). If so, you may not only be entitled to money from them, but also your court costs and/or attorneys fees. The only way to really know is to go to a local collections or consumer lawyer and let them review everything in detail. If you want to be able to enforce your instructions to them to stop pursuing you, you need to put it in writing and mail it to them. To the extent that the FDCPA applies to your situation, telling them to stop bothering you is one of the rights you have.
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
As you still owe the money (or at least they believe you do) they can still report the debt to teh credit bureaus. The more serious issue is whether they can pursue you for the money, directly or through collections. The easiest way to get past that is to have counsel and direct them to call your attorney. Once you do so, they are required to deal only through that attorney. If you do not wish to hire an attorney, or to incur such cost, you can simply hang up the phone.