Portfolio Recovery has been calling several times a day for well over a year about a credit card that was charged off in 2006. The statute of limitations for open ended debt in GA is 6 years. How do I stop these calls?
State/Country relating to question: Georgia
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You can assert your rights, under the Fair Debt Collection Practices Act, and request that the debt collector not contact you by phone any longer. Your request should be in writing (so you have proof) and sent certified mail or with delivery confirmation. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact.Even though the debt is outside the statute of limitations, a debt collector does still have the right to contact you and try and collect the debt, even though if they sued you, you could raise that issue as an affirmative defense.You can find a sample letter you can use here (you may have to scroll down the page to see it).
If you would like any additional information or have more questions please don’t hesitate to ask!
THE STATUTE OF lIMATATIONS DOES NOT APPY TO A THIRD PARTY COLLECTOR?
It's not that it doesn't apply --it does, but the statute of limitations is something that can be raised as a defense in litigation. It doesn't prevent a debt collector from calling and trying to get people to pay.
Experienced in multiple areas of the law.
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