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Portfolio Recovery has been calling several times a day for

 
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Customer Question

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?

 

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State/Country relating to question: Georgia

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Submitted: 355 days and 10 hours ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED
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Expert:  RobertJDFL replied355 days and 10 hours ago.

Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", please stop and reply to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


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!

Customer replied355 days and 10 hours ago.

THE STATUTE OF lIMATATIONS DOES NOT APPY TO A THIRD PARTY COLLECTOR?

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Expert:  RobertJDFL replied355 days and 9 hours ago.

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.

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Category: Consumer Protection Law
Pos. Feedback: 98.0 %
Accepts: 373
Answered: 6/29/2012

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