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The person is scamming you.
First, they are beyond the statute of limitations to collect upon the alleged debt.
Second, if it was/is a valid debt - DO NOT make a payment. If you do make a payment that "restarts" the statute of limitations.
Third, that just because you didn't dispute an alleged debt does NOT automatically validate the debt. They still have to prove it's your debt.
Fourth, pursuant to the Fair Debt Collection Practices Act a debt collect must validate a debt if you request such in writing. I would get the debt collector's name and demand validation of the debt.
Sometimes debt collectors fictionalize alleged debt and get consumers to pay on a debt that never was.
Refuse to pay anything on the alleged debt.
Get the person's name, address, company, reference number for the debt and send them a cease and desist letter and demand for validation of the debt.
Here's a sample letter you can modify and send them:
City, State Zip
Collection Agency Address
City, State Zip
Re: Acct # XXXXX
To Whom It May Concern:
I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your office provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you say I owe;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account;
- Show me that you are licensed to collect in my state; and
- Provide me with your license numbers and Registered Agent.
If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.
This is an attempt to correct your records, any information obtained shall be used for that purpose.
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If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.
For example, you would state, "This question is for Law Pro . . . (then on with your question).
I wish you the best in the future.