My apologies for the wait.Is This Company Real?
Yes. It is called Dynamic Recovery Solutions, LLC. You can see information about it below:
DOMESTIC / FOREIGN: Domestic
STATUS: Good Standing
STATE OF INCORPORATION
/ ORGANIZATION: SOUTH CAROLINA
REGISTERED AGENT INFORMATION
REGISTERED AGENT NAME: NATIONAL REGISTERED AGENTS INC
ADDRESS: 2 OFFICE PARK CT
SECOND ADDRESS: STE 103
FILE DATE: 05/05/2008
EFFECTIVE DATE: 05/05/2008
DISSOLVED DATE: / /
It is registered with South Carolina. It also has an alternative website at www.gotodrs.com, but dynamicrecovery.com also seems to be legitimate and links back to www.gotodrs.com in terms of its email contacts. So it is legitimate.
So this is a real company.Can they collect on this debt without proving it belongs to her?
Well - the short answer is yes. The way it works is that a creditor sends a collection agency hundreds - perhaps thousands - of files. The collection agency does not know which are old and which are fresh. They try to collect on all of them.
Even if the statute of limitations is past for filing a legal action, this does not mean that they cannot try to collect on it
. A statute of limitations only bars them from filing suit. It does not stop them from trying to ask for payment. However, they must still do so within the rules set out by the Fair Debt Collection Practices Act - see here
So she paid them once they asked.However, can we stop any future payments to them? Especially and at least until they prove this debt ever even belonged to her?
The statute of limitations is FOUR YEARS under Civ. Proc. §337
. So had she not paid, there is little that they could have done.
However, the GOOD NEWS is that under Civ. Proc. §337
, the statute of limitations is NOT reset unless she has entered into a new written contract for the debt.
Therefore, unless she has entered into a new WRITTEN contract for the old debt, she cannot be lawfully pursued for that debt. They can call, but they can do little else.
Now, they can TRY to claim that there was a new verbal contract for just the portion she agreed to pay, but I doubt that would fly in Court.
FDCPA provides that she can ask for VERIFICATION (see link) of debt. See here
. So she can demand this if it has been 5 days or less since initial communication. If they cannot verify it, they must stop collection.
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