Beware of calls from “zombie” debt collectors. These are bill collectors that try to get people to pay money on debts that were allegedly incurred 10, 15 or even 20 years ago.
I received such a call today from a Christian Gable of National Action Financial Services (Phone: 866-529-1885). They claimed I owed money on a department store credit card opened in 1988. They said the bill was last paid in 1989. I told them I definitely did NOT owe money on the account — and that even if I did, the statute of limitations has long since expired.
Can you believe they had the audacity to call and claim I owed money on a credit card from 20 YEARS AGO?!? Needless to say, I was not going to stand for this. At first, two different reps from this debt collection company literally hung up the phone on me when I told them I was a financial expert and knew my rights under the law, and that they should not be trying to scare people into paying alleged old debts. Finally, (after I called back a third time), I told a “Mr. Johnson” at the company that if they didn’t take my name off their list, or if they called me ever again, I would be reporting them to the authorities. His reply: “I understand …. We’ve already removed your name.”
Under federal law, any bill collector who sues you or even threatens to sue you after the statute of limitations has expired on a debt is in violation of the Fair Debt Collection Practices Act. Here’s the lesson: don’t be bullied into paying old bills from zombie debt collectors who come back from the grave, trying to intimidate or scare you into paying debts you may not have even had — and certainly don’t have any legal obligation to pay if the statute of limitations has run. Each state has different statutes of limitations for past-due debts, depending on if the debt was based on a written contract, an oral contract, a promissory note, or an open account. Credit cards are usually categorized as open accounts. The statute of limitations for credit card debt ranges from 3 to 10 years, based on where you live. To check the statute of limitations on debts in your state, contact your State Attorney General’s Office or go to www.naag.org and click “The Attorneys General”.
Tell me your Zombie horror stories.
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{ 1 comment… read it below or add one }
How to reverse boycott debt collectors.
When a debt collector/debt collection/debt buyer company can repeatedly call with the intent of getting money their customers can repeatedly answer or call back with the intent of not giving them any. They need people to pay with as little talk as possible. They don’t want to talk with people who know they are never going to pay. Be all talk and no pay. Answer when convenient. Call back. Give no information. Verify nothing. Ask as many questions as you can. Answer none.
Don’t ignore/block/report them. It doesn’t work. These folks want you to ignore them for as long as you can stand to or until you give them something valuable like money or information. Ignoring them is being their good customer. Sending a cease and desist is giving information. It lets them know you are still alive and remain their good customer. Preparing to initiate unlikely individual legal battles is being their good customer.
Be their bad customer. Make them talk to you fruitlessly for as long as they can stand to or until they stop selecting you as their customer. These companies cannot spend seconds much less minutes on the phone with every person who will never send them a dime. But they don’t know who that is. You do. That knowledge is power. Every second you can keep their staff on the phone will render their business less profitable giving them a reason to never call you again.
Calling will not reset your SOL. Making a partial payment will.
One person who does this likes to ask general questions they should but usually won’t answer, “May I have the name and address of your agent for service of process?” Calmly and slowly ask them to spell every word in the address. Read it back for verification. Control the pace. If they are rushing then politely ask them to slowly repeat. “Are you a corporation and if so in which state are you incorporated?” Repeat your questions when you don’t get direct answers. When they won’t answer a question ask, “Would you like to comply with the business and professions codes of your state?” That is usually the point when they hang up on me but if they say they want to comply then begin your questions again.
Repeat while you have the spare time. These folks have many victims and few operators. If everyone calls back but pays nothing the mass auto-dialer business model becomes unprofitable. Don’t aid and comfort the enemy by ignoring them. Call! Have a nice long slow friendly chat! Make them hang up first.
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There are certainly enough victims to take down debt collectors so ignoring/blocking seems downright Orwellian. Really? We’re just going to passively submit and go with a block list or however we manage ignoring an endless stream of unwanted phone calls day after day? No! Unite or remain conquered. Answer/return every call – become well practiced at keeping these folks on the phone – or count yourself not amongst the free.