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Expert: - 5/5/2009


Question
I think this is a scam:
I got a call from a collection agency(Portfolio Recovery Associates). They said I owed a $423.52 debt to a company (Capital Acquisition & Management Co). They said the original account was for a debt from AVCO.
They said my last payment was posted in 1986 and the account was charged off in 1982. (26 years ago!)
They said they purchased it in 2004. I asked them what was the account for, and they could not tell me (they did not know) They could not give me any exact information.
I want to pay this bill if I owe it, but for the life of me, none of this rings a bell.
I do not want to get scamed. I want to preserve my credit report.
What should I do (or say) if they call again.
I also did a google search on (Portfolio Recovery Assoc) and it just came up with a whole page of scams and complaints...
Thanks for your help...

Answer
Bob:

Good question.  This debt is past the Statute of Limitations and therefore is unenforceable.  Also, it is past the SOL for credit reporting purposes as well.  

If they keep calling you just send them a cease communication letter.
Also, check your credit report to make sure they are not reporting this old account.  If so, you may have a case against them under the FCRA.  In addition, most of what you read about this company is true.

If you have any other questions, please do not hesitate to ask.

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Jason Shear, Esq.

Expertise

I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 831-1111.

Experience

I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts. Visit our website at: www.brentandshear.com

Organizations
National Association of Consumer Advocates (NACA) Brent & Shear, P.C. Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 831-1111

Education/Credentials
BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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