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About Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Collectors calling at 5am and SOL

Collections Law - Collectors calling at 5am and SOL


Expert: Creditwrench - 6/17/2009

Question
I currently live in Hawaii, and DFS(I think is the company,
they leave muffled messages) is calling me at 5am every
other morning. I do maintain a Texas number, due to a
Military lifestyle, but I know they have my address on file,
so not knowing my time zone isn't an excuse.  They did this
back in Mar of this year and I complained to the FTC. Is
there anything else I can do?
I am about 90% sure this is a time barred debt anyway(I was
90 days overdue as of Nov 02, in state of WI, it was
transferred Aug 03, all info per my credit report), it's
stated on my credit report that the "account will continue
on record until Jun 09." Should I ask in writing for
verification of this debt and then ask not to be contacted?
Or just ask not to be contacted since I have the info on my
credit report? Should I mention SOL or anything about being
time barred? Should I pick up the phone and say any of this
or will that risk re-aging(I think that's the term, the
starting over of the SOL?)?

Any other advice is greatly appreciated! Thanks for your
time!

Answer
So they call you at 5:00 A.M.? Well, there are a couple of remedies for that. One is a simple letter telling them that it is inconvenient for you to receive phone calls at any time or any place. Don't mention the words cease or desist. Another is to be found at http://www.creditwrench.com/18questions.html and no, don't mention anything about SOL. You can't re-age the debt over the phone so don't worry about that.  

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