Expert: Creditwrench - 2/20/2010

Question
I am located in Pennsylvania. Two weeks ago a man called my place of employment, stating to the receptionist that I was being served legal documents and needed to verify my location. The receptionist of course wanted to know what it was about, which embarassed me. I spoke with the man, whom said his name, but wouldn't tell me who he was from and asked what time would be available for the local clerks office to serve me papers. I told him that I am only available on weekends. He said that wouldn't work for his client and that I needed to call this number. I didn't pursue it. Then the very next day I was contacted by another man claiming to be from 1 FC, I asked his contact information, which I did get from him, and then he demanded that I owe his client credit card debt. I told him that I didn't know what he was talking about. He further told me goodluck with the matter and that I would be served. I told him to not contact me at work. A week later he calls my home number and leaves a message about settling this debt. I did not return his call. He called me at work again, and at that particular moment I could not discuss the matter, as people were around, so I told him I could not talk about it and he said are you going to resolve this matter, and I told him no, and hung up. I received another phone call the next day on my home answering machine from a man whom did not identify himself, told me that I would be served if I didn't call him back within 24 hours and he further stated the last four digits of my social number, stated my place of employment, and also said my husband's name who they would contact if I am not present or retun their call. The debt that they are referring to is past the statute of limitations. It was charged off on my credit report in Feb, 2005.  What should I do?

Answer
If you are absolutely certain that the debt is outside statute of limitations then you might think about sending them a cease & desist letter via certified mail return receipt requested. I would not rely on what you think or what somebody told you about statute of limitations. I'd go to www.lawdog.com and look it up to be absolutely certain that you are outside stat. There are many false assumptions about SOL. Some people thing that because it is supposedly open ended contract that it falls under a shorter statute of limitations but most courts will try to rule that it is a written contract which usually carries a longer statute of limitations. On the other hand you might be able to convince a judge that the state statutes don't apply because the terms and conditions of the contract demand that in the event of litigation the laws of some other state shall apply and the statute of limitations in that state is much shorter. I've heard of court cases being decided on that basis many times. That don't mean that your judge will rule that way however. So before sending any cease & desist letters be certain you know what you are talking about and that the debt is actually outside statute of limitations for that type of debt in your state. If you send a cease  & desist letter you are virtually asking to get sued. Also you do not want to mention anything about your SOL defense if you have one. Just keep your letter as short and to the point as possible. Don't quote any laws or demand anything other than they stop contacting you by any means whatever. You will also want to include your place of employment in the letter and separately demand that they not attempt to contact you at your place of employment.

Count on the fact that you may very well get sued. If you really are safely outside the statute of limitations that shouldn't bother you very much.