Collections Law/HELP


I have been getting phone cals from a debt collector on a time barred credit card.     I never did ask for debt Validation as I did not know of this, so it has been about 6 months that these calls come in, is it too late to ask for DV? and if not do they have to comply since it is past the 30 day normally allowed for DV?
I am sure  the debt it mine but I have no way of paying it now,(lay-off)   The SOL has run out , that I do know...So when they call I hang up or let the machine answer.
Is this the time I would send a cease and desist letter to have them stop calling?    And if they don`t comply , I can report them ? Also if the debt is sold , I will send them a new cease and dsesit letter , is that correct?
Last question is one I could not find on the Internet....Can I give permission for my sister to handle the calls ? Or will the debt collector tell me this can not be done?   Also when they say they are recording for quality reasons , I can then turn around and tell them I am recording also  and if they do not consent to please end the call.  NH is a 2 party consent state and SOL is 3 years.   I am so confused , that is why I wanted my sister to handle this one bad debt, she knows the terms to use, the laws, etc. She tries to explain them to me, but I am afraid I will somehow say something to restart the SOL.....since she isn`t at my side every call.  I am so confused I don`t even know what I am really asking...

It is time to send the cease and desist letter.  In the letter tell them that you are aware that this is a time barred account.  DO NOT let them trick you into making a payment since this would start the SOL over again.  In the letter, you can give them consent to speak with your sister but I would not. That would only give them someone else to torment. The cease and desist letter should take care of this situation. If they do not comply with your request to cease and desist, you can report them to the Better Business Bureau, your states Attorney General and Consumer Affairs. Remember, even though you send a cease and desist letter, they still have the right to make one more call to tell you their intentions.  If they make another call or attempt to collect during this last call, get an attorney and sue them as they will have violated the FDCPA. Good luck with this.

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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