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	<title>Ask Liz Weston &#187; debt collection</title>
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	<link>http://asklizweston.com</link>
	<description>Personal Finance Columnist</description>
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		<title>Why you shouldn&#8217;t pay old debts</title>
		<link>http://asklizweston.com/2012/01/31/why-you-shouldnt-pay-old-debts/</link>
		<comments>http://asklizweston.com/2012/01/31/why-you-shouldnt-pay-old-debts/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 17:26:45 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Liz's Blog]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[Collectors]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[debt buyers]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[debt settlement]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3216</guid>
		<description><![CDATA[Most debts have a statute of limitations, which means the creditor isn&#8217;t supposed to sue the borrower in court to collect the debt after a certain number of years. The statute of limitations varies by the state and the type of debt, typically ranging from two to 15 years. Here&#8217;s the thing: even a small, [...]]]></description>
			<content:encoded><![CDATA[<p>Most debts have a statute of limitations, which means the creditor isn&#8217;t supposed to sue the borrower in court to collect the debt after a certain number of years. The statute of limitations varies by the state and the type of debt, typically ranging from two to 15 years.</p>
<p>Here&#8217;s the thing: even a small, partial payment on an old debt can revive the statute of limitations. That can allow the creditor to sue you and get a wage garnishment order so it can take money right out of your paycheck.</p>
<p>If it were the original creditor suing you, you might resign yourself to the situation. But often the company filing the lawsuit is not the original creditor. Many times, the company that originally loaned you the money has long since written off the account, gotten a tax break for bad debt and sold the account to a collection agency. So the entity suing you may be  a collection agency which purchased your debt for 2 or 3 cents on the dollar&#8211;or even less.</p>
<p>The Wall Street Journal has done some good stories lately on the debt-buying industry, and has one today about the <a href="http://online.wsj.com/article/SB10001424052970203920204577193283804868986.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsFifth" target="_blank">FTC&#8217;s settlement with Asset Acceptance</a>, one of the largest debt buyers. The FTC alleges people were coerced into paying debts beyond the statutes of limitations. In some cases, the FTC contended, Asset Acceptance reported details of the out-of-statute debts to the credit bureaus in violation of federal credit reporting laws.</p>
<p>Most of us feel a moral obligation to pay what we owe. If bad decisions or bad circumstances have left you with unpaid bills, though, you could be stepping on a land mine if you make a partial payment on old debts. Before you pay, you should understand whether the debts are within the statute of limitations. If they&#8217;re not, and you still want to pay, consider negotiating a lump-sum settlement that includes the collector&#8217;s promise not to resell any portion of the debt. This is tricky business, though, and you should educate yourself thoroughly before you make the attempt. <a href="http://www.debtcollectionanswers.com/" target="_blank">DebtCollectionAnswers.com</a>, a site run by credit expert Gerri Detweiler, is a good place to start.</p>
<p>&nbsp;</p>
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		<slash:comments>3</slash:comments>
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		<title>Young widow struggles with late husband&#8217;s debts</title>
		<link>http://asklizweston.com/2011/11/07/young-widow-struggles-with-late-husbands-debts/</link>
		<comments>http://asklizweston.com/2011/11/07/young-widow-struggles-with-late-husbands-debts/#comments</comments>
		<pubDate>Mon, 07 Nov 2011 18:04:37 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[death]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[fee-only planners]]></category>
		<category><![CDATA[financial advice]]></category>
		<category><![CDATA[Financial Planning]]></category>
		<category><![CDATA[Social Security]]></category>
		<category><![CDATA[survivors benefits]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3092</guid>
		<description><![CDATA[Dear Liz: Do you have any resources available for young widows with children? My husband died 10 months ago and I am struggling to make sense of my financial situation, which is complicated because of debt. I would be so grateful for help. Answer: Widows and widowers are often advised not to make any big [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> Do you have any resources available for young widows with children? My husband died 10 months ago and I am struggling to make sense of my financial situation, which is complicated because of debt. I would be so grateful for help.</p>
<p><strong>Answer:</strong> Widows and widowers are often advised not to make any big decisions in the first year of their bereavement. Unfortunately, bill collectors aren&#8217;t willing to wait that long.</p>
<p>You need to determine your liability for your late husband&#8217;s debts. Don&#8217;t rely on what collection agents tell you. They may insist you have a legal or moral obligation to pay a bill when you don&#8217;t. An experienced probate or bankruptcy attorney can help you sort through the debts to see which ones need to be paid from your husband&#8217;s estate, which you may be responsible for and which can go unpaid. Student loan obligations, for example, typically end at death unless you or someone else co-signed the loans.</p>
<p>You also need to make sure you get all the money and property to which you&#8217;re entitled. You and your children may qualify for Social Security survivor benefits. (You can find out more at <a href="http://www.ssa.gov/">http://www.ssa.gov</a>.) You also may inherit retirement funds and life insurance policies that are protected from creditors. Life insurance policies that name you as a beneficiary, for instance, pass outside your husband&#8217;s estate and don&#8217;t have to be shared with creditors — again, regardless of what collection agencies may tell you.</p>
<p>Once you&#8217;ve sorted out his estate, you can begin rebuilding your financial life for yourself and your children. A fee-only planner can help you get started. You can get referrals from the Garrett Planning Network at <a href="http://www.garrettplanningnetwork.com/">http://www.garrettplanningnetwork.com,</a> which represents planners who charge by the hour, or the National Assn. of Personal Financial Advisors at <a href="http://www.napfa.org/">http://www.napfa.org,</a> which represents planners who charge retainer fees or a percentage of assets they manage for you.</p>
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		<title>Unwanted time share can lead to credit score hit</title>
		<link>http://asklizweston.com/2011/10/24/unwanted-time-share-can-lead-to-credit-score-hit/</link>
		<comments>http://asklizweston.com/2011/10/24/unwanted-time-share-can-lead-to-credit-score-hit/#comments</comments>
		<pubDate>Mon, 24 Oct 2011 22:16:40 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Scores]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[FICO scores]]></category>
		<category><![CDATA[time share]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3067</guid>
		<description><![CDATA[Dear Liz: I have tried to sell my time share on different occasions. If I stop paying my assessments and taxes because I do not wish to use my time share any more, will that be detrimental to my credit? Answer: Typically, your delinquent account will be turned over to a collection agency. Not only [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I have tried to sell my time share on different occasions. If I stop paying my assessments and taxes because I do not wish to use my time share any more, will that be detrimental to my credit?</p>
<p><strong>Answer:</strong> Typically, your delinquent account will be turned over to a collection agency. Not only will your credit scores take a hit, but you may be subject to nasty collection calls as well.</p>
<p>If your time share is paid for, you might consider giving it away. Some people have successfully gotten rid of time shares by listing them for $1 or so on <a id="ORCRP00000010598" title="Craigslist, Inc." href="http://www.latimes.com/topic/services-shopping/craigslist-inc.-ORCRP00000010598.topic">Craigslist</a> or <a id="ORCRP004915" title="eBay Inc." href="http://www.latimes.com/topic/economy-business-finance/ebay-inc.-ORCRP004915.topic">eBay</a>.</p>
<p>If you still owe money on the loan you used to buy the time share, though, giving it away is probably not an option unless you&#8217;re able to pay off the loan first.</p>
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		<title>Debt after life: When collectors call after someone dies</title>
		<link>http://asklizweston.com/2011/07/15/debt-after-life-when-collectors-call-after-someone-dies/</link>
		<comments>http://asklizweston.com/2011/07/15/debt-after-life-when-collectors-call-after-someone-dies/#comments</comments>
		<pubDate>Fri, 15 Jul 2011 14:00:56 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Liz's Blog]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Collectors]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Estate Planning]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2889</guid>
		<description><![CDATA[Debts don&#8217;t just disappear when someone dies, and figuring out who&#8217;s responsible can take some effort, as I wrote in my latest MSN column, &#8220;Stuck with the departed&#8217;s debts?&#8221; But a Facebook fan pointed out that not all debt collection calls are based on a legitimate debt: After my father died, my mother was contacted [...]]]></description>
			<content:encoded><![CDATA[<p>Debts don&#8217;t just disappear when someone dies, and figuring out who&#8217;s responsible can take some effort, as I wrote in my latest MSN column, &#8220;<a href="http://money.msn.com/retirement/stuck-with-the-departeds-debts-weston.aspx" target="_blank">Stuck with the departed&#8217;s debts?</a>&#8221;</p>
<p>But a Facebook fan pointed out that not all debt collection calls are based on a legitimate debt:</p>
<blockquote><p>After my father died, my mother was contacted by  someone falsely claiming he owed a medical bill, offering to process  the payment over the phone.  She knew it was false [because] she handled the bills, so she told them not to call again.</p></blockquote>
<p>Survivors also should beware of calls from purported charities, claiming that the deceased promised them a donation of some kind.</p>
<p>When it comes to claims against an estate, you&#8217;ll want to see proof that the deceased owed the debt or made any kind of financial promise. Don&#8217;t take a caller&#8217;s word for it.</p>
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		<title>Debt doesn&#8217;t disappear after lender write-off</title>
		<link>http://asklizweston.com/2011/05/09/debt-doesnt-disappear-after-lender-write-off/</link>
		<comments>http://asklizweston.com/2011/05/09/debt-doesnt-disappear-after-lender-write-off/#comments</comments>
		<pubDate>Mon, 09 May 2011 18:24:13 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[auto loans]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[charge-off]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[repossession]]></category>
		<category><![CDATA[statute of limitations]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2771</guid>
		<description><![CDATA[Dear Liz: About two years ago, I bought a new car but was lied to about how much it would cost. After a year I simply could not afford the car and could not refinance as I was incredibly upside-down. The auto lender wasn&#8217;t willing to help, so I did a voluntary repossession. Nissan came [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> About two years ago, I bought a new car but was lied  to about how much it would cost. After a year I simply could not afford  the car and could not refinance as I was incredibly upside-down. The  auto lender wasn&#8217;t willing to help, so I did a voluntary repossession.  Nissan came after me for the balance remaining after auction but  eventually wrote it off as a bad debt (this shows on my credit report).   The debt has been sold twice to collection companies that call me on my  cellphone and at work but don&#8217;t leave messages. I can see they&#8217;re  checking my credit but they haven&#8217;t reported the debt on my credit  report. Is this legal? I feel if Nissan wrote the debt off (and I am  suffering from that via credit reporting), there should no longer be  debt to collect.</p>
<p><strong>Answer:</strong> When a lender charges off a bad  debt, the debt itself doesn&#8217;t disappear. The lender is simply declaring  that it doesn&#8217;t think it will be able to collect. The debt can be sold  to collection agencies, which can post the collection account on your  credit reports.</p>
<p>The charge-off is what typically does the most damage to your credit scores, although the collection accounts increase the toll.</p>
<p>There  are limits to how long creditors can pursue you in court over debts.  The limits vary according to each state&#8217;s statute of limitations. There  is also a limit on how long bad debts can show up on your credit reports  (typically seven years and 180 days from when the account first went  delinquent).</p>
<p>But debts only disappear when you pay them or have them legally erased in U.S. Bankruptcy Court.</p>
<p>One  of the things you should learn from this experience is not to trust a  lender to tell you how much you can afford to borrow. The other is that  you should always arrange financing in advance before you venture onto a  car dealership lot. If the dealership can beat the deal you get from  your bank or credit union, great. Otherwise, you&#8217;ve got financing you  know you can afford.</p>
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		<title>How long bad debt can haunt you</title>
		<link>http://asklizweston.com/2011/05/02/how-long-bad-debt-can-haunt-you/</link>
		<comments>http://asklizweston.com/2011/05/02/how-long-bad-debt-can-haunt-you/#comments</comments>
		<pubDate>Mon, 02 May 2011 16:15:54 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Collectors]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[statute of limitations]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2742</guid>
		<description><![CDATA[Dear Liz: I co-signed a lease agreement for a friend in 2006. The friend flaked on the lease a few months later, so this debt is on my credit report. Everything I&#8217;ve read about credit reporting says it should fall off my credit report in seven years. But every few months the collection agency updates [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I co-signed a lease agreement for a friend in 2006.  The friend flaked on the lease a few months later, so this debt is on my  credit report. Everything I&#8217;ve read about credit reporting says it  should fall off my credit report in seven years. But every few months  the collection agency updates my credit report because they are adding  interest onto the collection amount, which then updates the date of last  activity as well. Does this restart the clock on how long the debt can  be reported? Or is it still considered from when the account first was  delinquent? I had contact with them a few years ago, trying to negotiate  a settlement to clear my credit report, but we never agreed upon an  amount and I never acknowledged that this was my debt. I&#8217;ve been trying  to buy my first home for two years, and this has been the one thing  holding me back, causing a lot of heartache, so I&#8217;m trying to be as  informed as I can about it.</p>
<p><strong>Answer:</strong> The clock on reporting  most negative marks begins when the account first goes delinquent and  isn&#8217;t reset when a creditor or collection agency updates or sells the  debt. If the collection agency continues to report the debt after seven  years and 180 days passes, you should be able to dispute the entry with  the credit bureaus and get it removed from your credit reports.</p>
<p>You  also may need to be concerned about your state&#8217;s statute of limitations  for this debt. This statute affects how long you can be sued over a  debt, which can vary from three  to 15 years. In some states, the  statute can be extended if you make a payment on the debt or even  acknowledge it as your own.</p>
<p>If you&#8217;re at risk of being sued, you  may want an attorney&#8217;s advice about how to proceed and whether you  should try to settle this account. You can get a referral from the  National Assn. of Consumer Advocates at <a href="http://naca.net/">http://www.naca.net</a>.  Even if you aren&#8217;t at risk of a lawsuit, it could pay to get this debt  resolved. As you&#8217;ve learned, mortgage lenders typically aren&#8217;t willing  to  lend money to people with open collection accounts on their reports.</p>
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		<title>Dealing with after-death creditors</title>
		<link>http://asklizweston.com/2011/03/28/dealing-with-after-death-creditors/</link>
		<comments>http://asklizweston.com/2011/03/28/dealing-with-after-death-creditors/#comments</comments>
		<pubDate>Mon, 28 Mar 2011 16:26:10 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[medical bills]]></category>
		<category><![CDATA[medical debt]]></category>
		<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2674</guid>
		<description><![CDATA[Dear Liz: My brother recently passed away at 50. He had not held a job in more than 10 years and was single with no kids and no bank accounts. Basically his only asset at death was his bedroom furniture. My parents paid his health insurance and living expenses to ensure my brother had some [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My brother recently passed away at 50. He had not held a  job in more than 10 years and was single with no kids and no bank  accounts. Basically his only asset at death was his bedroom furniture.  My parents paid his health insurance and living expenses to ensure my  brother had some quality of life. Since his passing the bills from the  medical providers are starting to get routed to my parents. Do my  parents have an obligation to pay my brother&#8217;s bills? How should we deal  with these creditors?</p>
<p><strong>Answer:</strong> Your brother&#8217;s bills are the responsibility of his  estate, not your parents. His creditors would have to be paid if he had  any assets, but in this case they&#8217;re out of luck.</p>
<p>That doesn&#8217;t mean they won&#8217;t keep trying, however. Your parents could  opt to ignore the calls, letters and guilt trips the collectors try to  inflict. Or your parents could talk to a probate attorney who is  familiar with the laws of the state where your brother died. The state  probably has some kind of simplified probate that would allow your  parents to legally resolve these bills and put an end to collection  activities.</p>
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		<title>Fighting an aggressive collection agency</title>
		<link>http://asklizweston.com/2011/03/22/fighting-an-aggressive-collection-agency/</link>
		<comments>http://asklizweston.com/2011/03/22/fighting-an-aggressive-collection-agency/#comments</comments>
		<pubDate>Tue, 22 Mar 2011 15:09:42 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[mortgages]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2654</guid>
		<description><![CDATA[Dear Liz: I had a mobile home that was repossessed in 2003 after I was unable to make the payments. In 2005, I was contacted by a debt collector saying that I owed $20,000. They were very aggressive and threatening, saying that they could sue me. I told them I did not have that money, [...]]]></description>
			<content:encoded><![CDATA[<p>Dear Liz: I had a mobile home that was repossessed in 2003 after I  was unable to make the payments. In 2005, I was contacted by a debt  collector saying that I owed $20,000. They were very aggressive and  threatening, saying that they could sue me. I told them I did not have  that money, and they kept harassing me, telling me that I could borrow  it from my bank. I finally agreed to send them $50 a month. I just  received a letter stating that I have not met my contractual obligations  and if I don&#8217;t take care of the balance, I could be sued. This  surprised me since I had been sending $50 a month. I called them and  they demanded the full balance, about $17,500. I asked them if they  would settle for $5,000. They said no. To settle for any amount, they  said I would need to send them two months&#8217; worth of bank statements, my  last two income tax filings and my last two pay stubs. I said no because  I really didn&#8217;t think they needed all this information. They said that  anyone who refuses to send these details usually has the money to pay.  Now someone at work said that since I sent them $50 a month, I  inadvertently reopened the statute of limitations (the existence of  which I was not aware). So all in all, I really don&#8217;t know what to do.  It seems I did everything wrong.</p>
<p>Answer: So you&#8217;re surprised that a  &#8220;very aggressive and threatening&#8221; collector suddenly changed the rules  on you? It&#8217;s time to wise up and realize you&#8217;re not dealing with an  ethical company.</p>
<p>You need to make an appointment immediately with  an attorney who is familiar with the credit and collection laws of your  state. You can find a referral through the National Assn. of Consumer  Bankruptcy Attorneys at <a href="http://nacba.org/">http://www.nacba.org</a>. Many of these attorneys offer free or discounted initial sessions.</p>
<p>All  too often, rogue collection agents violate federal and state fair debt  collection practices  by threatening to sue when they have no intention  of doing so or when they are legally barred from filing lawsuits. Your  state&#8217;s statute of limitations limits how long a creditor can sue over a  debt. In some states, people who lose homes to foreclosure also are  protected against lawsuits over any remaining mortgage debt.</p>
<p>But  your payments may well have extended the statute of limitations under  which the collector would be allowed to sue you. That&#8217;s why you need an  attorney to advise you. You also might want to consult <a href="http://debtcollectionanswers.com/">DebtCollectionAnswers.com</a>, a site run by debt expert and consumer advocate Gerri Detweiler, for more help in dealing with collectors.</p>
<p>You  were smart not to send the financial information they demanded, because  none of that is necessary for a settlement discussion and because the  data could easily be used against you. If they&#8217;re unethical enough, they  could use the bank account information to raid your accounts.</p>
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		<title>Collectors can&#8217;t reset the clock on old debt</title>
		<link>http://asklizweston.com/2011/01/10/collectors-cant-reset-the-clock-on-old-debt/</link>
		<comments>http://asklizweston.com/2011/01/10/collectors-cant-reset-the-clock-on-old-debt/#comments</comments>
		<pubDate>Mon, 10 Jan 2011 17:13:59 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Bureaus]]></category>
		<category><![CDATA[Credit Reports]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2518</guid>
		<description><![CDATA[Dear Liz: What can I do to get credit card debts that are over 7 years old off my credit reports? I have at least three accounts that are 10 or more years old, but the collection agencies keep selling the accounts to other collectors who report the accounts as younger than they are. Answer: [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> What can I do to get credit card debts that are over  7 years old off my credit reports? I have at least three accounts that  are 10 or more years old, but the collection agencies keep selling the  accounts to other collectors who report the accounts as younger than  they are.</p>
<p><strong>Answer:</strong> The collection agencies are violating  federal credit reporting laws. Negative information such as charged-off  accounts and collections are supposed to be removed from your credit  reports seven years and 180 days after the account first goes delinquent  (typically when you miss your first payment). Collection agencies are  not allowed to &#8220;reset the clock&#8221; when an account is sold.</p>
<p>You can  dispute these accounts with the credit bureaus, but the reselling and  illegal reporting may continue. If it does, you will need to contact the  collection agencies directly and tell them to stop. If they refuse, you  may need an attorney&#8217;s help to get them to mend their ways. You can  find a lawyer familiar with credit reporting laws through the National  Assn. of Consumer Advocates at <a href="http://naca.net/">http://www.naca.net</a>.</p>
<p>You  might think that paying the bills would help, but you really don&#8217;t want  to deal with a collector so unethical that it would change the date on a  debt. Such a company is unlikely to deal in good faith, and you don&#8217;t  want to give it any ammunition to do you further harm, such as access to  your bank account (which it could have if you wrote it a check) or even  your phone number, since it may start harassing you.</p>
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		<title>How to challenge bogus debt collection</title>
		<link>http://asklizweston.com/2010/10/18/how-to-challenge-bogus-debt-collection/</link>
		<comments>http://asklizweston.com/2010/10/18/how-to-challenge-bogus-debt-collection/#comments</comments>
		<pubDate>Mon, 18 Oct 2010 16:28:57 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2373</guid>
		<description><![CDATA[Dear Liz: I saw the letter from the gentleman whose wife was called by a collector about a $496 cellphone bill from 2002 she supposedly owed. I had a similar experience about six years ago when I received a demand for an unpaid cell bill from years prior. I called the collection agency handling it [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I saw the letter from the gentleman whose wife was  called by a collector about a $496 cellphone bill from 2002 she  supposedly owed. I had a similar experience about six years ago when I  received a demand for an unpaid cell bill from years prior. I called the  collection agency handling it and they were extremely rude and  threatening. So I asked for proof, but all they sent was a copy of my  signature, which could have been for anything. So I went to the state  attorney general&#8217;s office, and the collection agency dropped the matter.  I think this is a scam and people should be warned.</p>
<p><strong>Answer:</strong> Many debt collectors buy old debts for pennies on the dollar, and  sometimes these accounts come with little documentation about how the  debt was incurred, how much it is and who actually owes the money. These  debt collectors often cast a wide net when trying to track down the  borrower, and sometimes they latch on to the wrong people.</p>
<p>The  federal Fair Debt Collection Practices Act specifies that, when  challenged, third-party debt collectors are supposed to verify that the  debt is legitimately owed by the person they&#8217;ve targeted. But the  Federal Trade Commission has noted that &#8220;the limited information debt  collectors obtain in verifying debts is unlikely to dissuade them from  continuing their attempts to collect from the wrong consumer or the  wrong amount.&#8221;</p>
<p>&#8220;Many collectors currently do little more to verify  debts than confirm that their information accurately reflects what they  received from the creditor,&#8221; the FTC noted in a February 2009 workshop  report. &#8220;This is not likely to reveal whether collectors are trying to  collect from the wrong consumer or collect the wrong amount.&#8221;</p>
<p>The  FTC has asked Congress to update the federal law to require that debt  collectors at least make a &#8220;reasonable&#8221; investigation of the consumer&#8217;s  dispute. So far, though, Congress hasn&#8217;t acted.</p>
<p>If you challenge a  debt collector and it doesn&#8217;t provide proof of the debt, turning to  your state&#8217;s attorney general or consumer protection office may be your  best alternative. Another option is to hire an attorney to fight back  against particularly aggressive collectors who may be violating  debt  collection laws. You can get referrals at the National Assn. of Consumer  Advocates at <a href="http://naca.net/">http://www.naca.net</a>.</p>
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