Portfolio Recovery Associates, LLC Continues debt collection letters after 10 years Norfolk, Virginia

On April 16,2012 I received a call from a suppose to be Rep. for Portfolio Recovery a*s. regarding a credit card debt back in 2002.  I informed the lady that the debt is greater than 10 years old and why are they trying to collect on a debt that old.  I informed her that according the the state of Texas the status of limitation has expired and please cease all call regarding this matter.  I send a certified cease communication letter to Portfolio Recovery Service P. O. Box 12914 Norfolk, Virginia 23541.

I would advice everyone to check their states statue of limitation on debt collections and send them a certified letter regarding the matter.

The Rep. tried to scare me talking about their legal department and I informed her that at this point there is nothing they can legally collect on and I will be filing a complaint with all 3 credit bureaus and terminated the call.

Sorry - just saw the agency did not realize it was for a vehicle - oh BTW my name is STACEY. I just not like to see individuals screwed by third party collection agencies because it happened to me - sued and won.  They have yet to pay me.

If this company files suit against the OP, all he can do is show up in court, and present a defense that the debt is past the SOL.  The judge will dismiss the law suit, and the company will not be able to sue again.  However  the OP cannot SUE the collection agency for doing this.  Any body can file a law suit any time, it is their right. 

The thing is, and what the collection agency is hoping is that the OP will ignore the supeonia and not show up for court, thereby winning the lawsuit by default.  Then the SOL is no longer valid, and they can start seizing assets.

Now if the OP does show up in court, and fights the law suit (at considerable expense to him), then the collection agency will sell the debt to another agency, and it will start all over again.

The SOL only means that the customer cannot be sued to collect a debt, it doesnt make the debt invalid, just harder to collect.

If you are not a lawyer, I would stop giving legal advice, that will only get you in trouble.

BTW they are suing him for a deficency balance.  When the car was repo'd , and then sold, they did not collect enough money from the sale to pay the account off.  The OP is responsible for that amount!!!

Send them a cease communications letter via certified mail with return receipt requested.  Keep copies of all this.  Once they violate this sue the crap outta them. Go to www.budhibbs.com and read about these scumbag debt collection agency.  FYI they are listed on NASDAQ