MERCHANTS CREDIT GUIDE CO. FRAUD COLLECTION LETTER-CLAIMS DEBT IS FROM 1991 CHICAGO Illinois

Junk debt collectors. I think the name says it all. Anyway, I have taken so-called junk debt collectors to small claims court for a debt I allegedly owe. One of two things happen: they don't show up or the judge doesn't buy their B.S. Either way I win and so will you. Just go to the county clerks office with jurisdiction, have the clerk help you, pay the small fee and wait. Experience has shown that the debt collector won't show up which means you win by default. It also means that if your credit is damaged then you can now SUE. Unfortunately, people with good credit are the ones most likely to get his with this sort of thing. The debt collector is gambling that you will pay so as not to risk damaging your spotless credit. You can also be that the CRA's aren't going to give a d**n. The worse your credit the better for them! Fight them tooth and nail. This collector just may decide to drop the whole mater and go after an easier target. Cheers!

Shawn,

Now I am really confused here. I am not seeing anything in this thread about an IRS 3949 form.

To the best of my knowledge that is the form for a taxpayer to report tax fraud on. I don't see the relevance here to debt collection.

Shawn,

The "debt" is legally UNcollectable, and they know it. Even the lowlife at MCG would not file a lawsuit on this.

Just send the CEASE COMMUNICATIONS request by certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records.

Just inform them that under the provisions of the FDCPA you are excercising your right and requesting that they CEASE COMMUNICATIONS immediately and any further contact will bring an immediate lawsuit.

Also let them know that their collection attempts are fraudulent due to the fact that they know the debt is past SOL and is legally uncollectable.

Do not sign the letter, just print. And do not give them any information that is not already on the collection notice.

Or you can just wait and see if they are dumb enough to file a lawsuit, so you can countersue them.

Relax.

Now go to FTC.gov and file a complaint as well.

Would this pertain to me? I've downloaded the form and I'm confused as to what it actually does.

Thanks for your expertise on these scum bags. You stated I needed to send a cease communications letter to them. Do I also need to send them a debt validation request? If so, can I combine them? Since this is a sensitive issue I'm afraid of wording it wrong. Thanks, Shawn

Brad,

If the state SOL on collections has expired, it means the debt is not legally collectable as in being sued, or other enforcement action.

Therefore if a debt is past SOL, it would be fraud and harassment to knowingly contact someone on a debt that is not legally collectable.

Furthermore, your collections activites stop when I send you a CEASE COMMUNICATIONS request.

It also ceases when I send a DEBT VALIDATION request until such verification is provided.

Any violation of the above, I get paid. Again.

The debt, whether legitimate or not, certainly must be removed from your credit report if it is being shown. You just need to send the Credit Reporting Agencies a certified letter asking that the entry be removed.

As for the collections, there IS NO STATUTE OF LIMITATIONS ON COLLECTIONS! The statute of limitations (without a judgement against you) has certainly expired, meaning that the company holding the note cannot sue you to get the money and that it may not be displayed on your credit report. His right to pursue you for payment never expires. You may consider getting their mailing address and dispute the debt, and request that they only contact you via mail. You may also notify them that it is illegal for them to take any actions towards collecting the debt until they can provide proof that you in fact owe them.

Shawn,

The next time they call you just start laughing as hard as you can. This is because a 15 year old debt of any kind in any state but RI and OH is totally UNCOLLECTABLE as it is past the legal STATUTE OF LIMITATIONS for collection.

AND, the best part is, if they put this on your credit, it is a slam dunk WIN in court for the max of $1000 plus costs and any actual losses.

I normally say to never call a debt collector, but in this case I think you should call them and just start laughing in the phone. Then explain the SOL thing to the crackhead on the other end.

Have fun!