Typical Junk Debt Buyers (JDB's), who purchase old debts for pennies on the dollars, then attempt to collect on them...even if they are beyond the SOL (Statue of Limitations).
I found the following information which may be useful in dealing with these scavengers:
If you are currently in debt or have ever been in debt, a new consumer alert is necessary to inform you that you could be the target of a new assault by Junk Debt Buyers, also known as zombie debt collectors!
"Junk Debt Buyers" are collection agencies that purchase old charged-off bad debt from creditors who have already written off the debt as uncollectable! These outfits, known as "junk debt buyers" (JDBs), or zombie debt collectors, are working for themselves due to the fact that they now "own" the debt. In most cases, they are simply counting on filing a lawsuit against you in hopes that you won't fight it so they can obtain a default judgement against you and then easily garnish your wages, etc. DO NOT LET THEM DO THIS! "Contingency" collection agencies work as agents for another company to collect a debt. A junk debt buyer may also be in the contingency collection business or they may contract with a contingency agency. This new breed of JDBs are a multi-billion dollar industry and are responsible for an alarmingly large number of debt collection and credit reporting violations of law. They operate on the barely legal side of the law. Know who they are and fight back!
Typical "Junk Debt Buyer" Agency Violations
Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA) and the Fair Debt Collections Practices Act (FDCPA) violations typically practiced by junk debt buyers.
1. Re-aging Accounts: Junk debt buyers attempt to force settlement on "time barred" or "Expired Statute of Limitations" accounts. The actual date that the debt becomes delinquent is supposed to be reported to credit reporting agencies under FCRA/FACTA within 90 days of the delinquency. Debt reporting re-aging is the practice of reporting a bad debt account as more recent than it really is. Re-aging causes the FICO score to drop dramatically since the scoring model interprets the re-age as a more recent default. Junk Debt Buyers press for payment of some amount to bring the debt back under the statute of limitations after which they can sue you and have a chance of winning. It is important to note that State statute of limitations (SoL) for collections are different from FCRA/FACTA statutes of limitations for reporting the alleged debt on your credit report.
2. Misreporting the legal status (e.g., an open chargeoff that was actually discharged in bankruptcy) and also misreporting the "open date" and "date of last activity" on an account are two favorite "illegal tactics"! Junk debt buyers purchase debts that are outside the statute of limitations for lawsuit (legal enforcement of the debt) but not outside the statute of limitations for reporting the alleged debt on your credit report. They like to report this debt as a revolving account, which is illegal.
3. Various Code Violations: (e.g. consumers not being notified that their calls are being monitored or recorded) are also likely violations in almost all fifty states.
4. Multiple Listings of the Same Debt: Junk debt buyers are often responsible for multiple reporting of the same debt as these change hands among buyers and sellers. Usually, these same debts are reported by the original creditor as well. Thus you could have the same debt reported multiple times! Increase your credit score by disputing your credit reports and cleaning them up.
5. Collectors Pretending to be Lawyers. It does not improve a credit score to settle an old debt unless the item is completely deleted (not just reported as "paid in full"). Settling a debt with a junk debt buyer makes your credit score worse because the delinquency or chargeoff will now be reported as more recent!
What to do if you are contacted by someone claiming to own one of your past debts:
Never assume you are wrong - assume instead that your rights are being violated. Make the JDB prove the debt is yours and you are legally obligated to pay it.
Retain and file all letters, account statements, and court records concerning any communication from JDBs (even from 15 years ago).
Never provide the collection agency or junk debt buyer with updated personal or contact information. Never provide banking information (such as sending a check with your checking account number on it) to these JDBs as they will freely dip into your bank account in the future with garnishments, etc.
Never acknowledge a debt with a collector or agree to any payment until the collection agency proves and validates the debt as belonging to you (past billing statements are not considered proof).
Know the statute of limitations and date of last activity for the alleged debt. Never agree to pay on an out-of-statute debt as that will do more damage to your credit than good.
Never accept credit card "offers" that come with an offer to settle a debt or that request payment in any other way. They will simply tack on an old out-of-statute debt onto a "new" credit card account and start the clock all over for the old debt. Beware of these "credit card" offers that promise to rebuild your credit by allowing you to pay off obsolete debt.
These "Junk Debt Buyers," sometimes called "zombie debt collectors," are barely operating within the law in many cases and are the bottom-feeders of the entire credit and collection industry. Do not be intimidated by them and know your rights when contacted by them. Many people fight them in court and actually win. Do not give in to their intimidating threats without exercising all of your consumer rights.
http://www.credit-repair.atomicshops.com/junkdebtbuyers.html