# Debt Collection Issue- looking for opinions **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 30, 2010, 12:03am UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001 "2010-06-30T00:03:20Z")\ **Posts on this page:** 17\ **Page:** 2
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [June 30, 2010, 10:44am UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/21 "2010-06-30T10:44:06Z")
> [@DiosaBellissima](#): > > So, here’s my question: do I send a letter to the company politely reminding them of the statute of limitations or do I just ignore everything all together? If I did send that letter, I imagine I’d CC the Department of Consumer Affairs, as well as send them a specific explanation of the incident. Should I do this? I’m just afraid that fully ignoring it will lead to me one day getting a bogus court judgement in the mail that I have no way to fight. Ignore it. Writing back is feeding the trolls. They are more likely to keep coming back if you give them a response than if you don’t. ---
**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\ **Post date:** [June 30, 2010, 11:04am UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/22 "2010-06-30T11:04:46Z")
> [@Nava](#): > > Ignore it. Writing back is feeding the trolls. They are more likely to keep coming back if you give them a response than if you don’t. Writing ONE letter to demand that they show proof that you owe the debt is a good legal defense. It shows that you are willing to pay a debt, if you actually owe it. If you don’t write them that one letter, then they keep hounding you. And hounding you. Writing that one letter will get them to quit. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [June 30, 2010, 4:49pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/23 "2010-06-30T16:49:30Z")
> [@DiosaBellissima](#): > > The only annoying thing is that they sent the letter to my father’s PO Box— something that has never been my address. Of course, my father sort of glared at me as he handed it to me, thinking I’m some dead beat. Excellent! Ahh - that means they don’t even know they sent the letter to the right person. They probably sent it to anyone they had on a mailing list with a similar name and address. Even more reason to ignore it. It is kind of like not trying to remove your email address from an obvious source of spam. If they persist, then a letter as mentioned might be worth it, but why get them excited? They are sending out thousands of letters, and will concentrate on anyone who replies. Don’t be that person. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [June 30, 2010, 4:52pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/24 "2010-06-30T16:52:04Z")
> [@Lynn\_Bodoni](#): > > Writing ONE letter to demand that they show proof that you owe the debt is a good legal defense. It shows that you are willing to pay a debt, if you actually owe it. If you don’t write them that one letter, then they keep hounding you. And hounding you. Writing that one letter will get them to quit. Your model seems to be that there is one person in this company focusing on Diosa. It is far more likely that they are sending letters out to anyone who resembles someone on their list. If she ignores it (and it didn’t even come to her address) they will assume they sent it to the wrong place, and will stop bugging her, most likely - not that a single letter counts much as bugging. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [June 30, 2010, 4:56pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/25 "2010-06-30T16:56:12Z")
> [@DiosaBellissima](#): > > Also, I think it’s an interesting point that WaMu doesn’t exist anymore, so it would be difficult for them to prove I owe anything. legally speaking, Citi took over all their assets and records, so if you actually owed anything to WaMu they could - but it is clear they sold this debt to the collector, so you have no obligation to WaMu anymore. I was speaking more in terms of moral obligation. I once discovered I owed Penney’s $30 or something, because I had moved and they hadn’t updated my address. When I used my credit card once after a period of years, the bill went to my old address and didn’t get forwarded. That I offered to pay - I think they just canceled it because it was too small to be worth the effort, and because I called them when it showed up on a credit report. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [June 30, 2010, 4:56pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/26 "2010-06-30T16:56:47Z")
I agree with what **Voyager** has said so far. Good advice. ---
**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\ **Post date:** [June 30, 2010, 5:11pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/27 "2010-06-30T17:11:51Z")
> [@Voyager](#): > > Your model seems to be that there is one person in this company focusing on Diosa. It is far more likely that they are sending letters out to anyone who resembles someone on their list. If she ignores it **(and it didn’t even come to her address)** they will assume they sent it to the wrong place, and will stop bugging her, most likely - not that a single letter counts much as bugging. Bolding mine. Actually, when I checked my mail late last night at home, I had received one there, too. But still, they sent it to my dad’s PO box, which is lame. I actually have no idea how they got my new address, so they must have looked it up. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [June 30, 2010, 5:18pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/28 "2010-06-30T17:18:29Z")
> [@Voyager](#): > > legally speaking, Citi took over all their assets and records, so if you actually owed anything to WaMu they could - but it is clear they sold this debt to the collector, so you have no obligation to WaMu anymore. I was speaking more in terms of moral obligation. Actually, didn’t JP Morgan Chase and not Citibank take over Washington Mutual? And DiosaBellissima, isn’t your father a tax attorney? If so, have you asked him for advice? ---
**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\ **Post date:** [June 30, 2010, 5:18pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/29 "2010-06-30T17:18:49Z")
> [@Voyager](#): > > Your model seems to be that there is one person in this company focusing on Diosa. It is far more likely that they are sending letters out to anyone who resembles someone on their list. If she ignores it (and it didn’t even come to her address) they will assume they sent it to the wrong place, and will stop bugging her, most likely - not that a single letter counts much as bugging. Actually, I’m assuming that yes, there’s probably ONE person in that company who is in charge of Diosa’s file. This person is probably a peon, but yes, probably only ONE person is in charge of that file. And the reason that they are sending out letters to her and her dad is because deadbeats (not that I think that she’s a deadbeat) generally move around, and they’re trying to get ahold of the person, and are counting on the person’s relatives to tell the deadbeat that they got a letter or phone call. If it’s just ONE letter, then yeah, ignore the first one. But if there’s more than one letter (and it appears that there is) then the agency WILL keep bugging the target until they are convinced that the target is either not legitimate, or is a waste of time. By disputing the debt, and requiring the agency to prove that the debt is both a real debt and is still collectible, the target can get convince the agency that s/he’s not worth the time and effort to harass. ---
**Author:** ![smoke](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@smoke](https://boards.straightdope.com/u/smoke)\ **Post date:** [June 30, 2010, 5:19pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/30 "2010-06-30T17:19:13Z")
> [@Lynn\_Bodoni](#): > > Writing ONE letter to demand that they show proof that you owe the debt is a good legal defense. It shows that you are willing to pay a debt, if you actually owe it. If you don’t write them that one letter, then they keep hounding you. And hounding you. Writing that one letter will get them to quit. Is this legal advice? Or maybe just “information?” ---
**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\ **Post date:** [June 30, 2010, 5:21pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/31 "2010-06-30T17:21:43Z")
> [@Dewey\_Finn](#): > > And DiosaBellissima, isn’t your father a tax attorney? If so, have you asked him for advice? Not a tax attorney, but something like that. He gets very. . . upset by debt issues and bank problems. I mean, irrationally so. Like, screaming, yelling, hiring attorneys to fix things, etc. (Someone put something fraudulent on his credit report and he basically went nuclear). While his advice or help would be, ya know, helpful, his reaction to this type of thing generally stresses me out. So, if I could handle it without dragging him into it, it’s better. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [June 30, 2010, 5:28pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/32 "2010-06-30T17:28:04Z")
OK, if he’s like that, then I can see that you wouldn’t want to involve him. Given that the debt is questionable, a letter asking them to prove it seems reasonable. ---
**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\ **Post date:** [June 30, 2010, 5:37pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/33 "2010-06-30T17:37:54Z")
Yeah, and I mean, while them just sending letters isn’t really the end of the world, my dad appears to think I’m some sort of dead beat when he hands them to me. So, I’d rather avoid that, if at all possible :). I’m thinking that the letter **Sleeps With Butterflies** linked to upthread, about the expired SoL, might be a good one to send. I just really don’t want to trigger some crazy attack dog or something, ya know? ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [June 30, 2010, 5:58pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/34 "2010-06-30T17:58:16Z")
> [@Dewey\_Finn](#): > > Actually, didn’t JP Morgan Chase and not Citibank take over Washington Mutual? > > And DiosaBellissima, isn’t your father a tax attorney? If so, have you asked him for advice? :smack: You are quite right, and I should have known that since there is one within walking distance from my house. I don’t have an account there but my father in law parked some money there. My wife hates them, because if you don’t use your ATM card for 3 months they turn it off, so she has to go there to check his balance just to keep it active. I also tried to open a checking account for a non-profit there, and they were a total pain in the ass. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [June 30, 2010, 6:05pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/35 "2010-06-30T18:05:08Z")
> [@Lynn\_Bodoni](#): > > Actually, I’m assuming that yes, there’s probably ONE person in that company who is in charge of Diosa’s file. This person is probably a peon, but yes, probably only ONE person is in charge of that file. And the reason that they are sending out letters to her and her dad is because deadbeats (not that I think that she’s a deadbeat) generally move around, and they’re trying to get ahold of the person, and are counting on the person’s relatives to tell the deadbeat that they got a letter or phone call. If it’s just ONE letter, then yeah, ignore the first one. But if there’s more than one letter (and it appears that there is) then the agency WILL keep bugging the target until they are convinced that the target is either not legitimate, or is a waste of time. By disputing the debt, and requiring the agency to prove that the debt is both a real debt and is still collectible, the target can get convince the agency that s/he’s not worth the time and effort to harass. I’d assume that there is one person running a program which looks up all the names on their list, searches for likely addresses in various databases, and then prints and mails form letters to all possibilities. Once she answers, then there is a person assigned to her account. I don’t think she wants to be on someone’s list, since I suspect they have goals around getting money out of people. She got two parallel letters, to two potential addresses. If she gets a follow up fairly soon, then I might respond. I’ve actually done this once, and found that telling the person on the phone that I knew my legal rights worked quite well. They might try the moral obligation to repay path, but she doesn’t have that in this case. She’ll no doubt get another letter in a few years, though. ---
**Author:** ![zamboniracer](https://avatars.discourse-cdn.com/v4/letter/z/e9a140/32.png) [@zamboniracer](https://boards.straightdope.com/u/zamboniracer)\ **Post date:** [June 30, 2010, 8:03pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/36 "2010-06-30T20:03:48Z")
> [@Voyager](#): > > They might try the moral obligation to repay path, but she doesn’t have that in this case. Fortunately I haven’t had to argue this myself, but I find it hilarious when a credit card company which charged usurious interest, changed the terms of the agreement on a whim and piled on unconscionable late fees uses the old “moral obligation” argument. I’d throw the term “unclean hands” around. ---
**Author:** ![Acid\_Lamp](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Acid\_Lamp](https://boards.straightdope.com/u/Acid_Lamp)\ **Post date:** [June 30, 2010, 8:44pm UTC](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001/37 "2010-06-30T20:44:01Z")
Adding my vote for “ignore them”. If the statue has run out, then it’s tough titty for them. If you do contact them, have it be that cease and desist letter. [Previous page](https://boards.straightdope.com/t/debt-collection-issue-looking-for-opinions/545001.md?page=1)