The statute of limitations (6 years for a contract in writing) applies only to the length of time that a creditor can sue you. A creditor can contact (calls, letters, etc.) you forever about the debt. However, under the Fair Debt Collection Practices Act, if you notify a third party debt collector (such as PRA) in writing not to call you, then they must stop or be in violation of federal law.
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The information contained in my answer is provided for informational purposes only, and should not be construed as legal advice.
I would also suggest you contact a consumer lawyer in Arziona concerning your rights. PRA may have crossed the line and violated one or more of the consumer protection laws. Get an opinion from an Arizona lawyer.
You should send them a cease and desist letter. Once you send this letter the collector is required by Fair Debt Collection Practices Act to stop contacting you regarding the debt. However, the collector can file lawsuit, but if the Statute of Limitations has run on the debt, you would file Motion to Dismiss on the ground that the Statute of Limitations has run on the debt. DO NOT IGNORE THE LAWSUIT. Click on the link below for sample cease and desist letter:
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
Portfolio records all calls. So should you. You can write them a cease and desist letter, but if you talk to their collectors sooner or later a frustrated one is going to say some things that violate the FDCPA and you might wind up being able to sue them for far more than they're trying to get from you.
Or you could take advantage of a feature of most modern phone handsets: the number memory. Portfolio calls from a handful of numbers. Enter them in the number memory, then choose a custom ring of "no ring" for them. Your phone will light up when they try to call and you'll be able to see the number, but it won't ring. Sometimes practical solutions are as good as or better than legal solutions.
You have no attorney client relationship with me. I do not know all the specifics of your case, some of which might affect the response I made, which is not legal advice. State laws vary, and I cannot opine on the impact of the laws of any state other than Florida.
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