Collection for a Payday Loan over 7 years ago. They are harassing me at work and threatening to present me with a Court summons. This is a debt I'm sure I have cleared up over the last 7 years, however do not have proof. How do I stop the harassment.
"They" may not even own a debt of yours, and the statute of limitations would ahve run if your alleged breach (last payment) was 7 years ago. If you're being chased by a collection agency, as opposed to the creditor who lent you the money, they can do certain things and may not do certain things, under state and federal collection agency law. They can threaten to sue you, but only if it's a genuine threat, and here, 7 years is beyond CO's 3 year statute of limitations for breaches of written contracts or 6 years for collection of debts on account. Threats to take actions that cannot be legally taken are also banned under the law. Here's that part of the federal Fair Debt Collection Practices Act :
Look at the part of this law that says how you can get them to stop calling you, if they don't stop. And the part about how YOU can sue THEM if they persist in violating debt collection law.
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The best way to deal with the calls is usually to hang up the phone. Most debt collectors that violate the law in this way are not stable enough to sue. You're dealing with criminals and suing criminals rarely turns out to be worth the effort. The debt collector might not even be located in the country and is likely to be difficult to track down and deal with directly apart from a phone call.
If you can gather enough information about the debt collector to determine where it is located and that the company is stable enough to stay in business and have assets to collect against, then you have a claim you can pursue for violation of the Fair Debt Collection Practices Act. You would be entitled to damages which can include statutory damages of up to $1,000 plus attorney fees and costs.
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