Can I sue collection agency and Verizon Wireless ?

localinfopost

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Apr 21, 2010
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No this is not a joke... I received a bill for 1800.00 from collection agency who claims that I owe them money. Was not sure for what but the collection notice mentions Verizon as original debtor.

Then ... please do not fall from your chair. The bill is from 1996.

I am a foreigner ... and do recall that I used my landlords phone and paid $9.99 per month but never had a contract or agreed to anything... that was back in 1997.

After visiting Verizon I gave them last chance to clean my name but they claim that I never had account with them or a phone and they never had a contract with me.

What I assume that... when I had my phone they had my name... and when I canceled they had fraudulently made a huge tax write off thinking that I am stupid foreigner and will never find out about it.
Now after 14 years collection agency is writing me letters and are convinced that I owe them for something that I never owed. I am not willing to talk to them or even go in to any details since they are "fraud".
I exhausted every option and now want to take them to small claims court. What do I actually base my claim on? There are so many things that they violate... What would I base my small claims case and for how much can I sue?
I am patient and did all this 12 years ago ( I mean writing letters; asking for contract; removed from all credit reports)... it takes $90 to take them to court $7.00 to write the letter. If Judge awards me any money for damages maybe that would teach a better lesson than a letters that they are receiving from thousands of customers... Just do not know if such action is permissible since so many people here are just so used to getting "screwed" and do nothing. I would like to prove my point.. is it possible to do this in Small Claims Court?
 
Tape record all your calls with them. You may need a lawyer though. You can't take a business from Kansas to small claims court if you're in New York.
 
Per your update: Verizon is a multi-billion dollar company...They employ their own army of attorneys. Don't waste your time/energy trying to sue Verizon in small claims court. Just send the cease communications letter to the collection agency as outlined below. Small claims court is limited to small damages anyway...you won't get a million dollar settlement there.
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This debt is time barred....don't worry. It does not matter whose account this was or even if it was fraudulent. Debt this old cannot be put on your credit report and it is legally uncollectable.

Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up ( which it is in your case)...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:

Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
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To speed things up, fax this same letter to the collection agency. Free fax service at: http://www.myfax.com/free/

Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
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If they keep calling...next time they call, read the following statement:

Pursuant to state law, be advised that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Law violations.
 
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