Community Chat

[SahmIam]

You receive a phone call that is serious: there is a case and your SS# on a persons' desk and YOU must call else legal action. You are clueless what it is about. It happens again. They call a phone number that is unlisted; NOW you are really wondering what is going on.

You call and find out that there is a debt with your name on it from 11 years ago; why there is a debt doesn't matter, there just is. You can not or are not willing to pay the debt for whatever reason (again, that isn't the issue). Both parties hang up.

HERE is the question: by calling, does this mean you have opened the door for 14 years of calls, letters and legal action? 

I say no as I read it's the PAYMENT that makes the clock tick. Family member says YES, by calling you have acknowledged the debt and now they can come after you no matter how long ago it was. Person this happened to is freaking out as she is on a fixed income and barely making it (she may be homeless in a month if housing doesn't come through).

Before I start googling (because I want to know the answer), I thought I would ask the great minds of this community: you all have supplied me with amazing information on many subjects so...

Anyone know? TIA

[Laura14]

I am not an expert so please google but I believe unless you actually make a payment on the debt, they got nothing.  

And check the statute.  Debts expire after a while and 11 years is a long time.  It may not be valid any longer.

[cherry]

It sounds like you need expert legal advice. I'd contact an attorney Legal aid might be able to help

[Laura14]

I checked the statutes at bankrate.com and unless she is in Kentucky which has 15 years for some types of debts, they can't touch her.

In the words of BIll Handel, tell them to go pound sand.  They can sue her and the judge will throw them right out of court because it's too late for them to collect on it.

 

[SahmIam]

@Laura14 That is what I thought. She found an article at the senior center that discussed debt collectors going after seniors' pensions and SS because they can find that they are receiving those things and she is now terrified.

Getting any assistance (legal-wise) will take forever so we're trying to do the legwork for her. I'm upset over seeing how sick with worry she is. : (

Editing to add:

*Why come after someone at this point?

*If she had agreed to make payments, is THAT what would have been the problem/renewed the debt?

[Laura14]

@SahmIam  It's a scare tactic.  I would have someone with a big mouth call those (insert lots of good names for them here) and tell them that if they so much as contact her again, they will be sued for harassment and a complaint will be filed with every agency you can find about their illegal activity.  

What they are doing is completely illegal.  File the complaints ASAP.  Go get em!  

[Laura14]

---

@SahmIam wrote:

@Laura14 That is what I thought. She found an article at the senior center that discussed debt collectors going after seniors' pensions and SS because they can find that they are receiving those things and she is now terrified.

Getting any assistance (legal-wise) will take forever so we're trying to do the legwork for her. I'm upset over seeing how sick with worry she is. : (

Editing to add:

*Why come after someone at this point?

*If she had agreed to make payments, is THAT what would have been the problem/renewed the debt?

---

@SahmIam  Do NOT pay them.  If she makes any payment of any kind, it reaffirms the debt and starts the clock over so they can collect on it and take their share which is what they are trying to get her to do.  The debt is too old.  They are banking that she doesn't know that.  Tell them to go take a flying leap or the next people they talk to will be the police.  

[Tuppermore]

There are many telephone scams out there these days. I always look  the phone number up through an internet search if I receive phone calls similar to this.  I know that I do not have any outstanding taxes or bills. So far, every phone number that I have searched has shown up as a scam.  Please be careful.  These calls are often just searching for information that can then be used to extract money from various accounts.  Fraud has become much too easy.  I have eliminated all charge cards accept Kohl's and my Q card.  In the last 14 months, I have had both of our AMEX accounts hacked as well as 3 debit cards and a Visa charge card.  All of my plastic cards are in RFID sleeves in my purse.  I always try to be careful.  It is very frustrating.  I hope this is legitimate.   

[nycgrl]

There is too much in this question to give you an absolute answer but the bottom line is old debts that may or may not be collectible are sold off to bottom feeders.  Each state has its own statute of limitations.  There are also federal laws in place that bar the collection agencies from harrassment.  Please check the statute of limitations in her state and determine if the debt is first collectible.  If it is not, she can write a cease and desist letter and if they break the "no communication" she is entitled to collect $$$ per the FCCPA.  

Never make a payment - that validates the debt - they use scare tactics and people cave.  

Like I said there is a lot involved when it comes to collection agencies, their practices and the LAW. 

[SahmIam]

@Laura14  I went to the site you mentioned; it took awhile but after they told her what the debt was (because she was clueless), she acknowledged that there was a debt but they wouldn't agree to a settlement or payment plan. Things in her life have gone down from there and there is no money; nothing has changed.

THIS is what may ***** her over : (