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    I need some advice

    I have a 5,000 cc debt, and it's been turned to collectors, and well the keep calling every day, they even sent a letter telling me that if I pay 3000 that would do it, the thing is that I haven't been to the US in 5 years, 'cause I couldn't renew my student visa, and I've applied 4 four times, and a visa has been denied to me. Anyway my parents are legal residents in the US, my Father has an excellent credit record, and well they are concerned 'cause the creditor keep calling, and even though my mom tells them that I no longer live in the US, they just keep calling, I had arrangement with creditors, but I just couldn't keep up, I don't make much money in my Country, the thing that pisses me off the most is that THEY TOLD MY MOM THAT I OWED 5,000, I thought that creditors couldn't discuss your debt problem with another person, in this case my mom, I mean I don't have a single property in the US, and I don't know what to do, I wanted them to stop calling my parents, any suggestions, advice, comments would be appreciated.

    #2
    Since this is a US collections company and not the original creditor, they are required to comply with the Fair Debt Collections Act. Try sending the company a registered return receipt letter stating that they may not call your parents and they are to contact you only by mail (give them a PO Box address to use). Also see http://www.bankrate.com/brm/news/pf/20020311a.asp and http://www.consumerlaw.org/action_ag...llection.shtml for effective ways to deal with collection agencies that harrass. The second site has a good example letter to use as well.

    How old is this $5,000 debt? Depending on the state you lived in here in the US, the debt may now be beyond the statute of limitations and uncollectable.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      The Debt is 2-3 years old max, and I used to live in Tx.

      Comment


        #4
        Originally posted by Velcs2499 View Post
        The Debt is 2-3 years old max, and I used to live in Tx.
        According to http://www.carreonandassociates.com/...laws.htm#Texas , the statute of limitations (SOL) in years for Texas is:
        Open Acct.: 4
        Written Contract: 4
        Domestic Judgment: 10 (Renewable)
        Foreign Judgment: 10 (Renewable)

        Looks like your debt is still collectable

        Have your parents try some of the suggestions here in forum and on the two websites I gave you on how to deal with aggressive collectors. Since you are not living in the US any longer and I assume you have no assets remaining in the US, owing just $5,000 it's very unlikely the collection company would come abroad to get the money that way.

        This collections company is doing what they can to get you to pay any way they can, and if that takes harrassing your parents multiple times a day, they are willing to do that until you find a legal way to stop them. The letter I mentioned is the first thing to try.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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