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Calls reference an old chargeoff

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    Calls reference an old chargeoff

    Question?

    Wife and I were married. I settled a collection for her at about 40% in 2003. Wife and I divorced in 2006. Got re-married in 2008 (to same wife). Now she started getting collection calls for the rest of the money. I called them from my cell phone and now they are calling me. They are now wanting to re-settle for 50% of the balance. I can see this happening again for a 3rd time down the road.

    1) Do you think they would call me if I sent them a copy of Divorce from 2006 and not let them know I re-married her.

    2) I thought about a cease and desist letter, then they will have our address.

    Any suggestions

    #2
    Originally posted by po man View Post
    Question?

    Wife and I were married. I settled a collection for her at about 40% in 2003. Wife and I divorced in 2006. Got re-married in 2008 (to same wife). Now she started getting collection calls for the rest of the money. I called them from my cell phone and now they are calling me. They are now wanting to re-settle for 50% of the balance. I can see this happening again for a 3rd time down the road.

    1) Do you think they would call me if I sent them a copy of Divorce from 2006 and not let them know I re-married her.

    2) I thought about a cease and desist letter, then they will have our address.

    Any suggestions
    No they will not listen to you so do not send the divorce papers, it will go into the round file.

    Yes send a cease and desist as this is zombie debt. If you settled for 40% in 2003 then the debt is paid. It is probably out of the statue of limitations too for your state. It is common for debt collectors to sell the remaining part of the debt for further collection, they are a little tricky that way. If your debt is past the statute of limitations as I suspect it is, then you can tell them to pound sand. If they sue you, you can bring up the statute of limitations as an affirmative defense and the fact that it was PAID in 2003!!! But, most likely, since you already paid it in 2003 the cease and desist will work. Send it CMRRR.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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