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Got a call over a 22 year old debt

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  • Got a call over a 22 year old debt

    I completed my chapter 13 and got my discharge in May 2012. I thought my financial issues
    were over and done with. I got a call last nite from a collection agency saying I owe $3200
    from a credit card back in 1990. I dont know if this is legit or not. I cant remember what
    credit cards I had 22 years ago. They called me on my cell phone. The cell phone bill is in
    my wifes name. My name is not on the account. Cant figure out how they found me. Anybody
    have a similiar situation as this. Any advice welcome.

  • #2
    every state varies:

    here's ohio:


    Ohio Laws on Wage Garnishments, Statute of Limitations on Debt and Bankruptcy Property Exemptions
    WAGE GARNISHMENT EXEMPTION: Federal law applies

    MAXIMUM INTEREST RATE: Legal: 10% Judgment: 10%

    STATUTE OF LIMITATIONS ON ENFORCEMENT:

    Open Account (credit cards) 4 years
    Written Contract: 15 year
    Domestic Judgment: 21 years (renewable)
    Foreign Judgment: 21 years (renewable

    Ohio law regulating debt collectors

    BAD CHECK LAW DAMAGES: $200 or three times the amount of check and attorney fees, whichever is greater.


    this was interesting:

    Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.

    You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below)

    The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.

    This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.

    If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.

    The table below lists the number of years a creditor or debt collector has to collect debt in each of the 50 states and D.C. The statute of limitation usually begins running on an unpaid debt from the date of last activity OR the date the delinquent account was written off as a bad debt by the original creditor. If you did not keep your records or you do not know what this date was order your credit report and check it out. The original creditor should list the date the account was written off or the date of last activity on your credit report. KEEP ALL OF YOUR ORIGINAL PAPERWORK REGARDING THIS DEBT FOREVER -- YOU MIGHT NEED IT 15 YEARS FROM NOW.

    ps....tell them you are turning them in to the FTC if they call again and go suck a rotten old egg with yolk....
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

    Comment


    • #3
      Was your Chapter 7 a no- asset case?

      If so, get their address/fax when next they call (without any admission that this is your debt) and send them a copy of your discharge. Then if they ever call again, tell them to pound sand!
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


      • #4
        Sounds like he did a 13, ValleYum. I get those calls, and they usually turn out to be someone else. I never give them any information. I ask for a middle initial, which is usually different than mine, or I ask for the last 4 digits of the SS number. Are you sure it's yours debt?
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

        Comment


        • #5
          Originally posted by drowning123 View Post
          Sounds like he did a 13, ValleYum. I get those calls, and they usually turn out to be someone else. I never give them any information. I ask for a middle initial, which is usually different than mine, or I ask for the last 4 digits of the SS number. Are you sure it's yours debt?
          LOL it's what I get for trying to answer while impaired (with lack of sleep!!).
          Thanks for catching that for me!
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

          Comment


          • #6
            Originally posted by kiheimer View Post
            I completed my chapter 13 and got my discharge in May 2012.
            First, make sure it's actually your bill. Do not give them any personal information, ever! It could just be a scam!!! Second, immediately inform them that the debt was discharged in a Chapter 13 and tell them that they should (I tell them "must") take down the case number and discharge date and to never call again.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              Thanks for the info. They did have the last 4 digits of my ss # Also this was not included in my chapter 13
              as I did not know it existed and I filed in 2007; 17 years later. I am going to go with the statute of limatation
              and see what happens.

              Comment


              • #8
                I had a similar issue on a what is now a 22 year old AMEX account. I didn't even recognize it, but they filed a claim in my Chapter 13. I was going to have it expunged, but the Judge had me leave it in the Chapter 13. It was "discharged" in my Chapter 7... so even if it wasn't mine, I have no liability.

                Your issue is that you didn't include it in your Chapter 13. This could create problems. The passing of the statute of limitations is only a defense to suit. Perhaps they will go away by just giving them your Chapter 13 case number and discharge date. Also, did you give them your last four or did you have them provide you the last four to confirm? Just wondering.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  Good luck.
                  Keep us posted.
                  Scum sucking bottom feeders. Feh!

                  Keep On Smilin'

                  Comment


                  • #10
                    They provided the last 4 digits to me. This debt very well could be mine: I just dont remember.
                    Its been too long ago. The way I understand the law is they can try to collect the debt but
                    I cant be sued over it. I will send them a letter. I wont pay them a dime or admit to them that
                    I owe this money.

                    Comment


                    • #11
                      Very good. I would send them a copy of the Discharge Order with a cover letter informing them that they should not contact you anymore.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog


                      I am not an attorney. Any advice provided is not legal advice.

                      Comment


                      • #12
                        Originally posted by justbroke View Post
                        I had a similar issue on a what is now a 22 year old AMEX account. I didn't even recognize it, but they filed a claim in my Chapter 13. I was going to have it expunged, but the Judge had me leave it in the Chapter 13. It was "discharged" in my Chapter 7... so even if it wasn't mine, I have no liability.

                        Your issue is that you didn't include it in your Chapter 13. This could create problems. The passing of the statute of limitations is only a defense to suit. Perhaps they will go away by just giving them your Chapter 13 case number and discharge date. Also, did you give them your last four or did you have them provide you the last four to confirm? Just wondering.
                        as stated some judgments can be renewed in ohio in year 21...so it may be the "date" that is the trigger factor here. although, i think it's a scam. OP also did state it was for an old cc is my mind is working well this afternoon, and the statue in that state is 4 years. (however, if a judgement was obtained that changes the situation) also the argument for the defense would be valid, although, it all sits in the judges lap. i would go to court, look up any ohio cases related to the statue. i think OP has a good chance of getting this taken care of.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          In my case, there was no judgment. If this is actually a judgment, then there are other issues since some judgment can actually be renewed for a second term. I would first attempt to just "scare" them off with the discharge order and a cover letter telling them to stop trying to collect. That works in most cases.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog


                          I am not an attorney. Any advice provided is not legal advice.

                          Comment


                          • #14
                            Sounds suspicious to me. Couldn't someone get most of that info from public records? I'd be cautious of it myself. Especially since they contacted you on a cell phone in your wife's name.

                            Comment


                            • #15
                              Skip tracing is actually pretty good these days. People don't realize that they leave their phone numbers and other information on social networking sites like Facebook! Not even that, the social networking systems even link people together, so it easy to find your friends and relatives. Yes, they use Facebook.

                              I would proceed with a demand letter.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog


                              I am not an attorney. Any advice provided is not legal advice.

                              Comment

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