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Bluebellringy | Anyone know debt-collecting laws? |
Can a company collect on a judgment debt that is 15 years old? It's not a real estate or secured loan, just money that was owed. My co-worker is getting letters and calls from a collection agent that says their gonna sue him.
Additional Details
From what he (my co-worker) told me, he had a judgment filed against him 15 years ago... now they're threatening to garnish his wages and attach his bank account and that kind of thing. My original question wasn't very clear because I'm only repeating what I was told. He's wondering how they can garnish his wages after all this time. |
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Studly
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I just love these answers.....did anyone (other then OC1999) read the question?
First, somewhere in this question you have something confused. When you say "judgment debt" that means that the collector already went to court, got a judgment, and has been trying to collect.
You then go on to say the collection agent says he is going to sue him??? That doesn't make sense if they already did 15 years ago!?!
So I'll answer this question for you both ways. If they got a judgment 15 years ago, then there is a certain amount of time that they have to collect. Each state is different (see the link below). In some states, they must collect within 10 years. If they don't, they will not be able to sue you again for it.
In other states (Michigan for example) the judgment is good for 10 years, but if they go back to court and file for an extension before the 10 years is up, they can extend it another 10 years. In some states they are limited on how many extensions they can get, others are unlimited.
So you need to find out what the judgment SOL is, and check with the court to see if it's still valid. Did they extend the judgment? If not, it's no longer any good and can't be enforced.
Now, if the creditor did NOT sue you and didn't get a judgment, you are working under the debt Statute of Limitations...again this will very from state to state. None of them are over 10 year. Maybe this is what is going on now...the collection agent does not have a judgment at all! If that is the case he's out of luck because the debt SOL has surely run out.
Read the links below...if you are still confused contact me and I'll walk you through how to get this figured out.
Edited:
OK, so now your next step is to check your state law and see if the judgment is still good. Contact your local court clerk, or go down and examine the files yourself (they are public record). |
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OC1999
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If it was a "judgement" then that is through the courts and he would have already have been sued. There would be no reason for a collection agency to call. The company would just go through and try to garnish his wages, attach his bank account or any real property he has.
If it is something like a Credit Card debt, then 15 years is outside of every state's SOL so they can try to collect the debt but not take him to court. The only thing he has to be sure of is to make sure he did not reset the SOL at some point in the last few years, such as making a payment. If he did reset it then they might still be able to sue him. |
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Liz
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Collection Agency has a right to collect Debts with Interest. If not, Agency will take, and leagaly could fight, file a case in court against co-worker or any body involves in debts. I'm on debts almost 4000 dollors, and I pay in every month 100 dollors for 3 years agreement. Once Agency has all the details, addresses, work place, or other personal contacts, they can very easily track and, or they can come and take all the valuble stuff to cover up their debts amount. I will suggest, at least go to a Collection agency and start pay even for 5- 10 years payments, before it gets worse. I'm on Disability, and I still have to pay.I knoe some people hide, and keep on moving. but. their's still a risk. Agencies never give up , and keep investigate untill they find debters. Once they find even after many years time, it's too bad for the person hasto oay with lots of interest. We'll have tp consiconces. Pls. ask your Co-Worker to start paying little by little amount and get rid of stress. In Courts this matter will look at it like fraud. Some times people will go to thw Jail to pay the fraud penelty. I know very well, and I always research every Legal matters. |
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tomwill8517
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You can view debt collecting laws set by the Federal Trade Commission below and where to report violations. |
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A. Jolie #1 Fan
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Wow really? Well I guess i'll be getting sued soon. lol. |
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walkstallshadow
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They have very little to stand on. It is likely a company that "purchased" the debt from the original company that offered the loan or credit card. They buy debt for pennies on the dollar and use scare tactics to coerse the person that owes the money to give them money. Since it's 15 years old they wouldn't win a court battle.
That being said, these are guidelines or rules they have to follow while trying to collect a debt as provided by the Consumer Credit Protection Act.
The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following:
Contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time
Contacting consumers in any way (other than litigation) after receiving WRITTEN notice that said consumer wishes no further contact or refuses to pay the alleged debt (unless it is to say that collection efforts are being terminated or that the collector intends to file a lawsuit)
Contacting consumers at their place of employment (after having been told verbally or in writing that this is not acceptable)
Continuation of collection efforts after receiving WRITTEN request from consumer for validation of debt, unless/until validation is provided
Misrepresenting the debt or using deception to collect the debt
Publishing the consumers name or address on a "bad debt" list
Adding extraneous "fees" or "charges" to the original balance (unless allowed by law)
Threatening consumers with arrest or legal action that is not actually contemplated or even possible
Using abusive or profane language in the course of communication related to the debt
Revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney)
Reporting false information on a consumer's credit report or threatening to do so in the process of collection
Filing lawsuits in places other than where the consumer lives or signed the contract |
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Moondog
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Check
http://www.freerepublic.com/focus/f-news/1580612/posts |
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linda b
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a judgement last for 10 years of c/r they can try to colloct but can't take you back to court for it |
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nobody
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No, max is 7 years. Due to the reason that in a seven years period you will be paying higher interest rate. Also they already count as a lost income. I hope that help. |
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smile4cobra
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That doesnt make sense...you said its a judgment debt that means she already has been sued.
Than you said they sent her letters saying they will sue her.
If the debt has been reduced to a judgment than the judgment is good for 10 years and can be renewed. In some states only once so that makes it 20 years all together and other states liek CA more.
Be more specific about what the status of the debt is so that we can give you a good answer. |
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Todd B
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A debt is a debt is a debt. Doesn't matter how old it is. |
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