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duy yek | Credit question, 10 year old visa bill |
i just had a call from a collection angency about a old visa bill i had its almost 10 years ago in the amount of 9,000 they said if i don't pay they could put out a bench warrent for me. is this possible?
Additional Details
thank you all for the information. you all are so helpful. have a great day! |
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Evan B
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In short, no, they cannot issue a warrant for your arrest. It also cannot show on your credit report; if it does, contest it and it will be removed. The Federal Fair Debt Collection Act governs this debt and how the collection agency may attempt to collect. The specific area you are looking for states this is illegal: "The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action." |
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Celeste
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No, they can't do that! Threatening you with action they don't intend to or can legally take is a violation of the Fair Debt Collection Practices Act.
Besides, it's most likely over the statute of limitations, so the debt isn't legally enforceable anyway. Also a 10 yr. old debt is over the reporting period, so your credit isn't being affected by it.
Just ignore 'em or send them a 'Cease and Desist' letter, that should put an end to it. |
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Crazyjester9
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What this collection agency did was a violation of the FDCPA. The FDCPA states that a debt collector cannot threaten to take any action which they do not intend or cannot legally take. Since debt is a civil matter rather than criminal, their threat to have a warrant issued for you is a blantant violation.
You didn't mention what state you are in, but this is almost certainly past the statute of limitations in your state, meaning you no longer have a legal obligation to pay. I included a link below to help you figure the SOL.
If it is indeed past the SOL, you can simply send a cease and desist letter and by law they can no longer contact you any longer. Also keep in mind that they cannot put this on your credit report, as the 7 year period under the FCRA has expired.
If you have any further trouble, you might check out the 2nd link listed below. It's a FREE (got that, yahoo?) credit discussion board where you can get further help. |
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Jalapeno J
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No, this is just a scare tactic. It is illegal for a collection agencies to make these kinds of threats unless they actually have the authority to do so and have or intend to go to court. At most it would be a civil judgment, not a criminal one. |
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Bart M
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I'd tell them that they should put their claim in writing (This is a idle threat - and it's illegal)
If you indeed owe the $9K, offer them $500, get it in writing and pay them. |
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eric h
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as long as you havent made a payment in 7 yrs its past the statute of limitation for collection, meaning your in the clear. Some collection agencies buy these old debts for very cheap and do this kinda collecting hoping to sucker people in that dont know the laws |
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not here
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No, a bench warrant can't be issued for a debt. They cannot threaten criminal proceedings. |
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alivegenie
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A civil claim is the most they could hope for |
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Little Big Boss
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U.S. law says that a company has one year to start collection proceedings from the time you were deemed delinquent with your payments.
Then, they have seven years to collect, or attempt to collect on the debt, including filing a suit or legal action to collect.
After that, they have no right to contact you on this matter and are breaking the law.
Get something in writing from them and inform them that you are collecting it to possibly file a harassment suit against them and they will probably go away.
Your credit report will show minor problems for only 3 years and major ones for only seven years.
Of course, only Bankruptcy will stay attached for life. |
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