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David S | I am getting garnished for an 11 year old debt, by a 3rd party debt collector.? |
Is there a statute of limitation on debt? I am getting garnished by a 3rd party debt collector named "Unifund". I have heard of shady practices by this company. I thought this debt was an old car repo loan, so I called "Unifund", and they stated that it was actually a credit card issued by Bank of America.
Funny thing is, I have NEVER had a B af A credit card. So I called B of A, and inquired about this. The repo was from B of A, but they said they have no record of this repo (it was charged off and probably because its 11 years old) or any record of a credit card account.
I believe that this is a "zombie debt" that Unifund is trying to collect on. I am going to get more info from Unifund tomorrow, but I believe that I can fight this through the court. Anyone care to weigh in on this matter?
Additional Details
They have a judgement against me, and my employer has complied with the garnishment. Its not a threat, they are doing it. But my deal is, can they get a judgment against me for a debt 11 years later?? |
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Landlord
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Your employer has no choice. They have to comply or face criminal charges themselves.
Debt does not expire. You took out the loan, it is yours, no SOL. However, there is a SOL on lawsuits regarding the debt. 10 years is a common deadline, depending on your state. The court records should give you a break down of the dates on record. The deadline would not be based on when you took the money from the bank to buy the car, but when they repossessed your car because you were refusing to repay your loan.
The date also could have been reset when they sold the debt, as you now owe a different company, the one doing the garnishing. The bank will not have records, they are not garnishing you, they sold the debt for a small amount to the collector. I am guessing the bank tried to collect form you as long as they could and then sold the debt right before their deadline.
Since you obviously borrowed the money and bought a car with it why not just pay it off and get it over with? It is not like they are trying to steal from you are anything, you had the money in question. |
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Sgt Big Red
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First of all, this company is one of the worst collection agencies around. I would first of all ask your payroll dept for a copy of the writ of judgment. Make sure it is a "legal" document. You should have been served a summons from the court. If you were not duly served, then in order to have a default judgment overturned, you'll need to prove that the judgment was granted without you being given due process. This generally means you were not able to appear in court for various reasons and therefore, not able to properly defend yourself. Obtain a copy of ALL court documents concerning the default judgment and look them over for any mistakes. Pay close attention to address, notification procedures, dates and names.
If you can prove that you were not properly notified or that some emergency prevented you from appearing in court, request a rehearing also called a motion to vacate judgment.
If you receive a notice that a default judgment has been issued against you, and you were not aware of the court date, immediately go to the court and request copies of all the paperwork. Look for any mistake or misinformation such as an old or wrong address. If you find something wrong contact an attorney and ask for a rehearing. If you can show that you were not given due process, the judge might just overturn the judgment and then require the collector to file the case properly. Even better is if the debt has expired and you mention the expired statute of limitations, the judge might even dismiss the case
Here is a link to get help fighting them. Here you will see how they are known to cheat and lie to win court cases
http://www.budhibbs.com/debtcollectorpages/unifund_group_corp.htm
Depending upon your state, the SOL varies from 3 to 15 years.
Use this link to check your state SOL
http://www.bcsalliance.com/statute_of_limitations_on_debt.html
If it is "time barred" (beyond the state SOL) then there is no way for them to get a legal "writ of garnishment" and there are even some states that prohibit garnishment of wages.
information
Unifund Group Corp.
"Unifund CCR Partners”
"Unifund CCR Partners, G.P."
Aka National Check Bureau, Inc.
10625 Techwoods Cir
Cincinnati, Ohio 45242
Phone: 888-384-8134 or 513-489-8877
Fax: 513-489-1875 or 513-489-7511
If you can prove and win your appeal, then you may file suit against them under the FDCPA. Hire an attorney and go after them!!!
Hope this answers your question
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice. |
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Studly
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Lots of bad answers here....I won't even try fixing Landlords answer, but I wish he would do some research.
OK, where to start.
The statute of limitations on car loans is a bit longer then credit card debts, as it will be considered a written contract. So your first job is to locate the records for this debt. When was the car repo'd exactly?
Next, you need to get back into court and get this judgment overturned. The problem is that the plaintiff claims you were notified of the court date and you ignored the summons/complaint. If you were properly "served" there is no way the court will do this case over again...you defaulted and you lost. Therefore, if you were legally "served" you are going to be in an uphill battle.
If you never knew about this judgment and was never notified, you need to find out exactly how the claim you were served. Run down to the court and get a copy of your court records. In it, you will find a "proof of service" statement that says how you were served. You need to do some research on your court rules (you didn't mention what state you live in) to find out if you were properly notified.
If you think you can contest the service, AND you think the SOL ran out, then you have a good chance to fight this.
Contact me if you need more help....I've helped a lot of folks through this very problem. I am not a lawyer or credit counselor, so take my info for what it's worth. |
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Crazyjester9
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Studly gave you probably the best info you're going to get on this. I'd just like to mention that a repo voids the original contract, so the SOL for claiming a deficency is 4 years per the UCC. This starts from the date the vehicle was sold creating the deficency.
Good luck fighting this. |
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echo
 |
Sgt Big Red and Studly gave excellent answers on how to deal with this if you were sewer served.
The repo deficiency does not fall under written SOL statutes and crazyjester is "absolutely correct" in what he posted about the repo deficiency SOL. |
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Doctor Deth
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how could they get a judgment against you if you didn't go to court regarding the matter? |
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Just M
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This situation is sad . I like to know how do you know if it's a third party debt collector?
I never heard of Unifund . |
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Judy
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I am dealing with credit card problems as well and been doing a lot of research. Each state has its own statue of limitations on debt and how they can garnish wages from that particular debt. The length of time it stays on your credit report is different from the time they have to pass a judgement against you.
I have a pasted a website below that someone else gave me when I asked a similar question and it showed me some answers. Choose the state where the card was issued and where you are currently living. The creditor has the right to choose the state laws they want to abide by - it will be the one that has a longer statue of limitiation (or higher wage garnishment).
Follow up on this. Check out the "open" credit and see what the time frame is. It is based on the last day or payment to that company + 6 months + the amount of time listed for open credit for that state. If you never had a B of A then you really need to follow up on this! You should be able to beat this thing. They are required to send you a letter stating that a judgement has been made against you. I would check out the "one time free consulatation" with debt lawyers as well. |
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Byakuya
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there are a lot of scams going around like this.. don't trust any 3rd party debt collectors.. tell them you want to deal with the source of the alleged debt.. |
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Bardy
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It is possibly a scam, call their bluff and tell them to get lost. |
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rebeccaz
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My ex-husband had a friend say he served me. He filed papers and changed child support orders. 4 years later I try to get what he owes me and discover there is a judgment in the file. States we agreed on it. I never received anything and now instead of him owing me 20,000 I owe him. Liked Studly's comments how do I contact? |
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