I owe two thousand dollars from a credit card I had about 6-7 years ago. A collection agency called me and said they were going to serve me a summons at work and possibly put a lien on my vehicle if I don't pay. They offered to settle for one thousand. I don't own my vehicle. Can they do that?
Also, this debt is from another state (CA). I have never disputed owing the debt or the amount owed. I just want them to not call me at work or show up with a summons at work. That wouldn't be good. Thanks for the advice. I'll look into speaking with a consumer lawyer nearby.
Personal Injury Lawyer
I am a lawyer practicing in New York and Colorado, and do not practice in Texas. However, I do know that there are many issues raised in you e-mail. If they have never sued you on this claimed debt, you should first find out the applicable statute of limitations. They may have waited to long to sue you. Six years is a typical statute of limitations for these claims in NY. Secondly, they can not put a lien on anything, uness they sue you and win by default or otherwise. If they win and get a judgemnent, they would not be able to file a lien on anything you do not own. Lastly, the Fair Debt Collection Act aplies to the calls they make to you, and it would appear that they may be violationg the law in making a threat of a lien on your leased vehicle, especially if the stateute of limitations has expired. They appear to be making a last ditch effort to threaten or scare some money out of you on an old debt. (Did you ever dispute the amount owed?) I recomend you speak to a lawyer in your area who does consumer debt or bankruptcy matters, and find out what the statute of limitations is. If it has expired, or if you have any other basis to dispute the debt, do so. if you can afford to have the lawyer do so it would be more effective, and he may be able to better advise you of the other issues I have raised. Also, if you hire a lawyer to write the letter, he can demand that they refrain from calling you in the future on this matter. All communications must then be through your counsel, and unwarranted, improper and baseles threats will no longer be made.)
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Debt / Lending Agreements Lawyer
I am licensed in Texas. No one can get a lien against your personal vehicle except the company that financed the car and the IRS. Also, the statute of limitations is passed. Consider a counterclaim if you are sued. Settlement is probably not in your best interest.
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