printed out a copy of my credit report from Experian and it advises that I have no bankruptcy or judgments on rec ord. What can I do about this creditor? Want to pay them off but cannot afford the monthly payment they want. Now that I know there is no judgment what can I do?
Family Law Attorney
If you have an address for them send them a Fair Debt Collection Practices letter demanding that they send you proof of the debt. There are a lot of predatory folks out there and they may not even be telling you the truth. If there is a debt, there are procedures to protect you from unfair collection practices.
This is a link to a consumer pamphlet about the federal law. Florida also has consumer protection laws. Here is a link to the AG's office information on Florida protections:
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Chapter 7 Bankruptcy Attorney
Ms. Morcroft is absolutely correct. First, you need to verify the accuracy of the information. Use of the Fair Debt Collection Practices Act will do this. Keep in mind that there are a lot of schemes to defraud people. Also, by alleging a judgment, which can be valid for up to 20 years in the state of Florida, they may be trying to avoid your asserting or believing that the statute of limitations has passed (You stated it was an old debt). Check the public records of Duval County to see if there is a judgment in the county of your residence. (Although it may have been received elsewhere)
If there is a judgment, see a qualified attorney to determine that they obtained the judgment properly within the rule of the state with jurisdiction.
The response given is general in nature and based upon limited information. It does not and cannot replace that of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.
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