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I have a debt (supposedly) from 2004. I cant get them to tell me when and where it is from, just its owed. They are calling

Mcdonough, GA |

myself, and family members multiple times. I try to ask them to stop informing my family i owe a debt, but they still do. Also saying if i dont settle now they wil garnish my wages and sue me in court. i read up on some stuff, and seems this is not allowed? right or wrong? thanks

Attorney Answers 5


  1. What you are saying sounds illegal. I can help.

    http://www.atl-law.com/Handling_Creditors.html

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.


  2. This description is suspicious for scam. Gather all possible contact information, such as what phone number they are calling from, and exercise your right under the federal Fair Debt Collection Practice Act (FDCPA) to written validation of the "debt." Be aware that a debt that old may well be barred by a statute of limitations. Consult with a consumer-rights attorney in your area. Many offer free initial consultations.

    Of course, a wise consumer would never send money to someone they don't know to pay a debt they don't think they really owe.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  3. This either may be a scam, or a debt too old to collect, and the statements made, if proven, may be illegal. Please feel free to call me if you'd like an appointment to discuss details (404-768-3509).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. You should speak with a qualified consumer lawyer in your area such as Ms. Digiulo. You may have claims under the FDCPA agaisnt the collector. Beware though, it may be a scammer and if so, the chance of recovery is almost nothing.


  5. Whenever they call back, you should pump them for as much information as possible such as their companies legal name, address and phone number, the name of the person to whom you are actually speaking, who the original creditor is, what the account number is, and demand to see verification of the debt. If they give you their name and address, you can send a certified return receipt requested letter to the collector informing that they have violated the Fair Debt Collection Practices Act (FDCPA) in disclosing your information to 3rd parties and demand that they immediately cease and desist.. (The FDCPA only applies to collection agencies rather than original creditors, but this sounds like a collection agency or a scam). If you are confident that you do not owe the debt, you can also place in your certified letter that they are not to make any further contact with you or no further contact other than in writing. Once you have finished pumping them for information, inform them that until they can produce an application or a charge with your signature, you deny that you owe the debt and will not longer speak with them. Also, you need to be aware that any valid creditor or collector would have to sue you prior to the statute of limitations running and obtain a judgment before they have any right to garnish anything. If they sue you , they will have to prove all of the things you have demanded and you can defend the lawsuit.

    This answer expresses only general statements about bankruptcy and/or debt defense and does not constitute advice to you in any form and does not create an attorney client relationship between the party asking the question and the party providing the answer. Furthermore, all cases are fact specific and it is not possible to give you legal advice without a complete evaluation of your case or if you are already represented by an attorney. Therefore, this answer does not constitute legal advice of what you should do specifically in your case. You should seek local counsel to help you with your specific issues.

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