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

Asked about 1 year ago - 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. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  2. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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,... more
  3. Paula Brown Sinclair

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.
  4. Tregg Robert Lunn

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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. David Eugene Mullis

    Contributor Level 9

    Answered . 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... more

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