I received a letter from a supposed law firm Whipple Law out of south Carolina with a debt collector name at the bottom. They are are threatening to sue if I don't call and make payment arangments on a very old debt I haven't seen in forever. I looked over my credit report and it says this was closed and charged off a long time ago and is not showing under my collections section. Shouldn't it be if its supposedly in collections? I head about a lot of these debt collector scams and just don't want to be taken.
You can ask the law firm to provide verification of the debt (that they own it, that you owe it, and how much was owed). Depending on the Statute of Limitations for the debt in WV (which may be as much as 10 years, based on my cursory research), you may still be sued. Until the statute runs, they can continue to collect. The debt as reported on your credit report has no real impact or control over whether the debt is valid and whether they can still collect.
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Yes. A person can be sued for charged-off debt that does not appear as a collection on a credit report. This happens frequently. If it's a "very old debt", you need to determine whether it's beyond the applicable statute of limitations for bringing suit on such debt. And if so, you may assert that as a defense if you are sued. Since this matter is being collected by a law firm, it may be in your best interest to retain a lawyer to advise and represent you.
Mark this answer as "Helpful" or "Best Answer" if you like it. For more info visit www.GoldenbergFirm.com. This is not legal advice. Seek a consultation with an attorney in your jurisdiction. An attorney/client relationship is not sought or formed by the participation in this website. I am licensed to practice law in New York and New Jersey.
The charge off is just an accounting status, and they can even sue on a debt that is after the statute of limitations has run out (technically it's a defense you present so they are still allowed to sue). What they are doing sounds suspicious, but if they used a letter, they are at least trying to follow the law. I would certainly google the law firm to see how legitimate they are, and anything you do should be in writing. You want to find out info on the debt and when it went into default. If it is beyond the statute of limitations, you may be able to convince them to go away. You would also want to follow up with the original creditor.
The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.
If the debt is beyond the applicable stature of limitations, the collection letter itself may be a violation of state and/or federal law. A common trick is to get you to make a payment to refresh the debt and restart the statute of limitations.
If you can fax the letter or email (even if you just take picture of the letter) I can review for you. Have there been any other collection activities?
[email protected] or 866-417-8796 (fax).
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