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My daughter just recieved a call from a collection agency saying she owes 3200 dollars from a credit card back in 2002.

Las Vegas, NV |

she does not think she ever had such a card but they are threatening to garnish her wages if she does not pay by this friday. If she did have the card she would have opened the account in nevada, she now lives in texas which has a no garishment rule. Would they still be able to garnish her wages? Don't they have to send her a notice of validation first before they do anything? Wouldn't there be a staute of limitations on something that old even if iit did exist? Thanks for your advise.

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Filed under: Credit Debt
Attorney answers 3

Best Answer
Posted

Ms. Bunce and Mr. Bollinger are correct, especially if this ever was a legitimate debt. Your description is strongly suspicious for scam. Your daughter is entitled to important protections under the federal Fair Debt Collection Practices Act (FDCPA), the first of which is disclosure by the creditor that there are rights under the Act. Next, there is the right to demand written verification of the debt, which you daughter should do without delay. Throughout, she should collect all the contact information she can manage, so when she meets with a consumer-rights attorney pursuing the FDCPA violations (which pay damaged and attorney's fees) will be possible.

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.

Posted

I would suggest that your daughter pull her credit report to determine whether or not this debt appears anywhere, or if there is a court judgment already against her. While a credit report is not a legal document, it can provide you with clues about the debt. In Nevada, the SOL is 4 years on the debt, so a debt this old, provided that she hasn't paid since then, and would be legally defensible from collection. Your daughter should also write to the collector to ask them to validate the debt. Under no circumstances should she pay them one cent or promise to pay until she is certain she owes the debt & that the creditor could legally collect. Everyone has the right to a free annual credit report from each of the 3 credit bureaus and the link to order the reports is below. Hope this perspective helps!

Posted

You wrote, "she does not think she ever had such a card but they are threatening to garnish her wages if she does not pay by this friday."

A: A garnishment can occur only if they have a judgment: a Credit report would show, in the "Public records" section, if a judgment has been entered.
As Attorney Bunce suggested: get a credit report.

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