Contacted about a debt we are paying - car repo
Date: Wed, 06/25/2008 - 17:31
About 9 years ago, my husband went to court over a debt that he owed (car repo). A judge ruled on the amount that he owed and gave a $ amount that he was to pay each month to a law firm.
For the past 8 1/2 years we have been paying each and every month. We just received a letter from another law firm that said that they are now handling the debt, and they want their $. The letter states that the other firm is no longer authorized to act on behalf of the company that we owe the money to.
My questions are:
1. Does this mean that the debt was sold?
2. Does the judgement from 8+ years ago still apply?
3. How do we know that this is valid and firm #1 is no longer expecting our payment? (the letter we received from firm #2 was dated a month ago, but firm #1 still cashed this month's check).
We don't want to make waves.
4. We would like to offer a sum of money to settle the debt, but how can we be assured that it will really be settled and they will not come after us again?
Thank you for any advice!
My questions are: 1. Does this mean that the debt was sold?
My questions are:
1. Does this mean that the debt was sold?
Judgements are sold just like debts so it is possible
2. Does the judgement from 8+ years ago still apply?
The length of time a judgement can be enforced is state law. In TX, it's 10 years and renewable for another 10. What state do you live in?
3. How do we know that this is valid and firm #1 is no longer expecting our payment? (the letter we received from firm #2 was dated a month ago, but firm #1 still cashed this month's check).
We don't want to make waves.
DV the new judgement creditor. They should provide you a copy of the judgement and will likely provide you with a copy of the assignment from the original creditor
4. We would like to offer a sum of money to settle the debt, but how can we be assured that it will really be settled and they will not come after us again?
If the judegement creditor agrees to the settlement, get it in writing that they will record the judgement as satisfied in full with the court of record
Nascar has given great answers to your questions. Please verify
Nascar has given great answers to your questions. Please verify the debt before you offer to pay anything, you can never be to safe nowadays.
We live in New Hampshire. Thank you so much for your answers!
We live in New Hampshire.
Thank you so much for your answers!
Ouch.....NH has a 20 year judgement law: NEW HAMPSHIRE STATE
Ouch.....NH has a 20 year judgement law:
NEW HAMPSHIRE STATE LAWS
http://www.lawdog.com/states/nh/sta9.htm
INTEREST RATE:
JUDGMENT 6.5%
STATUTES OF LIMITATIONS (IN YEARS)
OPEN ACCT: 3
FOR GOODS: 4
WRITTEN CONTRACT: 3
DOMESTIC JUDGMENT: 20
FOREIGN JUDGMENT: 20
BAD CHECK LAWS (CIVIL PENALTY)
AMOUNT DUE, INTEREST, COURT COSTS, REASONABLE COSTS OF COLLECTION & $10.00 PER DAY (MAX. $500)
GENERAL GARNISHMENT EXEMPTIONS
50X FED. MIN. HOURLY WAGE - ALL FUTURE WAGES ARE EXEMPT SO THAT THE COURT CANNOT ISSUE AN ONGOING ORDER.
COLLECTION AGENCY BOND & LICENSES
BOND: NO
LICENSE OR REGISTRATION: NO
UCC CODE
http://www.lawdog.com/states/nh/sta9.htm
RETAIL INSTALLMENT ACT
http://www.lawdog.com/states/nh/sta9.htm
New Hampshire includes OC's in their fdcpa
The State Act and the FDCPA provide nearly parallel protections for consumers. The most important difference between the two laws is that the State Act applies to creditors collecting debts owed to them in their regular course of business, while FDCPA generally does not.
Under the State Act, a debt collector is: any person who by direct or indirect action, conduct or practice enforces or attempts to enforce a debt owed ... as a result of a consumer credit transaction. This definition applies equally to:
creditors attempting to collect on debts owed directly to them;
collection agencies attempting to collect on behalf of creditors for a fee or commission;
factors (companies purchasing or accepting an assignment of delinquent accounts receivable from creditors, usually at a discount, and then initiating collection actions against consumers on their own behalf); and
repossession companies specializing in seizing property owned by consumers but subject to security interests (???????repo companies??????? typically specialize in seizing financed cars from consumers who default on car loans).
20 years omg :oops: that is a long time, that is shocking I hav
20 years omg :oops: that is a long time, that is shocking I have never heard of 20 years, 10 years yes, but 20 never.