Question about debt from 2001?

I will be glad to help.

First off, Disability CANNOT be garnished or taken. They will try to scare you into paying and if you know your rights, it will not work.

OK from the top. For the statute of limitations, they are both the same for MA and NY which is 6 years. When was the last time you made a payment on this phone bill?

Your income is exempt but assets are always for the taken if they are not exempt. Would you mind telling me what kind of car you have? The amount for a car in your state is $2,400 which means that if the car is worth less than that then it is exempt. If that's the case you are execution proof but we will look into it to be sure.

Last thing, after he made the threat of paying the amount over the phone or if you didn't they would sue you, what did you say?

I am just trying to line everything up for you. If they threaten legal action and never take it, they can be sued themselves and it could put some cash in your pocket. It does help to have as many violations as you can when and if you sue them.

Don't feel overwhelmed, you came to the right place to deal with jerk of a company. They probably know the debt is time barred so they threaten people into paying on a debt they don't have to. Good for you for sticking up for yourself. I will be back later on today and tonight.

Wow, I actually feel like I can breath again...

He is going to call back tonight, since I would not commit to anything last night when he demanded the $400. So I am trying to get information for when he does call...

The car my dad bought for me (and his grandson) is a 2007 Ford Focus. So it is worth more than $2400. So I am really worried about that. Should I have the title transfered so they cannot take it?

I have not made a payment on that bill since 2001. Which is why I am wondering how this guy can threaten me? He said, "Are you telling me you refuse to make payments on this? We will sue you and you will have to pay or we will take assets..." To be completely blunt, I live in a small place with my son, I am considered "poverty level" and the only asset I own is the car my dad gave us for Christmas. After I pay our bills and budget for food, I have maybe $100 left, which I put into a savings account for my son.

I hope this information helps. I honestly and genuinely appreciate this information. I am so scared. BTW - I signed up here but cannot login (which is why I am showing up as a guest).

Thank you again Sir. I very very much appreciate it.

Patti

You have nothing to worry about on this then. It has been more than 6 years so they can't sue you. The next time they call tell them the alleged debt is time barred and the statute of limitations, which is 6 years has passed, same in both MA and NY.

Tell them if they continue to threaten a lawsuit, you will be contacting an attorney and you will sue them for violations of the fair debt collection practices act. 15 USC 1692e, you can look up the laws and read it off to them if you want, that is always fun.

If they continue to argue, tell them they have 5 days to send you something in writing giving you the 30 day right to dispute the alleged debt. Most likely they won't. Stay as calm as possible and if they get too abusive, hang up. If they get too annoying, send a cease and desist letter which I can also help with.

Also you should check your credit reports and if you find them on there, there is a list of things to do to catch them breaking the law.

Lastly, are you late on other bills as well? That is about the only reason you should put the car in someone's name other than yours. I would not do it for this one jerk though.

Any other questions, feel free to ask.

Hello again:

Thank you, again, for the information and quick response. I am actually current on all debts (except those from 2001, when I was married to the man who maxed out all my cards), so no payments have been made or anything else since then.

I now have 3 credit cards with very low limits which I use sporadically to try and "help" my crappy credit. Is it worth paying to find out my credit history? Do you know a reputable website where I can find out about this?

Again, I appreciate all the information you have given me, and also for giving me some much needed peace of mind. When the "gentleman" (and I do use the term sarcastically) from JD Enterprises calls me tonight, I have bookmarked fair debt collection practices act. 15 USC 1692e and am ready to do some reading to him =).

Again, thank you for this. I am still concerned about the car but I figured if its just this creep then I don't need to get my dad upset.

Patti

They have already violated the FDCPA by misrepresenting the legal status of the debt. If you have the ability to record the calls, do so. Also, you stated you lived in NY, do you reside in NYC or Buffalo by chance? NY required debt collectors to licensed to collect only in NYC and Buffalo

I live in the Capital Region of NY (Saratoga, at the foot of the Adirondacks). I cannot record the call, but I can let it go to voicemail and I am sure this man will leave a message ("Mr, Hernandez... funny, it seems ALL collectors are a Ms. or Mr. Hernandez).

I will most definitely let you know about this. I am glad I asked, as another collector sent me a threatening letter about a debt from 1999... I am safely guessing that one is not something I can be threatened with as well?

As I said, I am far from a deadbeat. Its just impossible on the income I get from disability (and a child to boot) to make good on those old debts (which were mainly due to my estranged husband). Anyhow, thank you again. This place is *awesome*!!!

Patti

Yes as long as the debts are older than the SOL they cannot sue you.

Are you looking for a place to get your free credit reports? If so go here and do one at a time only. If you check off all 3 at once, I think Equifax only lets you view it that one time.

https://www.annualcreditreport.com/cra/index.jsp

Thank you again PT (the spam filter won't let me post with your name because of the P word) =)!!! You have no idea how much all this means to me! Oddly enough, Mr. Hernandez did not call me last night. Go figure....

Thank you again, and thank you also Nascar Devil. This place is so helpful and awesome. I very much appreciate it.

Patti

I had a phone call today from J.D. Enterprises threatening to file a civil law suite if I fail to pay a 2006 pay day advance loan. After 6 phone calls he made to me this evening alone and trying to talk to him about a possible $5 per month payment (being low income) he refused. I mentioned I was recording this for my own records and he refused to talk to me anymore and hung up. Is this place legit? What should I do?