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Collection agency

Date: Fri, 01/07/2011 - 00:37

Submitted by Evelyn Demanuele
on Fri, 01/07/2011 - 00:37

Posts: Credits: [Donate]

Total Replies: 5


A creditor called my sister and claimed that I owed more than $10,000 and if I didn't pay I would be arrested. How do I find out who he is and what to do from here. The debt is from 12 years ago when I lived in the states and I no longer live in the states.


I left America 12 years ago and now a creditor has phoned my sister in Texas demanding that I pay $10,000 or a warrant will be issued for my arrest. I have no intention of living in the US again, but I do have a bank account where my paycheck gets deposited monthly. What do I do?


lrhall41

Submitted by Evelyn Demanuele on Fri, 01/07/2011 - 00:50

( Posts: | Credits: )


Hi!
Welcome to the forums!
Please don't create multiple threads. Admin has merged your posts as of now. It gets difficult to manage them. Anyway, coming back to your question, I think you should ask the collection agency to validate the debt. If they can't validate the debt, then send a cease and desist letter to the collection agency. By federal law, the collection agencies can't threaten consumers when collecting debts. So, this particular agency has violated the FDCPA law. You can take legal action against them. The SOL period in Texas is 4 years. So, clearly the debt has expired the SOL period. Now, the collection agency can't sue you.


lrhall41

Submitted by Good Nelly on Fri, 01/07/2011 - 01:26

( Posts: 2846 | Credits: )


You've mentioned that you left America 12 years back. In such a situation, I guess the debt that you’ve mentioned here is more than 12 years old. If you haven’t paid the debt for the past 12 years, then the creditor can’t file lawsuit against you to recover his dues as the SOL period in Texas is of 4 years. The next time when the creditor calls your sister, she should inform the creditor about the SOL and ask him to not call her any further regarding the debts. Moreover, as per FDCPA, your creditor can't contact your relatives in order to recover his dues. Thus, it is illegal for the creditor to call your sister in order to recover his dues.


lrhall41

Submitted by Anna Sweeting on Fri, 01/07/2011 - 01:40

( Posts: 1827 | Credits: )


Actually, if you left the country before the states SOL had expired, the SOL would have tolled. If you were to move back to the state you left, SOL would pick up where it left off. As you have indicated you have no intention of returning to the USA, then your sister can send full caese comm's to the creditors so they no longer contact her for your debts.


lrhall41

Submitted by NASCAR_Devil on Sat, 01/08/2011 - 19:12

( Posts: 4671 | Credits: )