Re: SOL/Credit Card/13 years old

Posted by Linda on October 25, 2001 at 18:04:30:

In Reply to: Re: SOL/Credit Card/13 years old posted by Out of the Blue on October 25, 2001 at 14:07:59:

It is possible to get judgments by default - that means that they served you with a warrant in debt (or whatever they call it there) and you did not show up in court, so they won. But, from what you are saying it doesn't sound like there is a judgment. You can contact the court nearest where you used to live and ask them if there is any record of a judgment against you - just to put your mind at rest. It can usually be done over the phone - court cases are public records, so anyone can call up and ask.

If he was not authorized to use the account, and did anyway, and you closed the account, then, really you are not liable for this, the credit card company that allowed the charges on a closed account is liable for them (they do that).

Send these clowns a letter telling them the account was closed when you left the state, the situation is fraudulent, you have no intention of paying them anything, and never to contact you about this again.

This would be calling their bluff. My best guess is this debt is out of statute. So you are telling them, in effect "sue me or go away and leave me alone." If this is on your credit reports you actually can sue them - they are violating the law by reporting a debt this old.

Just get their mailing address so you can send the letter. You can get sample letters at http://mix6.com/credit just scroll way down on the page and you will see the letters. There's good advice there also. Send the letter certified, return receipt requested. and keep the receipt!!!

If anything wierd happens, you can email me, but I don't think you have anything to worry about.

Just remember, don't talk to them, and whatever you do, don't promise to pay them anything. If they give you a hard time, tell them from that point on you are going to record the phone call, because they are breaking the law (even if you don't have a tape recorder), and then ask for their address - if they're still on the phone. Also, after being mean doesn't work, a collector may try being nice and understanding - don't let that fool you - it's a tactic, designed to get your money.

Linda

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