Re: My Mom's Situation - Help

Posted by J Kelly (151.197.46.2) on May 11, 2004 at 20:02:40:

In Reply to: Re: My Mom's Situation - Help posted by Jason on May 11, 2004 at 19:45:59:

First if this is a garbage debt collector, then the account is SOL. What state are you in and when was the last time she paid the original creditor before the account became deliquent.
I would not trust the bank to stop auto payments, don't think they can anyway. Best bet is to close the account and open a new account at a different bank (if she wants to play it safe) Just so much easier to get a new bank account than it is to try to recover money and fix the mess with the bank if they seize or raid the account. If they sue in Florida, and they can validate (but if they are a garbage CA who buys old bad debts - they can't validate anything)and she is within the SOL for Florida (4 years) and she has assets which they can seize, yes she pays or files bk. A LOT OF IFS THOUGH. Lastly, there is a lot of psychology in debt collection, so they will lie and they will threaten, but if they can't actually collect on a judgement, they most likely will not file suit. I am not a professional, but this is based on my experience.

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