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Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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i had a discover credit card debt of appr. 10,000 dollars.

Resolved Question:

i had a discover credit card debt of appr. 10,000 dollars. lost my job spoke with discover about my situation, divorced paying child support barely staying out of jail because of child support. they said they would write it off. this was in 2000 or 2001. i had not heard another word from them until a couple weeks ago i received a letter from a law office stating they were representing discover. they called me last week said they trying to collect a debt for discover for 11,000 and some thing. my exact words to them were the only debt i had with discover was from 2000 or 2001 and was past statute of limitations in missouri and hung up. they are trying to contact me several times a day. what can they legally do and what should i do.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 7 years ago.
These are aggressive debt collectors who buy old debt accounts and actively pursue consumers to collect the debt, even though the statute of limitations has past.

This is a violation of the Fair Debt Collections Practices Act. Some creditors even lie and say that the statute of limitations starts from the day that they purchased the debt account. If it is a law firm, get their address and tell them you will report their firm to the bar.

1. Do not send in a payment

Doing so, will make your delinquency look recent. It will also give the debt collectors the idea that you are an easy target and they may attack you on other fronts.

Keep an eye on your credit report to make sure that they are not reporting negative information about you. Your old debt account should not be reflected on your credit report since the statute of limitations is past.

If you find that they are reporting the information, take corrective action immediately and fix any errors.

Also contact a consumer lawyer they will sue for large damages.

The Fair Debt Collection Practices Act indicates that there are certain things that creditors cannot do in their attempt to collect debt.

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