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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 47024
Experience:  32 years of experience practicing law and a businessman.
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I have a 3K collection account for a car that was repossessed

Customer Question

I have a 3K collection account for a car that was repossessed in 2003. The car loan was in my name, however it was given to my exhusband in our divorce. He assumed the payments for 3 years paying perfect and then when he lost his job the car was reposseed. Citifiancial was the original creditor. I have been harrassed for the past 10 years over this bad debt and want to know: Can I still be sued for this by a debt collector who has purchased this debt or by Citifinancial? How can I stop these people from re-selling over and over again and harrassing my family and friends? I offered 300.00 to the most current holder and they said no. They want 1K or they will seek judgement and collect via 1099 or something? Please help!
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. You have no further liability for this debt because you are beyond the statute of limitations. Pursuant to N.C. Gen. Stat. § 1-46 et. seq., the statute of limitations on a promissory note is 5 years. The debt collector, given that they can show adequate ownership of this outstanding debt, could file suit, but would not prevail because you have an absolute defense based on the statute of limitations. You want to make sure to not send them any money as any payment will serve to start the 5 year period over again. You can stop their harassment of you because it violates Federal law. You would stop this by sending them a certified, return receipt requested letter explaining the statute of limitations has run, that as a result you no longer owe this debt, and demand they immediately cease and desist all further efforts to contact you and/or anyone else to collect this debt. Inform them that any efforts to do otherwise will constitute a violation of the Fair Debt Collection Practices Act and that you will report each and every violation to the Federal Trade Commission. Each violation carries at least a $1,000 fine, so that should be the end of things for you.



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Customer: replied 1 year ago.


HI there. I am not sure you received my follow up question. I appreciate the information above, however was wanting to know if there is a way to stop this current debt collector from re-selling my information to another agency? This has been going on for 10 years and I just want the process to stop. Any suggestions on how I can do this? I am not sure the current collector will give me their mailing address as I asked with no response and the letter they sent doesn't have it as well.

Expert:  Richard replied 1 year ago.
Thanks so much for following up. I had not received your follow up so I so appreciate you checking back. I apologize for any delay. Yes, in your letter let them know if they resell your information and represent that you owe this debt in any way that you will file a defamation suit against them and seek both actual and punitive damages. That is generally all you need to do to get them to drop the matter entirely.
Richard, Attorney
Category: Business Law
Satisfied Customers: 47024
Experience: 32 years of experience practicing law and a businessman.
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Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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