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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My wife received a voicemail that came from an unknown caller.

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My wife received a voicemail that came from an unknown caller. After listening to the voicemail, the caller said he was from a courier service and he was going to serve me with litigation papers either at my home or at my place of work tomorrow afternoon. He said that I should call this number and gave me the number and gave me a case number. My wife called the number and asked them what it was that they wanted. The person answered the phone call with his name, but not the name of the company. He asked her for the last four digits of my social and read them out loud to her and then asked 'is that correct'...she said it was and he proceeded to tell her what the debt was. The amount was triple the amount that I owed they said it included court fees, etc. They said who the creditor was and they said if I didn't pay they would garnish my wages and freeze my assets. The creditor said he was 'surprised that the courier gave me their number as this rarely happens'...he said that twice and she said that made her suspicious. She asked what his company was called and he said 'we are a pre-litigation agency', but did not say the name of the company. My wife asked them what county the debt was for and he put her on hold for a second and said the name of the county which was where we had resided previously....the debt was incurred in Pennsylvania, but we now live in Florida. The date of the debt they said was from 2007. I did some brief research and both in Florida and PA it said that the statute of limitations was 4 years for this type of debit. We are obviously passed that, but I don't know what my rights are, if I have any and what I should do. My wife told him that she would get a hold of me and either she or I would call him back. He said 'while you are getting a hold of him, i'll see if they will let me reduce the debt'. Please let me know what you think and thank you in advance.
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - You are correct that both FL and PA have 4 year statute of limitations laws. so if no payments or charges have been made on this debt in the past four years then you have a perfect defense to the suit, if there even is a suit. You should never, ever give out any information as to your Social Security number and you shouldn't talk to people who call without proper identification. Until or unless you are actually served with paperwork from a court you have duty to act or to talk to anyone. Having the statute of limitations on your side is great but it is a defense to a lawsuit and doesn't mean you can't be sued. So if you are served with a suit you need to file an answer and claim the defense of the statute of limitations. Whatever you do, do not make any agreements or payments otherwise the statute of limitations will start all over. For now you have to wait to see if this person was for real or just someone trying to get you to make a payment in order to get the SOL restarted. If you are served then the only thing you should do is file an answer and raise your defense. Do not get into any negotiating with the plaintiff whenever you have a good defense to the entire suit.
Customer: replied 1 year ago.

Thank you so much for your help. One thing I was also wondering was by her talking to them and telling them that she would have me or herself call back, does that in itself start the statute of limitations over again? She never agreed to an amount, she said she had a concerned voice when she was speaking with him...and by saying she was going to call back perhaps would have given him the impression that she may have been willing to pay all or some of the debt? But did she cause this to start again?

Expert:  Dave Kennett replied 1 year ago.
No. The SOL will only restart if you make a payment or sign an agreement for a payment plan or settlement. It doesn't matter what your wife said and the reason I mentioned the SSN is that sometimes these calls are scams or attempts to steal identity. So in this age of electronic theft I tell everyone to never, ever give out any information over the phone no matter who is calling.
Customer: replied 1 year ago.

Thank you for all of your help, sir, it is greatly appreciated.

Expert:  Dave Kennett replied 1 year ago.
No problem and thanks for using our service - Dave
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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