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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have been contacted by a collection company about an old

Customer Question

I have been contacted by a collection company about an old debt, i.e. 2000-2002 timeframe. I don't deny the debt is mine, however do I have any defense in that a statute of limitations has passed?.
The debt was either unsecured or secured loan made in Kentucky. Since 2001, I have lived in Pennsylvania. They have offered a reduce settlement but I have not committed to it. I simply mentioned by phone that I would need more information on the debt.
Any advice is appreciated.
Thanks.
Submitted: 10 months ago.
Category: Legal
Expert:  Zachary replied 10 months ago.
Hi,

Thank you for your question.

When was the last time you made a payment on this debt? You say that the loan may have been secured? Do you have any more details on this debt, or is it something that you lost track with and need the information from the debt collector?
Customer: replied 10 months ago.


According to the collection guy (Northland Group) I spoke to the original creditor is AmeriCredit, now apparently known as Springleaf Financial Services. If that's the case, I believe this then to be some kind of balance owed on a repossessed auto from 10-12 years ago. (They are telling me the balance owed is 2539.60). I haven't done anything on this in many years, possibly as many as 11 years. As I recall, the last time I may have spoken to them is when I asked them to produce documentation as to what the car resold for to validate my balance owed. I received nothing. I haven't been contacted on this ever since until now. By the way, this debt does not show up on my credit report. Thanks for your help.

Expert:  Zachary replied 10 months ago.
Thank you for your response.

This debt is indeed far past the statute of limitations. It is also too old to list on your credit report. Accordingly, they cannot force the collection in the courts. This does not mean they cannot continue to try to collect from you. It simply means they cannot sue you for the debt.

However, they are limited by the Fair Debt Collection Practices Act. What I would do in your shoes is:

1. Tell them that you want them to send you all the information they have on the debt in writing because you do not believe you owe anything on the debt.

2. Obtain their mailing address.

3. Send a certified letter stating that you are not going to acknowledge the debt and demand that they immediately stop all collection efforts pursuant to the FDCPA.

If they do not comply with your request, you can sue them for penalties under the FDCPA.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 15 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


Thanks for your expert help.

Expert:  Zachary replied 10 months ago.
My pleasure. Good Luck
Expert:  Zachary replied 10 months ago.
Hi,

I wanted to follow up with you regarding your debt collection legal issue. Were you able to obtain the mailing address from the debt collector?

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