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Richard, Attorney
Category: Legal
Satisfied Customers: 53668
Experience:  Attorney with 29 years of experience.
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A debt collecter called me today and said that they were

Customer Question

A debt collecter called me today and said that they were calling about a old credit card I had that was never payed. They said that it's about to go to court do I want to resolve it before it goes. I think it's a scam, but they say that it is K&M Litigation. What do you think I should do?
JA: What state is this in? And when did the issue begin?
Customer: Maryland and today is the first time I've heard from them
JA: Have you consulted a lawyer yet?
Customer: No, I want to resolve it before court but I'm not sure if it's a scam.
JA: Is there anything else important you think the Lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  Richard replied 4 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 4 months ago.

This is going to be a scam for sure. For your information, even if there was such a debt, the statute of limitations in Maryland is 3 years so if this is an old debt, you would be beyond the statute of limitations in all likelihood anyways. What you want to do is send them a certified, return receipt requested letter explaining you do not 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. Also let them know that should they file any negative credit report, you will be filing a defamation suit against them for both your actual and punitive damages. In my experience, the fine under the Federal Act and the threat of the defamation should be an end to these collection efforts.

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