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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34244
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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In 21015 I received a phone call from eeom a sears credit

Customer Question

In 21015 I received a phone call from eeom a sears credit co. They told me that I OWED $1000.00 FROM AN ACCOUNT IN 1982... IF I HAD AN ACCOUNT I DON'T REMEMBER. I HAD BEEN MARRIED THEN AND WHEN OUR HOUSE WAS SOLD SEARS WAS SUPPOSED TO BE PAID OFF. ANYWAY THEY TOLD ME IF I PAID 250.00 THAT IT WOULD BE SATISFIED. WELL I GAVE THEM MY DEBIT CARD # ***** THOUGHT THAT WAS IT. NOW I SAW ON MY BANK STATEMENT THAT 100.00 WAS TAKEN OUT OF MY ACCOUNT FROM SEARS CREDIT CO. MY BANK TOLD ME THAT IT WASTAKEN OUT BY A CREDIT CO. THEY GAVE ME A NUMBER TO CALL AND I CALLED. THEY TOLD ME THAT THE ACCOUNT WAS GIVEN TO A THIRD PARTY. THE THIRD PARTY WAS SOME FINACIAL CO. SO I TRIED TO CALL THEM AND GOT NOE ANSWER. SO THIS AM I GOT A CALL FROM A MAN FROM LEGAL RECOVERY, SAYING I TALKED TO HIM BACK IN MARCH AND GAVE PERMISSION FOR THEM TO TAKE OUT THE MONEY. I SAID I DON'T REMEMBE . AND TRIED TO GET MORE INFO. AND HE THREATENED ME AND SAID NOW HE WAS SENDING IT TO SOMEONE IN DE(WHERE I CURRENTLY LIVE) ND NOW I HAVE A 3,000.00 bill to pay... IS THIS ALL LEGAL?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If the account was that old, then is was long past the time that the creditor could collect on it and they knew it. But when you gave them a payment, that resets the statute of limitations back to zero and "revives" the debt so that they can now try and pursue collection.

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So at this time, your best recourse is to cut off any communications with them and then see if they are willing to spend the money to hire an attorney to file suit for this small of a debt. My bet is that they won't because it simply isn't worth the time and money to pursue. They will try to call and harass you but you can tell them that they are violating the Fair Debt Collection Practices Act and you are going to file a formal complaint with the Federal Trade Commission for their harassment.

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thanks

Barrister

Customer: replied 6 months ago.
What should I do if they take more money from my checking account?
Customer: replied 6 months ago.
is $3000.00 still a small amt.?
Customer: replied 6 months ago.
Please answer last questions..
Expert:  Barrister replied 6 months ago.

What should I do if they take more money from my checking account?

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I would suggest you contact the bank and block any access for them to auto debit any more money. The bank can stop them from removing any further money.

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And /is $3000.00 still a small amt.?

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Yes, when it costs that much to hire an attorney up front to sue you, that is not a large sum of money and not worth paying an attorney to try to sue you.

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thanks

Barrister

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