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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118776
Experience:  Attorney experienced in commercial litigation.
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Mediator old car loan, won't give me address to send

Customer Question

Mediator for some old car loan, won't give me address to send SOL. Stated account was pulled out of collection in 2010 (acct over 10 years old) and they have 10 years. Will not send any info said pay or they will sue and they just send suit info to any old address and if I don't get letter then they win judgement. I have moved from Missouri 10 years ago and am worried they will mail to that old address. they did not even ask for my current address. I have never heard that you could pull a sol from collection and restart if you have never paid every on it to restart.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, when dealing with these less than scrupulous junk debt collectors, you end up with them committing unfair and deceptive practices and violating the Fair Debt Collection Practices Act. The problem is that you cannot get an address on them and there is no address on a group of that name online, so they are likely not even giving you their correct name.
They CANNOT restart a statute of limitations, if you have not paid on the debt in over 10 years, as you state, they could not restart that SOL without a written promise from you to pay or a payment from you. If they file some lawsuit without giving you proper service and obtain a judgment, you would have to sue once you find out about the judgment and file to vacate the judgment and seek damages against them for unfair and deceptive practices as well as violations of the FDCPA.
If they call again, record the call, inform them you are recording and that they are in violation of the fair debt collection practices act and demand they give you their address to send correspondence to. If they refuse tell them you would be contacting your state attorney general as well as the federal trade commission regarding their conduct.
Other than that, the problem is that until there is an address available (as there is no record of them in any online search under that specific name) all you can do is continue to deny the debt and record your calls with them to document your case in the event they decide to further violate the law and file a lawsuit and send it to some bad address intentionally, so that you can sue them to vacate and obtain damages including your attorney's fees for their unlawful conduct. In the meantime, report them to your state attorney general and the MO attorney general and also the federal trade commission.