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Law Tutor, Esq
Law Tutor, Esq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 165
Experience:  N/A
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I have a question. I have an old credit card debt that went

Customer Question

hello?
JA: Hello. How can we be of help?
Customer: I have a question. I have an old credit card debt that went to collections back in 2006 in colorado. I recently started making payments via a payment agreement with the debt collector. However, I recently found out from my roommate that someone came to our apt looking for me regarding a debt from colorado. what can i expect this to be?
JA: What state is this in? And when did the issue begin?
Customer: originally in colorado in 2006, i now live in washington state
JA: Has anything been filed or reported?
Customer: to who, the credit reports?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Tutor, Esq replied 11 months ago.

Welcome to JustAnswer (“JA”)! I look forward to assisting you today.

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Expert:  Law Tutor, Esq replied 11 months ago.

Although it is unusual for a creditor to come to your door to collect money, it is not unheard of. Normally they will use the "annoying phone call" route; however, when that doesn't work, they may come to your door. It is risky for them to come to your door, however, because they may inadvertently violate the Fair Debt Collections Practices Act (FDCPA). If they come to your door, they cannot let anyone else (other than you) know that they are looking for you to try to collect a debt. Otherwise they may be violating the FDCPA. So they must confirm your identity before saying that he is a debt collector. You may want to send the creditor a cease and desist letter by regular and certified mail return receipt requested. After they receive it, they will probably stop coming to your apartment. As an aside, if the debt was from 2006, it was probably beyond the statute of limitations. The Statute of Limitations is 6 years for credit card debt in Colorado from the first delinquency or the last activity on the account, whichever took place last. The problem is that you recently started making payments on the account so that probably would not be a valid defense at this point. Here is a sample cease and desist letter to send to the creditor/bill collector. I hope this helps.

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Expert:  Law Tutor, Esq replied 11 months ago.

Please let me know if this answers your question.

Customer: replied 11 months ago.
If I have been making recent and on time payments, is there any way they can sue or garnish my wages?
Expert:  Law Tutor, Esq replied 11 months ago.

That is the problem. According to the statute of limitations (SOL), if the last payment that you made to them was more than 6 years ago, they could not sue you in court and garnish you, but they could still keep up with collection activities outside of court. However, you indicated that you recently started making payments, so now the 6 years will start from the date your last payment was made, so now they can sue in court. Of course, it doesn't mean that they will file anything in court, now that you have made payment arrangements with them. I hope things work out for you. If you don't require anything further, please don't forget to rate me 5 stars so that I may receive credit from the site for helping you. Take care!