A little history of our situation. Months ago I posted on this board that we were filing for bankruptcy but my husband's debt was all very old...from 1995, 96...and he thinks that it came from his ex-wife using his card without his knowledge. At the time the interest rate on his car was 18% because his credit was terrible but the car was not going to last long so the attorney said to try and get a reasonable interest rate and a reliable car before filing. We found out that his credit had cleared up quite a bit and he bought a car at 6.7% interest rate. So I filed for bankruptcy and he did not and I am awaiting discharge. We thought that would be the best option for us. Since he bought the car CA's have slowly started to call and send letters. I have sent validation letters to the one's that have sent letters but receive no validation just the green card. Someone called today from Ohio and said that it is very important for him to call back today about a payroll issue. Now I know that in PA they cannot garnish your wages but I'm starting to worry that we did the wrong thing. If the debt is that old and probably sold several times, do they have what they need to validate or would they or could they still sue? He doesn't remember racking up any of this stuff that is on the account. Can they get to your checking account and freeze it or take money from it? It never ends. Any thoughts would be greatly appreciated. Thanks
It's possible they see a new car loan on the report and figure he's ripe for collection. It pisses them off to see the car being paid and not them. I'm not a lawyer, but I've read that they first have to get a judgement in order to go after bank accounts and wages. Each state may be different. You should ask your BK lawyer or someone in the business just to be sure of your state laws.
Have your husband check with the payroll department and see if there has been any inquiries made. Also check with your Bank. Some banks will contact a customer and let them know about any inquiries and by whom and some don't. Another way you can check is by pulling a copy of his credit report and review the list of companies that have made inquiries. It's not uncommon for DCs to have a credit report pulled to see if it is worth trying to collect from you.
Debts this old are probably long past the SOL for collection. The CA's are "fishing" hoping you'll agree to repay a debt that is legally unenforceable. I would not talk to them on the phone, other than to get their name and address, and then send them a validation letter by certified mail, and include a limited cease and desist demand that they contact you by mail only
Thanks for the responses. It is not on his credit report. He received a bill in the mail today from Island National Group LLC stating that RJM Acquisitions hired them to collect this account. They are offering double credit for the amount you send. The bill is only $200.00 but I know even if we pay it they will pass it on to another one and it will show up a year from now with a new JDB! Makes me nuts! The call was not our bank or his employer so we're just gonna wait it out. Thanks again!
