Collector language?

Re: OT Joke

I believe they can obtain a judgement unless you show up and make a counterclaim that the debt is out of SOL. I think you have to appear to make the defense though. Check me here guys.

 

Re: OT Joke

I have found that to be the case.

Usually when you receive the summons, you can write/answer back to the clerk, and if the company has any sense, they will drop the suit.

If they don't drop the suit, you better show up and put out that defense, or you will get a big bad judgment ;-(

 

Re: OT Joke

There are companies that buy very old debts for almost nothing and attempt to collect on them. They are called "bottom feeders". If you have an old delinquent debt, you will encounter these bottom feeder from time to time for up to 20 years after the debt went delinquent.

You do not need to show up in court to defend yourself with the SOL. You can respond to the summons asking that the court throw out the lawsuit because it is past SOL. If true, the court will have no choice but to do so.

Yes, a bottom feeder will attempt to collect, even if they have no legal method to do so. They aren't going to tell you "We know that this is past SOL.". That is up to you, the defendant, to invoke.

The bottom feeders use veiled threats of legal action to collect.

The really unscrupulous bottom feeders have two other really nasty tricks up their sleeves that you have be alert for.

(a) Hold Credit Report Hostage.
Some will start to report negative information to the CRA's about an old debt, and demand payment from you to get it removed. They are violating the FCRA. They know this, but don't care. Most of their victims do not know their rights, or will not fight them. They simply pay them off to make them go away.

(b) Stealth Lawsuit.
This is the nastiest trick. They file suit, but fail to summon you. You don't appear to defend yourself, and voila!, the court hands them a judgement which allows them to go and loot your bank account and garnish your paycheck. Once you find out, you are out the money and then have to fight to get the judgement vacated. Good luck getting that money back.

This can backfire on a CA. If they do it more than once, a judge or the FTC can put them out of business. But again, the CA is betting that you will not fight and will pay them off to go away.

This is one of the reasons I recommend that people avoid a C&D unless absolutely needed. In fact, I recommend that you let your creditors know how to get a hold of you. That way, later they can't claim they could not serve a summons on you because they could not find you. Always make sure they have a good mailing address.

When a bottom feeder pops up, simply dispute the debt. If they answer (they won't), refuse to pay. If they sue (they won't when they know you will fight), envoke your SOL defence. If they try to hold your credit hostage, sue for FCRA violations. That debt they bought for $5 will end up costing them thousands because of their disregard of the law.