A few weeks ago a collections agency called me threatening to sue me if I didn't pay this 5 year old Capital One Credit Debt. The woman told me how much money I had free on my one credit account and how much a year she thought I made. It was incorrect though, because I don't work, I am a student and that amount she read is my loan amount. I told her this and she said she would sue me and garnish my wages. She offered me one last chance to pay the debt and I declined. The debt amount was $3,770, which I at one point thought about settling until I saw on the internet that paying something would only hurt my credit more and make them hungrier knowing that I had paid once. Most sources agreed that waiting out the 7 year mark was best. I have a credit monitoring service that alerts me to when my credit is checked. Just the other day I had an alert telling me that Fred Hanna attorney at law was checking me out. I looked him up and found all kinds of blogs saying this guy is a notoriously sleazy debt collections lawyer here in Atlanta GA, who will lie and do just about anything to separate me from my money, including lying on court documents. So I know they have my cell number and they may have my address. I did change my address with my credit card to try to avoid harassment from this lawyer, my questions are: 1. How worried should I be about this guy Hanna coming after me for $3,770? 2. All my money is from school loans, can they really garnish them? 3. My cousin recommended taking out a P.O. Box in another state not with the post office to make it even harder to find me. Is this a good idea? 4. If I disappear, what happens if he sues me and I'm not around to answer the suit? 5. I'm going to North Carolina to visit my parents, if I do change my address to North Carolina, can I still be sued in GA for this? I opened this credit card in Kentucky remember? I just want my credit good as soon as possible. In a year and a half I will be graduating, and will need good credit. I would pay it if I could and thought it would do the best for my credit. ANy other advice would be very welcome.
When was the last payment made, and what is SOL for CC debt in your state, or if different, in the state where the account was opened? FDCPA would require that suit be brought either where the account was opened, or where you currently reside. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811 "§ 811. Legal actions by debt collectors [15 USC 1692i] (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. "
The last payment was made 10/2001. GA is 4 years, NC is 3, But listen to this, I have lived in Kentucky, North Carolina, Missouri, and now Georgia since this thing happened, I was reading that sometimes when you change states, the statute of limitations freezes untill you return to that state. I havent been able to find wich states this is. Also, what if they claim I admited to owing the debt(which I can't be sure of if I did or not). This would start over the statute of limitations in NC! So here's a question: How do you find out if the statute of limitations has expired? It's not on the credit report. Also, should I be trying to hide or not? Thankyou for your reply,
Depends on the laws of the states involved, though generally a freeze is for a temporary absence, not a move. It's not a matter for a forum, it's a matter for an attorney. However, generally, procedural law (like SOL) is dependent upon the state in which you're sued, so that sounds like you're out of SOL. It should certainly be raised as a defense if you are sued. If you're not sued, btw, it's a bona fide FDCPA violation for them to threaten you with a suit.
I am being sued in GA where the SOL is 4 years, its been 5 years now, but I have only been here for the last year and a half. Is it still SOL
For $3,770, it is worth finding a competent attorney to make sure you don't lose, particularly if he can win on SOL.
I just wish there was a way I could check the SOL thing myself, because it would be an automatic win and I could take care of it myself. Thanks for the advice though, I'm going to start looking around for a lawyer. How much should one pay for this kind of thing on average?
You might start with inquiries to some of those listed in your state on www.naca.net, and perhaps they could tell you what you should expect.
This is my perspective on the matter . . . On a debt that small that is past or near the SOL, I would do the following: 1) Demand validation from the collection agency, chances are they move the debt to another CA, 2) Ask for verification of the alleged debt from Cap One, and 3) Dispute the tradelines through all applicable CRA's wherein reported, particularly Cap One's but, also the CA's tradelines, if any. This is my own strategy, however, I'd rather pro-actively pursue this little debt because: a) you could shake the CA alltogether and/or compel them to cease as well as pay you a pittance, b) Cap One will not respond typically to a request for info regarding a long past-due account, and c) if they don't and thereafter verify what they are reporting, you have some leverage to work with when they verify the disputed tradelines. My experience with Cap One is exactly the above. Want a little pointer . . . dispute the fact they fail to ever report a credit limit. This is simply "incomplete" reporting and thereby, an FCRA violation. Additionally, they never mark a disputed account as being in that status. While it is not expressly written in the FCRA, the above failures are implied FCRA violations because they are material insofar as it causes you to lose FICO points and thereby, become damaged by their actions. These suggestions are just that . . . you can elect to proceed with them or not. I only advise the aforesaid statements inasmuch as I've seen Cap One institute civil actions for as little as $500. You never know with them so, in my humble opinion, it is better to build potential counter-claims which may offset their claim and/or grounds for your own suit than to sit idle wondering if, when, and where they will sue you. They may decide to sue, so prepare yourself. If you had a much larger debt; e.g., something over 10k, I would not recommend the advice given above. However, with something under 4k that is near or past being time barred, you really have nothing to lose in adopting the prescribed method.
1.I would like to try this. What is a trade line? Is it the order of from who to who the debt has been sold? And when I dispute it what do I say, "I wan't to dispute the trade line?" 2.How would I compel them to think I am owed a pittance? 3.When you say dispute the fact they don't have a credit limit and never mark disputed status, who are you saying to dispute this with? Cap one, CA, or in court? Thankyou for your input, it is much appreciated!
No legal credit agency can harras you! This law firm being a collection type set up should know this better then anyone else! If 30 days has gone by and they have not sued you based on their threats to do so, guess what, you can sue them now for damages/harrement and illegal collections practice. Any collections agency or law firm whom threats you with legal action must do so other wise you can sue them!! Be careful with legal lauguage. If she said, we may sue you or it is our right to sue you if you do not pay, then, you can not sue and that is not harrasment. If she said, give me money or you better pay me or I WILL SUE YOU, and she has not yet, then sue them. Also, hiding and running will not better the situation. What will is if you send then a certified letter ask them not to call you no longer about the debt neither send you any correspondence regarding the debt, then they can no longer contact you! But, they can still sue you. Will they sue you, perhaps not but it is a chance you will take. To pay the debt now is more of a moral decision. Because if you pay or makes payments the activity date on your credit report is now fresh and will take log to be removed. It is kinda like reactivating that 7 year waiting period and if you do pay, that does not remove it from your report till after 7 years. read your state collection guidline to better understand your states law and how long can an account sit on your report. It does vary from state to state.
That's false and misleading information. State laws do not govern how long an account can sit on your report. It does not vary from state to state because state law has nothing to do with credit reporting. If you don't know the law then it would be far better that you not comment on any forum until you do know the law because in situations such as this you only confuse people. It becomes a question of who do they believe? If they choose to believe the person giving the false information for whatever reason then they may go about the internet spreading the false information. Because of the possibility of that happening I always tell people that they should never believe anything I say until they have checked it out from official sources.
