I got a phone call this morning from a CA, they want to collect a debt from my first marriage. This was backed by the gov. (mobile home) This loaned is way over the SOL. Its date of last activity was 7-94. They are trying to scare me with the fees etc. (totaling over $19000.) But will settle the debt for $12,500. When I told them my first husband was responsible for this debt, they said he is not even on the original loan documents! Is there any way he could get off of them? And can they garnish wages etc. after so long? (I'm my own boss). Or are they just trying to scare the crap out of me? Any help would be great.
Both in Illinois. They told me the home was not forclosed on, just resold. So how can I be responsible for the entire balance of the orginal loan? I know who bought it, I can easily find out what she paid. They also threatened to take away our home and car.
You're still within the 10 year statute of limitations for the debt in IL. So, they could still sue you and possibly win. However, I doubt they'd get very far... it doesn't sound like they have their act together, and instead are just trying to scare you into paying. If you have their address, send them a certified, return-receipt letter, asking them to validate the debt. If you do a search on this board, you'll find a lot of info on how to ask for proper validation. In any case, don't talk to them on the phone any more until they send you proper validation. You don't even know if they actually own the debt, or if they're trying to collect on something that isn't rightfully theirs. Don't worry, they can't garnish wages until the sue you. If they really were to sue you, it's months away at this point.
Thanks so much! I will send them a letter right away. I know I should not have even talked to them on the phone, but the whole thing just caught me by surprise. Is it possible they have already sued me and I don't know it? There are no judgements, or anything like that on my CR. Also, On my CR (I just looked), the debt is listed on there, and it says the balance is 0. And has been since 1/95. It shows up as a good thing on my report.
Re: Re: Help! Something just doesn't sound right about it. If they don't validate the debt, you'll know they were lying. If they do, post here again and someone can tell you what to do next.
Re: Re: Help! check the courthouse records and see! Hang on to the credit reportd showing a 0 balance.
Re: Re: Help! They are trying to scare me with the fees, etc., (totaling over $19000.) But will settle the debt for $12,500 sensun | ========== I don't blame them I would settle for 12500 I wasn't owed too. THE END ** *** ** LB 59
they said he is not even on the original loan documents! ,sensun ============= Are you on them????????
Who is the collection agency? Also, if the DOLA is 1994, the debt has been re-aged. Dispute it with the CRA's as out of date.
I posted this question to Why Chat at cardreport and here is the response? I'd see a lawyer to help with the response. Re: Mortgage question Why Chat -------------------------------------------------------------------------------- [ Follow Ups ] [ Post Followup ] [ Credit Forum Index ] -------------------------------------------------------------------------------- Posted by WHY CHAT (209.240.198.61) on June 22, 2003 at 22:44:40: In Reply to: Re: Mortgage question Why Chat posted by observer on June 22, 2003 at 20:54:53: Assuming this was not agricultural property, Ill. does allow a creditor to file for a deficiency on a foreclosure, however, as far as I can determine, unlike Mass. 2 year SOL, or N.H. 20 year SOL on such actions, Ill. requires the notice of filing for a deficiency to be concurrant WITH the foreclosure. I.E.NO SOL at all. It must be done at the SAME TIME as the foreclosure.(unless my poor old eyes have misread the statute) Illinois Foreclosure Statutes http://www.legis.state.il.us/legislation/ilcs/ch735/ch735act5articles/ch735act5Sub94.htm
