My mom is 67, retired due to a back disabilty, on social security and has no assets whatsoever. She has no savings, property or items, she gets SS every month for her to live on & pay her bills & buy her meds. She has some credit but PIF's every month due to my preaching, lol. Her & her husband filed a Chap 13 about 10 years ago but her husband quit paying on it after about 4 years. It shows as discharged on Pacer. There are 2 CC accts under her name only that were subsequently turned over to a CA. Back in 4/07 one of the CA's filed suit on one of the accts. This acct had a date of default as 5/03. However since it was attempted to be served in a different county (where she prev lived) and had to be sent to the county she resides in now, a total of 100 days elapsed between the file date & the date she was served. We were concerned because the file date was just prior to the date the acct would go SOL (6/07). We prepared and filed an answer disputing the debt as valid. (That was a nightmare!!!) So she received a letter from the court that the CA had dropped the case & even if they hadn't dropped it it would have to be refiled due to the length of time it took the 1st suit to be delivered. So that was good news and we were happy. The CA has tried to call a couple of times but I have asked her not to speak with them. She is easily intimadated on the phone & one time she answered a call from this CA prior to the suit they had her in tears over it, threatening to have her put in jail and take all her money out of her checking acct and calling her a deadbeat. Luckily she made no agreements with them at that time, in fact she hung up on them. I so wish we could have sued them over thier inappropiate tactics but the call was not recorded & I am sure they would deny it all. So the other day she comes up and hands me a letter (uggggghhh!) It from a Zwicker & assosciates over the other CC debt that had a default date of 6/02. It basically says nothing only that since she won't talk with them they will need to "investigate" whether they should presue the debt further. My 1st impression is that they can FOAD, the debt went out of SOL 6/06, they are obviously just fishing for someone clueless enough to bite. My mom is rather clueless about it all so it scared her. I told her even if they could sue she is judgment proof and they would'nt make a dime. Should we even send a debt validation request? Or just shred it? Funny thing her credit is better than mine! We pulled her reports back when she was served. We haven't pulled FICO but I would bet she's 700's. She app's for a few cards when I di and got much higher limits. She got 1K on her Kohl's while I got 300 lol. I told her we prob need to pull her credit reports again soon to see how many inquiries are being made on her. Thanks! Tegleg
Best never ignore a dunning letter unless there is a VERY good reason to duck (like SOL expiring next week). With an SOL debt a C&D may well be in order. Look at it this way: They could sue and lose, not only the suit but the FDCPA and State UCC counterclaims, too. One question though. Does PACER show the BK as discharged or dismissed? Big difference. But it being 10 yrs ago, there is the question as to how this alleged debt relates to the BK.
Ok, thank you for the reply! My pacer log in does not work =(( I beleive the Chap 13 bk is listed as dismissed and review of her last Exp credit report it is listed there as dismissed: Involuntary Chap 13 bankruptcy dismissed. Date filed 04/24/2002 Date Resolved: 06/26/2003 This acct was in the Chap 13, but her hubby quit paying the Chap 13 evidently in 2003. I had thought they paid longer but evidently I was mistaken. Texas SOL is 4 years so this acct would be out of SOL correct? I have prepared a letter asking for validation and dtating that phone calls are a inconvience at any time and written correspondance only is requested. Just wondering if that is what we need to do at this time. Thanks! Tegleg
The only other thing would be to look into the tolling of the SoL as a result of the BK13. I would think that it might toll, but once the BK was dismissed, the clock would likely pick up where it left off. This is something for the BK experts to help you with.
Thanks Oracle, I will post that question in a BK forum. BTW what is "tolling"?? If it is indeed out of SOL (which I really think it is) I would love for them to try to sue her. I would need a crash course in legal jargon but FDCPA & State UCC counterclaims sound like a good reason to learn. Thank you, Tegleg
"Tolling" means the time under the statute of limitations is suspended, and when it restarts, the remaining time is added on. For example, if the SOL is three years, but after a year you did something to "toll" the SOL for a year, then when that event ended, the time would start where it stopped. So there would be two years left on the SOL, even though two years had passed. One of those years was under the SOL, during the other it was suspended. Then the two years is added at the end, meaning the the SOL doesn't really end until four years later--three years plus the year when it was tolled.
Tolling in this sense is suspension. If the SOL is tolled, as it is when one moves from one state to another, the SOL is suspended for the time when the individual is no longer within that state's jurisdiction. It resumes when he moves back into the first state. In this case, the question is whether or not the BK13 tolls the SOL. If it does toll, how/when is the SOL restarted when the BK13 is dismissed.
In the BK forum it was thought that even with tolling the debt will still be out of SOL, if they do try to sue she is judgment proof and we can countersue. I don't think we will hear from them I doubt they will even respond to the DV. Thanks! Tegleg
Hi Teg, Catching up on this thread, so forgive me if I've missed any details. Per your info, your Mom is pretty much safe. One, it looks like the debts are past SOL for collection. I would not ignore the letters, but I would respond that the debts are past legal SOL, and that any further communication should be in writing. Second, due to your Mom's financial situation, she is "judgement proof", even if there were a suit. SS income cannot be garnished, and she has no assets to put a lien on. So, I would just respond to the letters (perhaps you can write them for your Mom), that these debts are considered past SOL for legal collection, and inform them that your Mom is judgement proof. I'm sure these collectors will move on to more viable collection accounts.
Thank you Biz, I did write a letter for her, she trusts me to handle these things for her. This is what I wrote: Regarding Acct number XXXXXXXXXXXXXXXXX Dear Sirs, I am writing in behalf of Tegleg's mom. She has no knowledge of a debt due to your company. We request full validation of this debt. Upon reviewing my mother's credit report I only see one account with a similar account number from 6/02. This account was associated with a Chapter 13 filing. I beleive this debt is past the statute of limitations for the state of Texas. My mother is disabled and only receives a small social security amount each month. She has no savings or assets. According to the legal advice I have obtained she is likely judgement proof. It is an inconvience and taxing for her to take telephone calls at any time. Therefore we request only written correspondance. Thank you, Tegleg & Tegleg's mom Does that sound okay? I've told mom not to worry, if they do try to file we will countersue them. I don't think this company will even bother with it. Very sad thing my mom told me yesterday, she was discussing this with a couple of her church friends Wens night. One of her friends is widowed, rents a small 1 room apt, has no savings or assets, doesn't even have a car, she has to get rides or walk. She has medical conditions that have high dollar meds that she relys on her Medicare & drug company indigent plans to pay for. She doesn't even have a phone she uses her son's. She barely has money for food at the end of the month. A couple of months ago this CA called her son's house while she happened to be there. Her son was gone at the time. They pretended to be a a friend of hers to her daughter-in law to get her on the phone. Once they had her on the phone they terrified her with threats of taking her checking acct money & having all her personal effects sold in a auction to pay the debt. They said a sherriff would be at her house soon. The lady was terrified that what they said was true and tried to explain to them that she received only social security and if she had to pay them she would have no money for food. This nasty scuzzbucket CA then asked for a 100 a month to hold off the sherriff & she told them the most she could pay would be 20. They finally agreed to that & kept wanting her bank acct information. Luckily her son arrived about that time before that information was given and made her hang up. Her son has since contacted the CA, gave them an earfull & has told his mother to hangup if she ever gets a call like that again. I have no doubt if she had given that acct number they would have gleefully drained her acct. I know there are some decent collectors that would not stoop to those levels but it is really sad how many older americans are taken advantage of by scuzzy scumbuckets. ok, rant off, that is a big pet peeve of mine. BTW I gave my mom the web addy for this board to give to her friend's son. Maybye we will see him soon =)) Thanks much as usual! Tegleg
