A bill collector started calling a few weeks ago and said I have a 20 year old debt to pay. Can this be right?

Question

I live in california, and over 20 years ago my mom & her husband got evicted. I stayed with the for a while (at the time I was 19) but not long. My name was never on the lease but when they got evicted my name was on the notice ( I had already moved out). I guess the landlord sued them and named me in the lawsuit and a judgment was issued against us. I was never informed about any of this. For 20 years no one has ever contacted me about this and it has never shown up on my credit / renters report. To this day my mom and her ex husband have nothing to show for. I have a good job, I own my own home ( 7 years ) and I pride myself on my excellent credit. Can they call me now and say pay up or else we will put a lein on your home or garnish your wages? I never got the opportunity to defend myself in court and I don't think I should have to pay for someone elses debt. Is there a statue of limitation that I can use here? Any advice would be greatly appriciated.

Answer 1

I feel for you. You need to contact a lawyer. Next time they call ask to speak to a Supervisor, explain the situation. Make sure the collecting agency is legitimate. Most collecting agencies will lower the amount due if you can pay right then. If the amount is not too high, it may be better to pay it just for your own peace of mind.

Answer 2

If you did not sign the lease when you were 19, there's really nothing they can do. I suggest you request your free credit reports from annualcreditreport.com or call them toll free @ 1-877-322-8228 for all 3 free reports.If there is a judgment, how would you be able to get credit? You were probably on the eviction notice because you were living there at one time and they had to remove all tenants.

Answer 3

In CA a judgment is valid for 10 years and is renewable so it is probably still valid.  But this is the first thing you need to check to verify.

If it is a valid judgment you would have to do a lot of back tracking to the original suit.  If you were never properly served you can request that that judgment be vacated and have the case reheard.   It is not very likely but after this amount of time there is a chance that all of the supporting documentation(such as the lease) may have been "misplaced".  In that case you may be able to have it dismissed outright.

Now, if it does get re-heard you may still be found liable.  If you were living at the place they were renting your name was probably on the lease.   Depending on the wording of the lease and the exact laws at that time you may still be held liable.  Worst case is that you are liable and would be found to owe the money. At which time in CA they can garnish your wages.  In that happens you would either have to take the loss or go after your mom and her ex for the money.  However, if they haven't paid the landlord they probably won't pay you either.

If this is for a significant amount of money(in your mind) it would be adviseable to at least talk to a lawyer to get specific information for your situation.

Answer 4

are you sure this is the debt - the one from being evicted? did they say so?

are they phishing? do not give any info over the phone.

run your credit rating and see what's there.

Answer 5

The statute has run unless they got a judgment way back when and they renewed the judgment.  If they call back, call their bluff.  Tell them to send you the paperwork and you'll have your lawyer review it.  Let's see if they go away.  They will if they're paperwork won't stand up to scrutiny by a lawyer.

Answer 6

I, too, would call their bluff. There should be some way you can find out if the judgment has been renewed after the statute of limitations has past.. Perhaps your credit report would be a good start and even the court house. If the judgment has expired and you pay anything on it, it is my understanding you will have reaffirmed the debt and it becomes valid once again.

Collectors can try to collect on any debt until it is paid, even it the statute of  limitations has expired. If it has expired, legally you are in the clear, morally you still owe the debt if it is valid.