Is the 12 year old debt valid?

Question

My husband received a letter a week ago regarding a debt from 1996 in Alabama. He lived in Alabama until 2005 which was 9 years after the last payment was made on this truck. He moved to Ohio in 2005 and is just now being contacted about this debt. The statute of limitations on a written contract in Alabama is 6 years and in Ohio it is 15 years. Since he lived in Alabama for 9 years after the debt occured, can they come after him in Ohio? He disputed the validity of the debt with the agency and requested they send him copies of contracts and any information pertanent to the account and the agency refused. Now they are threatening to attach his wages and take him to court. What can we do?

Answer 1

Your probably could dispute this.   I'm almost sure they can't take it strait from his wages.  Only the government can do that as far as I know.  (Like people who owe taxes etc).  

If anything, they will probably have to take this to a credit agency.  Who will then start to harass you on a daily basis till you pay it.   And it will affect his credit...poorly I might add.  

Try consulting a lawyer or a credit repair/debt consolidation company.  They would have more information, and probably provide steps for you to take.

Answer 2

This sounds like a junk debt buyer agency. You do not even need to worry with them.  You should do as others have stated and send a "cease and desist" letter to the agency to tell them to leave your husband alone.  This ploy is done all the time to get people to admit liability to the debt and get them to pay it.  In the future, if they call, keep the conversation short and sweet.. Your husband should state, "I do not owe this debt. Please do not contact me again."  Ensure that you have sent the cease and desist letter.  If they continue to call even after the letter is sent, then it becomes both a civil and criminal litigation event.  

Answer 3

If this debt you are talking about is the TRUCK,  then you are lucky he didn't get arrested fro STEALING the thing.... because that is what defaulting on a loan actually amounts to... STEALING...  I have no idea if there is a statute of limitations of a car or truck loan that remains unpaid, but I would bet that you can dispute it all you like but you are STILL responsible for the debt....  it's people like your husband who skip out on their legal responsibilities who make it bad for the rest of us.... People who buy things on credit and then refuse to pay for them should NOT be allowed to keep them... and,  if the truck has long since met it's demise, your husband STILL should be responsible to pay the remaining balance of the load HE TOOK OUT for the truck he used....  

Answer 4

The SOL has passed. I wouldn't even waste the time writing the letter. If you continue to get calls, contact your phone co and have them put a tap on the phone. If they call after that, the phone will take care of it for you.

Answer 5

Your hubby made a big mistake by even talking to the collection agency.  It may not be too late to do this:  Write a letter to the collection agency, include their account # and copy this exactly,

"This is a “ZOMBIE” scam, and I am not falling for it.

I am sure you are familiar with the law governing charge-offs, but just in case you may have forgotten what it is, I will remind you:

FCRA- FDCPA15,U.S.C. 1681S2, Section 623(a)(5) Specifies that any entity that reports information to credit bureaus about a delinquent consumer account that has been placed for collection or written off MUST REPORT THE ACTUAL MONTH AND YEAR THE ACCOUNT BECAME DELINQUENT.  In turn, this date is used by credit bureaus to measure the maximum seven-year reporting period the FCRA mandates.  Violation of this provision of the FCRA are subject to civil penalties of $2500.00 per violation.

I do not owe this debt.  I will not pay this debt.  If this charge-off is submitted to any CRA, I will, of necessity, pursue legal recourse against (put name of collection agency here), it’s owners, and it’s officers, severally and individually."

Have hubby sign and date it, send it CERTIFIED MAIL.  

Answer 6

Send the collection agency a certified, return receipt letter telling them to cease and desist all contact.  The debt is long past the Statute of Limitations for Alabama and is no longer valid.

You may want to put together some proof of his residency in Alabama thru 2005 just in case the collector tries to pursue a lawsuit in Ohio.  Things like rent receipts or utility bills or something that shows Alabama address.

Answer 7

Get Kevin Trudeau's book - debt cures - from the library or order it on-line.  His book has a load of information.  I love it and it helped me.  They are debt collectors looking for money and if you admit to owing while on the recorded line with them, then they have you.  They must by law furnish you copies of the debt.  I think that if the debt occurred in Alabama, then its an Alabama debt... but to be sure... get that book right away it will help you with this.  Remember they are threatening you.  They do it all the time.  If the collectors have added interest and penalities there is also a way to only pay the actual debt... but get the book - it will help you.  In the mean time tell the collectors that you are looking into this situation and to please send you the information regarding the debt.

Answer 8

Let's go to court and explain it to the Judge.