Legal Question in Credit and Debt Law in District of Columbia
Old credit card debt
I had a big financial problem in 1993. As a result, I lost 3 R/E properties, my house and $35000 unpaid cr. card. I left the city leaving behind whatever I had. I don't know what happened to what I had to this day. However,I did not file for BK. I changed my life style, no loans or credit cards. recently,I applied for a secured credit card, which I got it. Yesterday I received a call from a collection agency regading an old debt relating to a property or credit card. (Does it make any difference?)
Since the statue of limitation has passed (3 years, all types of loans in Wash. DC?)
1.Can they sue me and get judgments against my soft & hard assets, garnish my income? If yes, how long does it take and how expensive it is for them and for me?
3. Could they get judgment against me without my knowledge,if yes, what are the implications for me at this time? (I was never served and saw no ref. about Judgment in my credit report)How could I find out about that?
5. I deposit my income under my 4 yrs. old son in a bank in a different state. Can they find this account and go after it since I am custodian of that account?
I need your reply ASAP
2 Answers from Attorneys
Re: Old credit card debt
Adverse remarks can stay on your credit report for 7 years. The creditor can always contact you, subject to the Fair Debt Collection Practices Act and state law. However, they cannot sue you past the applicable statute of limitations. You can perform a judgment search in the county where you reside to learn if a judgment has been entered against you. Of course, no suit can proceed without notice to you so it is unlikely that any judgments would have been entered without such notice.
In PA, a creditor cannot attach your wages. I do not know about D.C.
In PA, an account held for a child or in a child's name is in trust for that child. What you have described is prohibited in PA by the Uniform Gifts to Minors Acts. I caution you to assure that you are not in violation of a similar D.,C. law.
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Re: Old credit card debt
They should not be able to get a judgment against you if you were never served with the lawsuit. Call the D.C. Superior Court Small Claims Division at (202) 879-1120 and find out if there is a judgment listed against you. Get a copy of your credit report from the three major reporting agencies.
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