Legal Question in Credit and Debt Law in Georgia

Debit Collection

I received an Initial Notification today regarding a debit from 1988 for $5083.90.

I was going through a divorce at that time.

I called the collection agent and of course,he was willing to accept 1/2 of the payment.

I told him I wanted to see the charge's.He said to submit it to him in writing and he would have to request the info from the creditor.

I don't know what to do.

Has the statue of limitations deleted this debit?

I don't know if this is something to do with the ex-wife.

My credit report is very good.

Please advise.

Thank you in advance for your help.

Sincerly,

--name removed--


Asked on 4/23/07, 5:34 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Debit Collection

This happened today, so ask them for additional information and verifivation. The statute of limitations does not mean the debt just goes away or that they can't attempt to collect. If it turns out to be a valid debt, an option is to work out an agreement, in writing, that they will not report it on your credit report in return for a payment.

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Answered on 4/23/07, 5:43 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Debit Collection

NEVER (I repeat never) talk with a creditor by phone. Until they write you, do NOT write them. If they write you, then you may want to respond. It is highly unlikely any debt that old is collectable in Court(and it cannot be reported on a credit history), so once you get details, ask a lawyer at that time how to respond.

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Answered on 4/23/07, 5:57 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Debit Collection

There is nothing inherently wrong with speaking to a collector by phone, and often it is a way to get minimal information (such as the name of the creditor and amount of the debt, so you can check your records). You just have to use common sense, and not do something like provide an account number or agree on a payment plan (which should always be in writing). Morever, the fact that a debt is old will not necessarily prevent the creditor from getting a valid judgment, which will ruin your credit. If, however, you are not interested in ascertaining the validity of a debt, and honoring it if it is valid, you can certainly take steps to avoid paying and communicating.

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Answered on 4/23/07, 7:29 pm


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