Legal Question in Credit and Debt Law in Georgia

I received a call regarding a credit card bill from 2001. Last payment according to them was 2005. I clearly remember settling this account many many years ago. She told me to fax a copy of the settled in full. I don't have records from 10 years ago. I called the credit card company, they referred me to the collection agency they sent it to back in 2004-5ish and I contacted them and they referred me back to the "forwarding" collection agency. Any advice on how to handle this? The collector stated that she would contact the client and tell them to proceed with next steps as I was obviously not willing to make payment on the debt.


Asked on 2/21/13, 6:31 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It is unlikely they will do anything if you give them official notice to discontinue contacting them (under the FDCPA). You can't control whether or not they actually sue you, and will have to deal with it at that time. Otherwise, you can certainly keep getting the calls but it is likely nothing will be accomplished by continuing to speak with them.

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Answered on 2/21/13, 6:36 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Have a lawyer write an appropriate FDCPA letter .

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Answered on 2/21/13, 6:44 am

I agree with my colleagues. First, DO NOT TALK TO DEBT COLLECTORS!

Deal with them in writing. If you kept the proof of the settlement you would not be in this position now.

Debts can be settled and the creditor can still sell off the balance and the next creditor will try to collect. The only way to protect yourself is getting a settlement letter before you pay, making a copy of your payment in the agreed sum, and I recommend by following up and getting a final closure letter after the payment is made. If you do all these things and the debt resurfaces, then you will have the requisite proof.

In your case, collection of the debt seems likes its barred by the statute of limitations (6 years if this was a GA debt). What you should do is either do it yourself (or it will have more punch if done by a lawyer) is send a debt dispute letter to the collection agency advising that the statute of limitations has expired and that the collector is precluded from taking further action on the debt and that they are not to contact you further. Send the letter via certified mail so that you can prove they got it.

If you are interested I can do the letter for you for a reasonable fee. Please contact me at [email protected].

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Answered on 2/21/13, 10:41 am


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