Legal Question in Credit and Debt Law in Georgia
I received a message from a would be creditor concerning a bill that I owed, the amount was 4,000.00 , however they would be take 1, 0000.0. They went on to say that this bill was since 2005,
My question is, I never received a bill for 4,000.00 I constantly look at my credit, i am clearing up bills, however is this legitimate.
Help.!!!
2 Answers from Attorneys
Most such calls are scams, and even if legitimate, you NEVER talk to creditors by phone. Additionally, a 2005 bill is probably time barred by the statute of limitations. If it is a legitimate creditor they will also be required to write you. When and if they do, see a lawyer and do NOT call them.
If you have other bill problems, see a lawyer now rather than later. Feel free to call us at 404-768-3509.
How could an attorney here tell if the bill is legitimate? What kind of message did you receive? A letter? If so, was it from an original creditor or debt collector? If the latter, you can dispute the debt under the Fair Debt Collection Practices Act.
Telling us the bill was from 2005 does not help. However, if the debt was last paid in 2005, then collection of the debt might be barred by the statute of limitations. But if the account was opened in 2005 and paid later, then it might not be. Telling us the bill is not on your credit really does not help either. It may have dropped off your credit report or it may have not been placed there for whatever reason.
If you just received a phone call, ignore it. Do not talk to the person at all. If it is a legitimate debt collector, they are required by federal law to send you a letter about the debt. When you get the letter, you need to review it and dispute the debt and ask for verification. You really should not need an attorney at this stage, although you can certainly hire one if you want. A debt collector cannot call you if they know you have hired an attorney. Also ask that the debt collector not call you at work and request that any further contact be in writing.
If you still get calls but no letter, that in itself may be a violation of the the FDCPA. In that case, you may definitely want to get a lawyer, preferably one who specializes in the FDCPA.
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Is there a statute of limitations on debt collection Lawsuit? Asked 2/04/13, 1:31 pm in United States Georgia Credit, Debt and Collections Law