Legal Question in Credit and Debt Law in Indiana

I was recently contacted by mail by a lawyer in Fort Wayne, IN about a Discover Card debt from 1996 which has since been purchased by Ozark Capital. They've sent me court documents telling me they are attempting to learn about my employment from Indiana Workforce Development in order to garnish my wages.

I called the lawyer and told her the statute of limitations on credit card debt in Indiana is six years and she said that a judgement was entered in 2001 which stays on my record for twenty years and so she then asked if I wanted to make a payment arrangement. I said I'd get back to her.

I previously had been making $25.00 per month payments on this bill by money order to another lawyer until September 2008 when they sent back my last payment and quit collecting. I thought it was all over and done at that point and I could relax and not worry about this issue anymore. I have not heard anything about this matter for almost four years until now. It has seemingly been raised from the dead.

The original bill was about $1,000.00 back in the 1990s and now they're telling me it's over $8,500.00.

Is this legal? Who is Ozark Capital? Can they do this? Do I owe this bill? What do I do now?


Asked on 8/18/12, 8:08 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

You have too many questions here to answer in this small space. However, it is very likely that a judgment was rendered against you a while back for monies owed, interest, attorney fees, costs and accruing interest annually. Best bet for you is to consult with a debtor's rights attorney to check into the situation and to see what your best options are by way of settlement, bankruptcy or other avenues.

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Answered on 8/20/12, 5:56 pm


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