Legal Question in Credit and Debt Law in Indiana
Statue of Limitation on debt collection
I received a notice from a collection agency trying to collect on a debt from a cell phone in 1990. I called the agency, the owner of the debt passed it to them in 2000. This is the first I can remember receiving a notice from either company.
I have requested documentation to try and validate their claim. Is there a statue of limitations for collections of debts if it did indeed exist?
2 Answers from Attorneys
Re: Statue of Limitation on debt collection
The statute of limitations to collecta debt is 10 years, unless the claim/debt went to judgment. This sounds like a violation or violations of the Fair Debt Collections Practices Act-each vilation contains a damage of $1000 Plus attorney fees. Get an address and write to them disputing the debt and asking for written documantation-tape your conversation if possible, then hire an atty familiar with Fair Debt Act suits
Re: Statue of Limitation on debt collection
Unless the cretins have a judgment against you, the limitation on a claim like this could not be more than 10 years. If they do have a judgment, you may be able to have it set aside. My thought, however, is that this is a scam. Write a letter to the cretins, tell them you do not owe the money, that you never incurred such a bill, that the statute of limitations has passed, and that you are asking the Indiana Attorney General to investigate whether this is some kind of fraudulent scheme. Send a copy of your letter to the Indiana Attorney General. Here is a link to their web site: http://www.in.gov/attorneygeneral/consumer/filecomplaint.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
