Legal Question in Credit and Debt Law in Minnesota

I was contacted by a collection firm stating that back in 1999 I had a credit card bill of over 1600 dollars. I have not heard anything regarding this until now. I cannot even remember if I had this credit card back then. Plus I have been remarried and moved and am wondering how they found my phone number and where to call from any old information they might have had. Also, they were grilling my current husband who had no idea who they were. My question is: were they not outside the law to be first discussing this with a person who didn't even know me back in 1999 if or when this may have happened. Also, I have no idea what this is about and frankly why would they now just be contacting me about it. What legal rights do I have when it comes to a debt collector like this?


Asked on 7/29/10, 11:48 am

2 Answers from Attorneys
Ehson Salaami MinCal Consumer Law Group (www.mincal.com)

You have many rights when it comes to communications and contacts by debt collectors like this... First, it is lawful for any debt collector to talk with your spouse about any existing debt. If they talk to anyone else it becomes unlawful, but an exception exists for spouses. Second, if this phone call was your first contact by this debt collector, then within 5 days you should receive a written letter from them outlining your rights to dispute the debt. Third, since the debt seems to be from 1999 the statute of limitations may have passed -- it's 6 years for Minnesota.

I would recommend contacting a consumer attorney who is experienced in the Fair Debt Collection Practices Act (FDCPA) to discuss the specifics of your case. You may be entitled to sue for the violation of your rights in the amount of $1000. Our firm handles these type of cases and would be more than happy to hear from you.

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Answered on 8/03/10, 11:59 am
Sam Calvert Calvert Law Office

Very likely a 10+ year old bill is too old to collect. You should demand verification of the debt from the collector. You likelly will want to consult an attorney who does Fair Debt Collection Practices Act cases.

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Answered on 8/03/10, 6:41 pm


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