Legal Question in Credit and Debt Law in Minnesota

There is a debt that I dispute that I owe that was charged off in 2002. I have since been contacted by 2 different collection agencies - first in 2006, and then again in 2012, but nothing has come of it because I disputed it and they realized they could not collect and it was past the statute of limitations. I received a call last night (message) from what I believe is yet another collection agency from a guy I could barely understand (indian type accent). He only left a number to call and said he was calling from the "legal dept.". My questions is, should I call them back, or just wait and see if they send me written notification ? And if I end up answering a call from them, what should I say ?

Clay


Asked on 10/29/14, 7:26 am

1 Answer from Attorneys
Morgan Kavanaugh Wilkerson & Hegna, PLLP

You are under no obligation to call him back. Minnesota has a 6 years statute of limitations on breach of contract claims, so if they attempted to sue you on the debt, it sounds like you would have a defense depending on the specific facts of your case. In most situations, the 6 years begins to toll from the first missed payment. You have to be careful that you do not do anything to change re-start the limitations period (such as making a payment or, perhaps, promising to pay again). If they send you a written notification, it might be worth hiring an attorney to send a response.

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Answered on 10/29/14, 7:32 am


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