Legal Question in Credit and Debt Law in Missouri
12 yr. credit card debt
I recently had a collection agency call me for a credit card debt of 10,000. They say the card was opened in 1976 and closed in 1995. I haven't received any statements for this credit card so why now?
My ex husband and I filed chapter 7 in 1995. The only papers I can find on this is a letter titled discharge of debtor. There isn't a list of the debts. Should I send this to the collection agency?
I think it odd that I haven't received anything for this debt until now.
Do I owe this debt after 12 yrs. and what should I do?
Thanks for your help.
2 Answers from Attorneys
Re: 12 yr. credit card debt
Send the collection agency a copy of the discharge of debt Notice/Order or at least the case number of your bankruptcy. Mail this to them with a short letter stating that you dispute the alleged debt. Keep acopy of both for your file. This should stop the collection. If not, you should contact an attorney and give them a copy of what you sent the collection agency.
If all of the facts you state are true, it appears that you do not owe the credit card debt. If the collection agency attempts to collect the debt after being given notice of yoru discharge, they may owe you money. For that reason you should consult with an attorney if they continue trying to collect from you.
Good Luck
Re: 12 yr. credit card debt
This debt is too old. The creditor can file suit, but you can absolutely defend with the statute of limitations. Plus, the creditor may be violating the Fair Debt Collections Practices Act by attempting to collect a debt it should reasonably know is uncollectable.
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