Legal Question in Credit and Debt Law in Missouri

Re: 11 yr debt

First, the debt collector's veiled threat to "do something drastic" is designed to get your agreement to pay on this debt. Under no circumstances should you do that because if you do you may unknowingly "validate" the debt.

A debt collector cannot threaten to take action that he knows he either cannot or will not take. If this debt is truly 11 years old, then it has most likely exceeded the statute of limitations. Thus the debt collector can't (or shouldn't) sue you to collect on the debt. This leaves his threat to take "drastic action" something he cannot back up.

You should send this collector a certified letter with a return receipt. That letter should advise him:

1. That you dispute the alleged debt and refuse to pay it.

2. That you do not wish to be contacted any further by telephone, and that all further communications should occur in writing

3. Inform him that his threat to take "drastic action" is made in violation of the Fair Debt Collection Practices Act and that any further abuses will be reported to the Federal Trade Commission.

When you get the return receipt back, make sure you keep it in a safe place. If you are contacted by phone again after that letter is received, you should see a lawyer to pursue a cause of action against the collector.

I hope this is helpful to you.

Re: 11 yr debt

If this is a Missouri debt, the statute of limitations has "probably" expired in regard to filing a lawsuit against you. When you are notified of the debt, you should advise the collection agency within 30 days that the debt is disputed. You should also ask for verification of the debt. If you have an attorney, you can also advise them not to contact you but to contact your attorney. I would not agree to pay anything unless you obtain more information about the debt which would indicate that this is a valid and collectable debt. Under certain circumstances, you may also have a cause of action against the collection agency.