Legal Question in Credit and Debt Law in Missouri

repossession

I had a 93 Ford Ranger repossessed in 1995 in july of 2007 I had gotten a phone call stating I had a supena w/ possible criminal charges after talking to them it was pertaining to the said repo. can they come after me after so long and is there anyway to have criminal charges they said the charges were ''MELICIOUS ATTEMPT TO DEFRAUD'' I would greatly appreciate any and all feedback


Asked on 8/11/07, 9:42 am

2 Answers from Attorneys

Anthony Smith LawSmith

Re: repossession

It appears that the communication you recieved in July, was aviolation of the fair debt collection practices act (FDCPA) You should get the correct name and address of the collecor, tun this over to teh attorney general's offcie and contact an attorney in your area. It may turn out that you choose to sue them in the state and county where they are located.

Good Luck

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Answered on 8/13/07, 2:59 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: repossession

This is one of the oldest tricks in the book among collection agents. They try to scare you into making a payment -- any payment -- on a debt that is long beyond the statute of limitations. They do this by telling you that they could file criminal charges.

The conduct is unlawful and may in fact be illegal. If done by a licensed attorney, it is considered to be a violation of ethical rules and subjects the attorney to sanctions.

You should require the people making these threats to give you their name and legal address. Then you should file a complaint with the Federal Trade Commission. You may also find that these "distressed debt" collectors are well-known on the internet, and may find out they've tried this on many other people.

Here's the danger. If you send them money -- even a check for a dollar -- you may unwittingly reset the statute of limitations. You should get their name and legal address and send them a certified letter, return receipt requested, to stop all collection activity, that you dispute the debt because it is outside the statute of limitations in Missouri, and that any further contact will be the cause of legal action. For more info go to www.ftc.gov and click on fair debt collection.

Good luck dealing with these bottom feeders.

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Answered on 8/11/07, 2:16 pm


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