Legal Question in Credit and Debt Law in New Jersey
debt collection of inactive accounts
I have recently moved to NC from NJ. I rec'd a call from an ''attorney'' in regards to an unpaid cc acct from 7 yrs ago. After 1999 I did not receive any statements from the cc company (capital 1). I now even have a new account with the same company. The collection guy threatened me with a lawsuit and a summons as soon as we started talking. This guy was threatening and really did not give me any information. He pushed me into giving him my chking acct info so they can take payments out of my acct. What is the statute of limitations in NC? Since I lived in NJ when I had the card, would it be based on NJ law? Or the state I am in now? The cc company told me that my acct has been ''inactive'' all these years. After all this time can they still threaten me with a lawsuit?? Should I close my bank acct and open another one and then deal with these people once they realize they can't get the money? What legal course do I have? After the call, I printed a copy of my credit reports - this debt does not appear on any of them. Doesn't that mean that the debt no longer exists?? There is also a record of this collection agency looking at my credit report as of last week.
1 Answer from Attorneys
Re: debt collection of inactive accounts
You are in serious danger of being cheated.
First, you need to stop transactions from your bank account and open an new account. Do this immediately. Never give your bank information to anyone unless you know exactly who it is and you know that they are reputable and good for overdrafts.
There is a good possibility that this is a scam. The limitations on such actions in New Jersey is six years from that date that the cause of action accrued. It is likely that even if the debt were once valid, it is far too old to be enforced. If there were an outstanding judgment against you, it should show on your credit report.
My intuitive feeling is that the people who called you have nothing to do with Capital One and never did. I think that someone has picked up a list of old and dormant accounts and is running a scam. See if you can get an address or telephone number if they call again. Then, if they bother you further, contact Capital One to see if they are genuine. Whatever happens, don't pay anything unless you get competent legal advice. Under the fact as you describe, I can imagine that you may be sending it to someone who has no intention of crediting any account that you have or had.
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