Legal Question in Credit and Debt Law in New York
collecting an old debt
My mother has received a letter from a lawyer trying to collect an old credit card debt that was bankrupted in 1987. We have tried to find her bankruptcy papers and have been unable to do so. Every avenue has been exhausted including the bankruptcy court in Buffalo, NY. This debt is 16 years old what are her rights to stop this. She now resides in Tennessee if this makes any difference. Can they make her pay this. Does this debt fall under statute of limitaions. I know the statute of limitations is 6 years in Tennessee barring any judgments. Any help would be greatly appreciated. Thanks
2 Answers from Attorneys
Re: collecting an old debt
tell her to ignore the attorney...the statute of
limitation is 6 years. He still may sue, but she has to ADMIT NOTHING and pay NOTHING...since any of those actions might re-start the debt.
Re: collecting an old debt
This debt is dead. Do not concern yopurself with the debt and do not discuss the actual debt with anyone. Respond with a letter indicating that she does not want to be contacted further on this matter. Say nothing else.
The most important thing is to stay out of trouble - don't talk about or argue about the debt. It can be 'revived' if you address it directly in writing.
If the fellow keeps contacting her, then you can sue for harassment or report him to the Bar Association.
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