Legal Question in Credit and Debt Law in New York
debt collection
I live in nys, a debt collector called fri. for a credit card debt from2000. I believe the sol has expired for this, how do i handle it. They contacted my mother in law and disclosed what they were calling for, which i thought was illegal? They said they were from an attorneys office, and were going to send information to the county attorneys office and take me to court. How do i find out if they are valid, she also told me they had mailed me information, which i still haven't received, and that i had 30 days to dispute the information, then she told me that i couldn't because i was the person they were looking for and i had until noon today to contact her and settle the debt or they were doing their thing. any information would be helpful.
2 Answers from Attorneys
Re: debt collection
Do nothing until you get papers. Do not answer them or say anything to them about the debt. Just ask them to be certain to get you any legal papers they may be speaking about.
You, as the debtor, arwe THE person who may dispute the debt.
Good Luck
RRG
Re: debt collection
If you don't know who they are there is not much you can do...If you did get something in writing you could at least write back to them...based on the info you provided you should do nothing until you receive a summons and complaint. then go to court and file an answer that states that the statute of limitations has expired. DO NOT COMMUNICATE with the collectors by phone. If they call, tell them to stop calling and hang up. If they call back tell them they are violating the Federal fair debt collections practices act and ask for their name and mailing address...they should stop.
DO NOT MAKE ANY SETTLEMENT OFFERS OR ADMISSIONS ABOUT THE DEBT. YOU SHOULD ONLY DEMAND THEY PROVIDE DOCUMENTARY PROOF OF THE DEBT. IF THE DATES SHOW THAT MORE THAN 6 YEARS HAVE PASSED you are correct about the statute of limitations. IF you make even a one cent payment, you will RESTART the clock... If you admit any portion of the debt you will restart the clock...so DO NOT OFFER TO SETTLE, DO NOT ADMIT TO OWING ANYTHING AT ANYTIME.
NEVER NEVER NEVER make a deal over the phone. DONT ANSWER ANY OF THEIR QUESTIONS (like verifying your name, address, telephone number, ss#, etc.) DO NOT CONVERSE WITH THEM. GET IT? If they want something, tell them to send it in writing (you can give them a mailing address). That's IT
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