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  1. #1
    Join Date
    Oct 2005
    Location
    Mississippi
    Posts
    1

    Default Ten-year-old speeding ticket is back

    Hi. I'm posting because I want to be sure this situation is legal and that my husband has no way to fight it. My husband was issued a speeding ticket in Mississippi during May of 1995. He was in the military and attending "A" school to learn aviation electronics. He was based in Tennessee and had a Missouri drivers license. He says he remembers mailing a check to the court house but beyond this it has been too many years to recall anything else. He remembers paying because he was new in the military and didn't want trouble from a civilian court and then a military court. Fast forward a little over 10 years to the present. He received a letter in the mail from a collection agency claiming he owes money for this ticket and an out of state late payment charge, as well. I have never heard of a ticket going to collections with no word of it for 10 years. My husband moved alot after joining the military and lived in many states and opened and closed many bank accounts because of it so he cannot recall anything from ten years ago. We don't have any records dating that far back that can prove he sent a check. Can they really do this? The letter states if they don't receive payment within 30 days (we rec'd the letter 21 days after it's dated!!) they will notify the county court and he could be held in contempt of court and issued a warrent for his arrest. The million dollar question I am asking myself is why hasn't that already been done? It seems they should have done that ten years ago. He called the courthouse yesterday and they said they have turned over some paperwork to a collection agency. They "pulled" up information from the ticket (not via computer) and the social security number is wrong. The first 3 numbers are not even close. The ticket is in Mississippi and we now live in Texas since he finished his time with an honorable discharge and we came back to civilian life. If anyone can assist me in determining if this can really be done and if we just have to pay a second time I would deeply appreciate it. Quite honestly I am in shock.

  2. #2
    Join Date
    Oct 2005
    Location
    Michigan
    Posts
    7

    Default

    it was always my understanding (no formal law schooling) if you haven't been contacted about a debt, any debt, in 7 years, it is no more.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Old Ticket & Collection Agency

    The ticket is a judgment debt, which conceivably could still be collectable. But if you are being contacted by a private collection agency, this would now appear to be an attempt to enforce the fine through a civil collection process, not through some form of court proceeding.

    I had a friend who received similar contacts from a collection agency. I sent the agency an "I'm her lawyer; send me proof of the debt; do not contact her again" letter. They ignored me and sent her another letter. I then followed up with a much more blunt letter, reminding them of their duties under the FDCPA and demanding to know why they had ignored my communication while directly contacting my client. Neither of us heard from them again.

    Certainly do take the time to dispute the debt, and otherwise restrict their actions, by asserting your rights under the FDCPA.

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