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What to Do if Contacted by a Debt Collector About Zombie Debt

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  • 07-05-2017, 12:02 AM
    Purple_Daisy
    What to Do if Contacted by a Debt Collector About Zombie Debt
    My question involves collection proceedings in the State of: Missouri

    QUESTIONS:

    1. I have zombie debt past SOL and now I'm receiving new collection letters from new CAs. I guess my zombie debt was sold again. I did not open the letters as soon as they arrived, so now it's longer than the 30 days for me to contact them for verification/dispute. Does this mean I must wait until they send another letter and then promptly send my response? I can't send my letters because I'm outside of the 30-day window?

    2. Date of Service on one of these letters is 12/08/1999. That's the last time I had any contact with the original company I owed. It's now 07/05/2017. Do I respond with a letter asking for verification? Or do I say, "This is obviously past the statute of limitations. Leave me alone"? Or do I go through the steps with all of the letters as recommended in other threads here? What would they send back to me? For example, in this case they would say the date of service was 1999 and I'd reply that this is way past Missouri's 5-year SOL, and that should drop it?

    3. Just ran my credit reports. The zombie debts did not show up on the 2017 reports or the 2016 reports. They did show up on the 2015 reports. Since they no longer show up on my credit reports (but letters are still arriving from CAs once in a while as the debts are sold), I can't demand that they remove them from my credit reports. Or do I need to state something else? Is there a mysterious back-end of the credit report that companies can see and consumers can't?

    BACKGROUND:

    I had 4 credit card judgments against me in 2008. At that time, each was already past their SOL but I was too young and stupid to realize this and just didn't show up in court. I should have gone to court and pointed out that they were already SOL.

    It is now 2017.

    Right after the judgments and for a couple of years following, the CAs would attempt to take the money right out of my bank accounts. My bank's policy is to NOT let anyone take money out if the bank customer is receiving child support, unemployment, or disability. I was receiving child support the entire time, and unemployment for part of them time, so they didn't get their money that way.

    Over the years, I would occasionally get a letter demanding payment but I always ignored them.

    Now I would like to clean up my credit.

    The last job listed for me on my credit reports was the job I had in 1998. I have not had any reason to apply for credit since that time. I've lived in a house owned by family, so now rental application or mortgage app. I've paid cash for all vehicles since 1997. So I have zero credit, basically, as I approach middle age. Ugh.

    THANKS!
  • 07-12-2017, 07:10 AM
    Mr. Knowitall
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    You can send the debt collector a notice to stop contacting you about the debt. From what you have told us, however, we are now talking about judgment debts for which the statute of limitations has not run. If you chose not to raise the statute of limitations defense when you were sued, even if you would have prevailed on that basis, you waived the defense and the judgment is valid.
  • 07-12-2017, 07:33 AM
    free9man
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    Are they contacting you about the original debt or the judgments that were issued by a court in 2008?
  • 07-12-2017, 08:11 AM
    adjusterjack
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    Quote:

    Quoting Purple_Daisy
    View Post


    Now I would like to clean up my credit.


    Unfortunately, judgments in MO are good for 10 years and can be revived for an additional 10 years.

    http://revisor.mo.gov/main/OneSectio...&bid=27859&hl=

    You might have to pay them off to clean up your credit.
  • 07-12-2017, 08:44 AM
    Taxing Matters
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    The statute of limitation period is the time that the creditor has to file a lawsuit against you. If the creditor has already obtained a judgment against you, the statute limitations won’t apply. Instead, what matters is how long the judgment lasts. Judgments can last a very long time. So if they are collecting on the judgment, it is possible that the judgment is still good and, if so, the person holding the judgment could use whatever enforced collection your state allows.
  • 07-12-2017, 05:19 PM
    Purple_Daisy
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    Quote:

    Quoting free9man
    View Post
    Are they contacting you about the original debt or the judgments that were issued by a court in 2008?

    The letters are about one of the judgments against me, but they do not reference the judgment. They refer to the original debt by its name and date. No mention of the judgment.

    Are they trying to make me pay it twice? Once with the judgment and now after being sold to someone else?
  • 07-12-2017, 06:19 PM
    adjusterjack
    Re: What to Do if Contacted by a Debt Collector About Zombie Debt
    Quote:

    Quoting Purple_Daisy
    View Post
    The letters are about one of the judgments against me, but they do not reference the judgment. They refer to the original debt by its name and date. No mention of the judgment.

    Doesn't have to mention the judgment during the dunning process. But you can bet that the judgment will be referred to if the matter is brought to court for enforcement.

    Quote:

    Quoting Purple_Daisy
    View Post

    Are they trying to make me pay it twice? Once with the judgment and now after being sold to someone else?

    How can you be made to pay twice when you haven't even paid once?

    :confused:
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