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  1. #1
    Join Date
    Oct 2010
    Location
    Austin, Texas
    Posts
    2

    Default Deceived by Zombie Debt Collector

    My question involves collection proceedings in the State of: TEXAS. I have lived in Texas all my life and still do. I have been getting calls from a junk debt buyer on my home phone and never answered them. The CC debt is from 15+ years ago, WAY past the SoL of 4 years in Texas. I recently received a call on my cell phone from an area code (not an 800#) and answered it (Big mistake) The man on the line began asking me questions, and named a bank that I had recently applied for a loan with, so I thought he was with that bank. He asked to verify my name, DOB and SS number, which I did, again thinking it was the bank calling. He then began asking me questions about an old CC debt that had been charged off 15 years ago. I said I knew nothing and hung up on him. But now I am worried that I may have said something to restart the SoL? Or that now they know they have a "live one", will try to come after me, and perhaps file suit even though the debt is time-barred? Also, I have read other horror stories of people who were KNOWINGLY served at a former address so that they would not receive the summons, and the debt collector would win a default judgement. I am worried about this, because my previous address from about 8 years ago is still listed on my credit report. I am thinking maybe I should talk to an attorney? What do you think?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deceived by Zombie Debt Collector

    How about sending the debt collector a notice that the debt is expired and that they are no longer to contact you about it.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Deceived by Zombie Debt Collector

    Bullwinkle is right. The debt doesn't go away after the SOL expires, but it just means they can't take you to court. Mail them (US MAIL) and tell them to not contact you.

  4. #4
    Join Date
    Oct 2010
    Location
    Austin, Texas
    Posts
    2

    Default Re: Deceived by Zombie Debt Collector

    An amazing thing happened today, after I posted my query I had a hair appointment. I got to talking to the woman next to me, and she said her husband is an attorney. She called him and asked if he would see me, so I went right over. He tells me that he will send them a request to validate this debt and that they have to reply. When they send the info, he will then send a letter stating that this is time barred, and that we will counter sue if they try any further collections against me. He said I can sue for punitive and actual damages. I am a single mom of a disabled child, so you can not imagine how much of a relief it is to hear this.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Deceived by Zombie Debt Collector

    What "actual" damages would they be?

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