Results 1 to 8 of 8
  1. #1
    Join Date
    Feb 2012
    Posts
    5

    Default Contacted by a Debt Collector at the Wrong Address for an Old Debt

    My question involves collection proceedings in the State of: Massachusetts

    I was given a piece of mail in my name by a family member cause this piece of mail was sent to their address. Wasn't certified, 1st class sent. It came from a lawyers office based in this state in regards to a credit card debt. The problem is my current address is on file with the state RMV, and its not the address this letter was sent to. Certainly, a professional legal business should know better than to send a letter to the wrong address with insufficient proof of service. Why would they do that on purpose?

    Its very coincidental this is happening because ever since I opened up a secured credit line, used it responsibly with little usage, I have received some pre-approved credit lines in the last weeks by the same original creditor this law firm is representing.

    Why do these professional businesses play this kind of game and is someone willing to provide me with how I should handle this situation to the best advantage possible.

    I thank you for the responses and may the best be with you.

    PS
    I know I could dig up proof of latest payment over 7 years ago and from what I understand, That means this debt shouldn't be reported to any credit bureau anymore, correct?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    Quote Quoting whoareyou
    View Post
    I know I could dig up proof of latest payment over 7 years ago and from what I understand, That means this debt shouldn't be reported to any credit bureau anymore, correct?
    The last payment is not the default date. The default date would be when the next payment became delinquent.

    The derogatory item stays on your credit report from 7 to 7.5 years depending on variables that you can read about if you google the FCRA.

    The statute of limitations for a lawsuit in MA is 6 years so if you can verify for yourself that your default was more than 6 years ago, you can still be sued but you'll be able to raise an affirmative defense that the lawsuit is time barred.

    Your creditors have absolutely no obligation to hunt you down if they don't want to. They can send you mail to your last known address and, worse, they can serve a lawsuit at your last known address in the hopes that you don't respond and they get a default judgment. So, yes, they do it on purpose so you need to be vigilant and make sure that the family member gets mail to you as fast as possible.

    You might want to check all three of your credit reports at www.annualcreditreport.com and see if the item is listed.

    Also google FDCPA and consider sending the law firm a cease and desist letter. You can google that for samples.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    Quote Quoting whoareyou
    View Post
    My question involves collection proceedings in the State of: Massachusetts

    The problem is my current address is on file with the state RMV, and its not the address this letter was sent to.
    The Massachusetts RMV cannot give out driver’s record information to just anyone who asks. The rules for disclosure limit who may get the records and for what reasons. Getting address information to send you a collection letter isn’t one of the allowed reasons for disclosure. Simply put, the lawyer could not have gone to RMV to get that info. When it comes time to sue you (if they ever do) then at that point the RMV may release the records to the attorney. The law doesn’t require that a collector check with RMV before sending a billing notice either. They may send it to the last known address they have for you. If that was at your family member’s address, there is nothing illegal about that.

    If the debt is past the SOL, then you may raise the SOL as a defense if you are sued.


    Quote Quoting whoareyou
    View Post
    Its very coincidental this is happening because ever since I opened up a secured credit line, used it responsibly with little usage, I have received some pre-approved credit lines in the last weeks by the same original creditor this law firm is representing.
    That’s because the credit card marketing department of a lot of credit card firms sends out those letters to everyone who meets the criteria from the list that the credit bureau gave them. They don’t cross check that stuff with the collections department until after you apply for the new card. There isn't anything evil or nefarious going on here. It’s just bureaucracy at work. Every large organization has some bureaucracy issues, not just government agencies.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    Understand that they're not concerned with you as a person. They are working on a 'recovery' basis. The idea is to recover the money lost to deadbeats and sending letters like this has a pretty good return on investment.

  5. #5
    Join Date
    Feb 2012
    Posts
    5

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    Thank you for the responses.

    It now makes sense the bureaucracy thing, from my perspective having little inside knowledge it appeared to be a game being played on me.

    But I do wonder this, what if I did go forward with one of the pre-approved credit lines? I'm definitely not ready for a second credit card but i'm curious if that alone would "reset the clock" on my old debt. And how things would happen.

    So if I was still within SOL, what would be my best step?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    Quote Quoting whoareyou
    View Post
    Thank you for the responses.

    It now makes sense the bureaucracy thing, from my perspective having little inside knowledge it appeared to be a game being played on me.

    But I do wonder this, what if I did go forward with one of the pre-approved credit lines? I'm definitely not ready for a second credit card but i'm curious if that alone would "reset the clock" on my old debt.
    It wouldn't.

    Quote Quoting whoareyou
    View Post

    So if I was still within SOL, what would be my best step?
    Never mind the "what if" questions.

    Confirm the default date and report back to this thread.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    The statute of limitations is relevant only if you are sued. If it has run then a third party debt collector should not threaten you with a lawsuit, but they are free to continue to ask you to give them the money that you owe.

  8. #8
    Join Date
    Feb 2012
    Posts
    5

    Default Re: Statute of Limitations Defense Versus Verification for Zombie Debt

    well the default date was not as long ago as I had thought, but if we are going by the 180 days after last payment, it'd be 5 years ago.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Debt Collector is Demanding Payment in Full After a Missed Installment on a Debt
    By tapasman in forum Debts and Collections
    Replies: 1
    Last Post: 01-29-2015, 09:55 AM
  2. Division of Assets: Contacted by a Debt Collector After Divorce, My Ex- is Responsible for the Debt
    By firstbrewbar in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 10-28-2013, 10:57 AM
  3. Disputing Debts: Debt Deducted from Wrong Person's Account, Same Name and Address
    By SVT-Guy in forum Debts and Collections
    Replies: 32
    Last Post: 09-22-2012, 06:38 AM
  4. Debt Collectors: Contacted by Debt Collector Before Receiving Final Bill
    By John Lalani in forum Debts and Collections
    Replies: 2
    Last Post: 08-24-2012, 06:17 PM
  5. Debt Collectors: Debt Collector Tricked My Grandmother into Paying My Debt Without My Knowledge
    By antinomy in forum Debts and Collections
    Replies: 3
    Last Post: 12-24-2010, 09:59 AM
 
 
Sponsored Links

Legal Help, Information and Resources