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  1. #1
    Join Date
    Jan 2010
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    13

    Default 15 Year Old Debt

    I'll sum this up quickly guys. When i was a college student around 1994-96 or so i got a credit card. i went over my balance which made my payments higher. I couldnt afford it so i stopped paying on it. over time i forgot about it until receiving a letter around 2004 or so saying i owed around 3500 dollars. the credit card initially had a limit of 1000 dollars. at the time i stopped paying it was probably around 1100 in 1996 or so..i signed those papers i think which said if i didnt pay they would garnish my wages. I changed jobs so nothing ever came of it. I again get the letter saying i had to pay or face garnishment around 2008..they threaten to garnish my wages, take my checking account if i dont pay in full. the only deal they give me is like 300-400 a month which is totally out of the question right now. the debt has risen to around 4500...my question is, i understand this is a debt. but i fear putting any sum of cash into a checking account and it's causing a huge hassle with day to day living. is there anything i can do in order to put money into a checking account? or do i take the chance of them taking it..I started a 2nd job a couple years ago and they immediately garnished that check. I believe the reason they dont garnish my primary job is because i have 2 deductins already being taken out. I'm sure there is a law that if a certain % is taken out then you cannot touch. In summary, i need help getting to the point where i can be comfortable about putting money into a checking account. Even still i figured since so much time has passed i should be able to get rid of this debt without paying so much at once..

  2. #2
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    Jan 2006
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    38,867

    Default Re: 15 Year Old Debt

    if they were garnishing an account, they already have a judgment against you.
    You would have had to have been sued for them to obtain an judgment.

    as such, if your unmentioned state allows garnishment of your checking account, it will never be safe to put money in a checking account until the judgment is paid or it has expired, which I have no idea as to how long it would be since you did not mention what state is involved.

  3. #3
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    Jan 2010
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    Default Re: 15 Year Old Debt

    the state is alabama

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: 15 Year Old Debt

    The statute of limitations for collecting a debt has long passed. Therefore, this company is trying to intimidate you. They have probably purchased this debt for a few pennies on the dollar and they use very agressive collectioin techniques. If I were you, I would ignore them. They will go away. Under no circumstances should you sign anything other than a demand letter telling them to go away.

  5. #5
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    Jan 2006
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    Default Re: 15 Year Old Debt

    Quote Quoting Bubba Jimmy
    View Post
    The statute of limitations for collecting a debt has long passed. Therefore, this company is trying to intimidate you. They have probably purchased this debt for a few pennies on the dollar and they use very agressive collectioin techniques. If I were you, I would ignore them. They will go away. Under no circumstances should you sign anything other than a demand letter telling them to go away.

    did you happen to notice they had already garnished his paychecks from a 2nd job he had. Any idea how to do that without a court judgment?

  6. #6
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    Jan 2010
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    Default Re: 15 Year Old Debt

    Quote Quoting jk
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    did you happen to notice they had already garnished his paychecks from a 2nd job he had. Any idea how to do that without a court judgment?
    i dont know much about this type of stuff but it seems a tad unfair to come after me so aggressively over a debt from card that was opened 15 years ago.. compared to other cases, i'm sure this is nickels and dimes. I honestly dont know where to turn. the local lawyers here dont know anything about this stuff. a lot of the terms you guys use they never heard of. i'm in the auburn al area..

  7. #7
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    Jan 2006
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    38,867

    Default Re: 15 Year Old Debt

    make this easy:

    were you sued? Was the creditor awarded a judgment?

    that will make a huge difference to what actions are available to you and what you should or can do.

    by what right did the garnish your paycheck? Was the employer presented proof of a judgment against you?

  8. #8
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    Jan 2010
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    Default Re: 15 Year Old Debt

    Quote Quoting jk
    View Post
    make this easy:

    were you sued? Was the creditor awarded a judgment?

    that will make a huge difference to what actions are available to you and what you should or can do.

    by what right did the garnish your paycheck? Was the employer presented proof of a judgment against you?
    i'm trying man.. i dont know a lot about what happened. i dont remember getting a letter about a garnishment, it just happened. my employer never said anything about it to me. whether or not i was sued, or if they were considered a judgent, i have no idea. I havent received one piece of mail about any of this other than that first letter sent me which i'm guessing was the letter stating they were sueing and a letter threatening to garnish wages or accounts. thats all i have ever seen in the form of a letter. there was 1 phone call. they called me. I tried to negotiate but they'd only do it on their terms which if i could afford to pay that much i could almost pay it off. they said they made efforts to make a deal through letter but i never saw one..sorry i cant be of much help as far as info goes.

  9. #9
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    Jan 2006
    Posts
    38,867

    Default Re: 15 Year Old Debt

    I didn't mean to sound angry to you. It was just that you said actions were taken that would require a judgment to have already been ordered and bubba jimmy was suggesting taking action as if you had not. Just ignoring them if the statute of limitations has passed is no big problem. If there is a judgement, ignoring them will not generally hurt you but since the judgement allows them to take certain legal actions to attempt to claim the money and that is why you are here, it would be a good idea to figure out which it is.


    so, you need to find out if there is a judgment against you. If you have lived in the same place or the same county at least, you should be able to find such info at the courthouse. If you have moved around, you might have been sued in any county you lived in.

    If you cannot find the info that way, you might ask the other employer about why he gave them your money. He can't do it just because somebody asks. There has to be legal support that allows the creditor to demand the money.

  10. #10
    Join Date
    Jan 2010
    Posts
    13

    Default Re: 15 Year Old Debt

    Quote Quoting jk
    View Post
    I didn't mean to sound angry to you. It was just that you said actions were taken that would require a judgment to have already been ordered and bubba jimmy was suggesting taking action as if you had not. Just ignoring them if the statute of limitations has passed is no big problem. If there is a judgement, ignoring them will not generally hurt you but since the judgement allows them to take certain legal actions to attempt to claim the money and that is why you are here, it would be a good idea to figure out which it is.


    so, you need to find out if there is a judgment against you. If you have lived in the same place or the same county at least, you should be able to find such info at the courthouse. If you have moved around, you might have been sued in any county you lived in.

    If you cannot find the info that way, you might ask the other employer about why he gave them your money. He can't do it just because somebody asks. There has to be legal support that allows the creditor to demand the money.
    ok, i'm going to contact the courthouse of the last 2 counties i've lived. has to be one of them..will they be able to give this info over the phone? and when i get to the correct dept, do i simply ask if anyjudgements have been made for me? thx a lot for your help BTW

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