question on a collection issue?

Question

Ok six years ago i had some big financial problems. i though i pd every thing offf. Then about 2 months ago i get this message on my machine this guy asking for me and he needs to discuss a lawsuit with me. I then called him back he asked for acase #, ssn#. he then claimed he works at a lawyers office . he went on telling me that i owe him4,900 right now. i told him i am unaware of this, he told me it was a wells fargo card i opened in aug of 2000. i told him i need to look into this more, he said too late buddy or i am going to see you in court, then you are screwed. i hung up the phone, then this guy called back and left a message saying you just did a stupid thing i am not going to rest until i see every penny of yours is gone. I then went right to my attorney and explained , he pulled my credit report and it is on there unfortuanlly it is there. my laywer told me not to worry he will send out some letters out, he told me i am close to SOL 6 years in my state. What is SOL

my lawyer claims it as a open account and i live in main. BTW my roomate deleted that message!

the only other recording i have is the one that he just says his name and he is here inregards of a case filed against you. you need to call me at 1-888 ect

Answer 1

SOL is the statute of limitations.

Keep that recording!!!!!!!!!!!!!!!!!!!

I cannot stress that enough!!!!!!

If the jerk does sue, use that as a counterclaim. He violated your rights.
Check your reports for any other violations. I'm willing to bet there are some. Use those in your counterclaims also.

Send him a debt validation letter immediately.

If you are close to SOL, as long as they file before the SOL is up, you will still have to go to court.

Is your lawyer basing your SOL on the written SOL or the open? (it should be based on open) What state are you in?

Yeah, Maine is 6 years on open.
Shame you lost that recording. But you still have any violations on your reports to fall back on - should you need to.

Answer 2

I think the other responders are getting a little overboard. Just calm down.

From what you have said your attorney is right on the ball, so let him handle it. He will send out some letters so the collection agent will be forced to contact him and not contact you at all (or he will be in violation of the FDCA and be in lots of hot water).

As mentioned, the SOL is the legal timeframe that a creditor has to sue you for a debt. The time begins from the day of the last transaction/payment. So it's very important for you to search around for any records related to that debt. You are very close to the SOL date, but it's not unusual for creditors to "re-age" the debt by changing the date to a charge off date, or reporting date. So it's very important if you could locate those old records of payments/bills.

If your attorney is really on the ball, he may know this already. That phone call constitutes the first contact between you and a collector. Legally they can not do anything for 30 days, giving you time to dispute the validity of this. A smart attorney will wait until the end of this period, then file the dispute. Once filed, the creditor must validate the debt by producing contracts, bills, receipts, and everything they used to calculate what they claim you owe.

They can't file a lawsuit until all this takes place, thus buying you about 2 months. That may be just what it takes to get you over the SOL period.

Have your attorney look into this....many states have various laws concerning it and I'm not sure how Maine does it.

DO NOT contact these people. Let your attorney handle it.

Answer 3

If you are saying this is on your credit report, then you most likely owe it.
However, there are many debt scams running around right now, even for debts that have been paid off more than 20 years ago.
You need to ask this company to provide you with a copy of your original contract, signature, and the date the account was opened.

If they refuse to do so, then I guess they will see you in court.
Get another attorney's opinion. The first guy doesn't want to help because there isn't much in it for him.
Also, it's against the Fair Debt Credit Collection ct (google it), for the creditor to threaten or harass you. If he calls again, record it, but let him know at the beginning of the conversation that it is being recorded. Otherwise, it is inadmissable in court. Also, get his ok on tape that it's ok to be recorded.

Answer 4

Do you remember opening an account with Wells Fargo ? if not it could be a scam and he got your SSN. and what ever case #.
You should have demanded he contact you via Mail.
You can dispute the clam with the credit bureau and they must investigate the claim or remove it.(this can buy some time if you are not sure of it)
Did you file a bankruptcy or a dept consolidation? as this could have strong bering on the situation ie.court order.
He may not even be from a Law office but just a collector posing as a lawyer. there are laws aganst such acts under FDCPA and Federal Trade Comission who is responsible for inforcement, Amarican Collectors Association etc.

NEVER EVER GIVE YOUR S.S. number to anyone

Answer 5

Probably stands for statute of limitations.

"A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, these provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods.""

Answer 6

"SOL"= **** out Luck"

i believe that you are a victim of a scam. please consult another attorney. get a fresh copy of your credit report and follow-through any disputed charges and pay-offs.
contact wells fargo personally and request transcripts of that call and give them to your attorney, that is if, they have any. they should, cause all calls should be recorded for security and satsifaction. please investigate....do not ever take the impulse to pay phone collectors...get proof!

Answer 7

when he called and you gave him your ssn, THAT'S WHEN he put you on the 'list'. you gave him ammunition to use against you. did you happen to get the name of the law office? if so, call them directly.
SOL= sorry, outta luck.