If an old debt has been sold to a debt collector, what recourse do I have when they are attempting to collect?

Question

The debt was my husband's who passed away 12/12/06. The debt is approx 12 years old and there is no judgement

Answer 1

1. They cannot collect from a dead person
2. If it has been 12 years since last activity, the debt is most likely outside of the statute of limitation.
3. If it is, they have no legal way to collect from your husband's estate.
4. If they threaten you with jail, calling your job, your friends, relatives, and neighbors,record their telephone conversations.
You may be able to sue them for violations of the FDCPA (the penalties are $1000 a pop). Good luck.

Answer 2

If the debt was only in your husband's name and you were not a signer on the account, then the debt collector's only recourse would be to go after his estate for debts less than seven years old. Most won't bother if it's not a large sum. But if it's really 12 years old, then they'll actually have no recourse because even if you were a co-signer, bad debt will drop off your credit in 7 years.

I'd advise contacting the debt collector, explain that the debt belongs to someone who is deceased, and send them a copy of the death certificate. Don't answer any other questions or offer any other information - you're not obligated to do so. If this doesn't make them go away, tell them that you are going to record the call and that they need to stop their harrassment (use this word).

Good luck - sorry about your loss.

Answer 3

I am dealing with credit card problems as well and been doing a lot of research. Each state has its own statue of limitations on debt and how they can garnish wages from that particular debt. The length of time it stays on your credit report is different from the time they have to pass a judgement against you. I have a pasted a website below that someone else gave me when I asked a similar question and it showed me some answers. Choose the state where the card was issued and where you are currently living. The creditor has the right to choose the state laws they want to abide by - it will be the one that has a longer statue of limitiation (or higher wage garnishment). Follow up on this. Check out the "open" credit and see what the time frame is. It is based on the last day or payment to that company + 6 months + the amount of time listed for open credit for that state. If you never had a B of A then you really need to follow up on this! You should be able to beat this thing. They are required to send you a letter stating that a judgement has been made against you. I would check out the "one time free consulatation" with debt lawyers as well.

Answer 4

Well if your state is a community property state then your stuck with the bill.. But the statute of limitations has run out as far as any legal action is concerned.. I wouldn't be overly concerned with it. Just remember - a collectors best weapon is your own lack of knowledge of the industry. Tell them you know the account is past statutes and you will report any further attempt to collect to the Attorney Generals office.

Answer 5

The debt is the responsibility of your husband's estate. Tell the executor of the estate, as well as the debt collector.

Answer 6

Do not pay anything until you contact an attorney. The Statue of Limitations may have run out in your state by now. If you pay anything at all (and it has run out), then the time period can start all over again.