Is their a thing as Millecious Intent to Fraud when dealing with Credit Card Debt?

Question

I just recieved a call from a law office who told me that they have a bill from a credit card company from 1994 that is from me. They said if I do not pay the full amount immediately then I will be served with a warrant for court and be charged with Mellicioius Intent to Fraud. Can I do something to stop this. I cannot pay the full amount. I had no idea that I even had this bill since it has been so long!
Jon H.

Answer 1

If the last time you paid on the account was in 1994, they are trying to collect on a time barred debt. There is no state that has a credit card collecting SOL for that many years

Also, per the FTC, using threats to get you to pay is ILLEGAL !!!!!

FDCPA
§ 806. Harassment or abuse [15 USC 1692d]
§ 807. False or misleading representations [15 USC 1692e]
§ 808. Unfair practices [15 USC 1692f]

Unfortunately if you don't have anything in writing or on tape, there isn't much you can do about it as far as suing.

You might file complaints with the BBB, FTC, the AG's in your state and their state and the state bar association in their state. (in fact it probably wouldn't be a bad idea to contact their state bar association to find out if they even have a license to practice under the name they gave you)

Write down every detail that you "truely" remember. Who you spoke with, when they called (date & time) What was said. etc.
Don't add anything to it that was not said.

Order your credit reports to make sure they are not reporting. If they are and the debt was from 1994, you can sue them for re-aging.

If they are reporting, file disputes with the CRA's

Find out exactly when your last payment/charge was on that account. Look in my profile for the SOL link to check the SOL in your state.

Send the law office (if they are a law office) a debt validation letter.
Send everything certified mail return receipt.

After you receive a response or 35 days have passed since they signed the green card from the cert. mail (whichever comes first) and if it has been that long ago, send them a SOL letter.

You might click on my profile and do some reading on the links I have listed - to the FDCPA, FCRA, etc.
Learn your rights and learn how to use them.

Answer 2

Debts older than a certain number of years years cannot be collected, as long as you haven't paid for that number of years. If you pay them, even a little bit, you acknowledge that you owe them the money. If you are very close to the the statue of limitation, then don't pay them. Don't say you intend to pay them. If they continue to call, ask for a street address or phone number to call them back, after you investigate the matter, to see if the debt is yours. You then do a reverse lookup, and call the FTC. The scam they are pulling is illegal, and they can get fined for it. Also, record phone conversations with them. It's illegal to use threats over telephone for debt collection. Also, get a copy of all three of your credit reports. If they have added the old debt as new debt, they are committing fraud, not you! In that case, you need to have a cease and desist letter drafted, and contact your state's AG office.

Answer 3

It's a scam. I've seen this before. If they call again, tell them you are aware its a scam and you will be referring their contact information to the police.
Extra notes - A long-standing debt would be first referred to a collection agency. You would NOT go 13 years without hearing about it, you can be sure. The statute of limitations on intent to defraud is only 7 years in the US. Finally, "malicious intent to defraud" is not a charge that would be applicable to an outstanding credit card debt; it's a charge relating to defrauding investors.

Answer 4

If it was back in 1994, then chances are the SOL (statute of limitations) has already expired for this. On the link I've provided below, click on the link for the state that you live in.

http://www.fair-debt-collection.com/statue-limitations.html

Answer 5

Jerks, they are just trying to scare you into paying.

Most likely this debt is way past the statute of limitation (SOL).
If it is, they have no legal way to collect from you, and the only thing they can do is use scare tactics and relay on your ignorance.

For the SOL in your state check the link below:

http://creditinfocenter.com/rebuild/statuteLimitations.shtml

Collection agency who attempt to collect on out of statute debt often use scare tactics that are violations of federal law (check the FDCPA).

Good luck.

Answer 6

nicely, it must be many motives. consistent with possibility they are sensible and continuously notice for 0% provides, and carry that on an identical time as paying off their loan. or consistent with possibility they are very beneficiant, provide a great number of money to church homes and persons, and specifically situations ought to acquire debt. or consistent with possibility they are disobedient or frivolous with their earnings, and spend greater effective than they make. There must be a great number of motives, none of that have something to do with something.

Answer 7

Check if the statute of limitations has passed, if so tell them to piss off.