A law firm call my house that my wife ows them money..?

Question

ok i try talking to the guy this happen back in 2000 i just met my wife ok she was a independent woman with 2 kids fighting to be alright all her bills on time etc ect .now she became disable in 2002 due to bad knees and arthritis she only get 1 income and she try to pay her bills but she could not .now she did a credit report and found out after 6 years they call the house demanding some money we are married now that they want a couple of grand up front and she could make $50 bucks a month or we take her to court and he also said to me that we own a 2003 gmc envoy and that if we dont come out with some money that he is goin to put a lien on the car ..can they do that please i need help in this matter he was forcing me to talk to my credit union to see if i could get a loan from them to help my wife out he was kind of nie but at the same time he was not so . i live in massachusetts so please any advise from any one out there please HELP me thanks ..

the law firm says she ows like $13,000 and no she dose not own the gmc envoy we are still paying that off and we aoe close to $13,000...

Answer 1

If you are going to be able to deal with this issue you need to sit, order your thoughts and relax. I say this since you rambled and didn't use Caps. I say this because......

First of all anybody who calls or anytime you leave a message regarding this you need to write down what was said and who you talked to. This works amazingly to have this in court.

First of all it is a 6 year old issue. Now they are calling? So odds are it is not the original company calling but a collection agency. They know nothing except what the debt is. If the loan was on the car they would not be talking about a lien on your car. They would say they will take it if you don't pay.

Telling you to get a loan. Well if it's up and up they tell you that you owe and that's that. It is your business how you pay. Strong arming you (no matter how nice) is illegal. All in all something sounds sketchy here.

They can not put a lien on anything and it is a scare tactic. They could take you to court and get a judgement saying that you owe. Then they could go to court again and demand a garnishment or such. A lien against a car or house for a few thousand is not going to happen.

The loan has been written off already and as far as credit goes your wife is approaching the 7 year credit drop off.

So get details-
-What was the original debt and the companies name
-Get all of the info regarding who is calling you. Even if the original company sold off the debt if you go to court you can go to town as they have a company who is strong arming you. Liens? Take out a loan? It's illegal even if she owes.
-Call that specific company and confirm the debt. They may say that they don't have the info. Well enough time on the phone and you will find someone.
-If someone calls and threatens you well say at some point..... go ahead sue me. Odds are that will be the end of it. Get her credit report and deal with the company itself.

I rambled and did not really get into it but this question begs more detail. Plus it doesn't matter how much money you make the collection agencies and creditors bank on ignorance and people not sticking with it.

I got married a few months ago and I am the more financially minded. She was doing great and makes over $100,000 a year. I make $85,000. But in merging bills and such it turned out she was getting screwed right and left. The list is endless.... Verizon Tv and such an extra $900 a month in over charges. Once I got to it and after much phone time company after company was apologizing and even when nobody was sure about the bill they cut a deal. Could have just paid it all but no reason to be screwed.

It made me think. What if I was not making much money, trying to feed my family and needed every single dollar? One has to work and does not have hours to spend on the phone? They again bank on people not finding out all they need to know.

Get mad and even if she owes it........ you might end up having people owe you money instead of you owing.

Email me.... I'll work you through it.

Answer 2

Well first of all, you really need to get your own lawyer. There are so many variables.... If she entered into a contract with the law firm or lawyer, it is her debt not yours. If this is true in Mass, then any property you own jointly they cannot legally touch such as a vehicle, home, boats, bank accounts etc. Now, if the Envoy is in her name only, and its paid off they can place a lein against the vehicle. If the Envoy is encumbered (you have an active loan aginst it) and the balance is a better part of the value of the vehicle, they would be wasting their time, but that still may not stop them from placing the lein even though its stupid. If she is getting any type of money or assistance like food stamps, salary from work, Social Security they can attach those. If you have no ability to pay, then your kind of stuck. She can file personal bankruptcy and list them as one of the creditors, but then she will have difficulty getting financed for several years, and they still have the opportunity to fight the bankruptcy. This is not too bad if YOU do not file and can get credit needed to care for the family, but getting past them SOB's will be the trick there. I would not take out any loan on your own to bail her out. If you do that your essentially agreeing to pay them and then you place yourself in danger of being a collection target too. I would leave them do what they need to do and take you to court and let the judge decide what to do based on what your ability to pay is. That would be much more favorable than anything this law firm would come up with and you can get a court appointed lawyer for free. Remember, they will always slant the tables in their favor. What ever YOU do, do not agree to anything by YOU. Leave all agreements, if any are made, be made by her alone. If she wants to agree to a no lump sum up front, but $50 a month payment plan, fine, but you are not to be involved or sign anything.

Answer 3

First off, your state is "not" a community property state.
Anything that is in both of your names, or your name only, is untouchable - even with liens.

If she is on SS, that money is untouchable.

Depending on what type of debt it is, it may be possible that she is out of the collecting statute of limitations (SOL) on the debt - which means, if she is, it would be illegal for them to file a law suit.

Taxes, school loans, (government type debts) do not have a collecting SOL

Again - I said depending on what type of debt.

If it is for a credit card or a regular bank loan the collecting SOL in your state is 6 years for both written and open.

Mass. statute for collecting SOL:
Open Accounts :Written Contracts(Not Under Seal):Oral Contracts 6 Years
c.260, §2
Chapter 260: Limitations of Actions
Section 2. Six years.

Section 2. Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues


Be extremely careful in this. If she is indeed past the collecting SOL there is a statute that "may" place her back into the collecting SOL and allow them to legally sue.

If she acknowledges the debt or makes a promise to pay, in writing and signed, it may be possible that the SOL would be reset.

Chapter 260: Section 13. Acknowledgment or new promise; effect.
Section 13. No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby

Without knowing what type of debt it is, it's hard to really make any comments on what you might or might not do - other than recommend that you speak with an attorney.

In the mean time, you might click on my profile and go to the last link I have listed and do some reading in the credit forum.

Answer 4

Dont freak out because its the call is from an attorney. First ask your wife to talk to them when they call again, tell them that she wants everytying in writting. Then when they send you a bill in the mail send it back to them with a Debt Validation letter, you can find one at www.adviceontime.com this is here legal right, under civil law. Then if it is a legit debt they will ahve to send you all the items you requested in the mail.

Answer 5

i think of all of them could desire to be there. maximum are actually not. yet i think of this is by using the fact tenting in front of the white living house does not be allowed. Plus they someway do not blame Obama and Congress the place the guidelines are made. they only choose each and every of the wealthy bankers to circulate to detention center or some thing and then supply them money. a minimum of this is what it form of feels to be. relatively, maximum only choose to stir it up anyplace they are able to.

Answer 6

I would talk to an attorney that deals with bankruptcy and see what your options are. He can at least tell you what your rights are.