a attorney called me and would say what it is about, what should I do?

Question

I had a attourney call me but they would not say what it was about (voicemail). I suspect it is for a old credit card debt I was not able to pay 10 years ago.

Should I call? What should I say? Or should I just call a attourney?

Seem like some sort of trap to me.

Any help would be greatly appreciated.

Answer 1

If you defaulted on the credit card 10 years ago, then you are past the collecting SOL. Credit cards are open accounts and there is no state that has a collecting SOL for 10 years on an open account.

While they can continue to try to collect after a debt passes the collecting SOL, they cannot legally sue for that debt. (but, never trust a collector since they generally do not care if what they do is legal or not)

If they call again and mention it is for that account, ask them their mailing address then hang up.

Then you can either send a debt validation letter followed by a SOL letter (which creates a paper trail)
Or you can jump straight to a SOL letter.

You might do some reading in the links I have listed in my profile - to the FDCPA (yes a collecting lawyer must abide by the FDCPA) the FCRA and especially the last link to find your letter templates and other info.

Answer 2

You said an 'attorney' called. Did they leave a "number to refer to" when you call? Like a case # or something?

Several years ago a collection agency was calling ME and accusing ME of being the gal they were looking for. It was actually for a friend's daughter who used MY phone # for contact info without my permission! I hadn't seen her for about 5 years, and had no knowledge of where she was at.

If you have the phone #, maybe you can call information or the phone company or look it up online to verify who ths # belongs to? The name of the company / firm / etc? OR, maybe you could go to a pay phone (don't use a public phone), call and see how they answer? Then ask for someone, and "Oops! I must have a wrong number! Are you SURE this isn't "Shirley's" #?" Try to get info, but hang up before you get caught up in a conversation.

AN OLD CREDIT CARD DEBT?

YOU BETCHA!

It COULD be a collection agency trying to collect on a 'ghost acc't'.
They've been doing this for a few years now. Even if you filed bankruptcy, they can still come back to haunt you! I've read about it on BankRate.com and other sources several times.

I can't remember the exact term they use (sorry), but it's "ghost ______ (something)". (I think they DO call them "ghost accounts".)

What they do is take really OLD unpaid debts, resurface them, call and try to collect. AGAIN.

HERE'S THE TRAP: If you even say you will pay ANYTHING - even one cent!!! It opens up collections all over again. And now it becomes "legal" collection all over again. Opens a whole new can of worms all over again.

Best way to handle - If they call and immediately say your name, ask "WHO'S CALLING?" (Don't verify yourself until you get what YOU want from THEM) Have them repeat it as many times as necessary in order to write it down (you know, they all just rattle stuff off so fast). Try to get the company name, phone #, and name of person calling (first and last) and a badge or I.D. #.
Once you get the information - (IF you get the info!) Ask who they are calling for and what it is in regards to.

Do NOT admit to ANYTHING. do NOT try to EXPLAIN anything. Just tell them to do not call you again and hang up. Have pad and pen by phone, and write down date, time of each call.
This is if it IS a collection agency for an old debt!

Now, if it is indeed an attorney...of course, you need to figure out what that is all about. If it is an attorney's office, they shouldn't be evasive.
If it was an attorney, you could always call the number and just say that you got a msg on your voicemail, and you were wondering who this is and what's it about? You don't need to identify yourself.

Did you maybe witness an accident? or something? (Maybe someone wrote your license plate # down and they tracked you?)

Good LUCK!

Answer 3

It is against the law for a collection company or finance company to misrepresent themselves as attorneys, police officers, etc. This does not stop many of these companies from doing this but you would have to believe most do abide by the law. It wont hurt to call back and speak with them. If you cant pay it is not going to hurt to speak with them. If they are in the process of taking you to court you want to know what is taking place. If it goes to court and you are not present the creditor will be awarded the judgment. This is when they can request things such as garnishments.

Answer 4

Run this as a regulation question and that i particular want that this witness is for the prosecution's case particularly than the defenses. She has basically been commonly used as a creditable witness indoors the jury's eyes. that may not basically this form of witness which may be stated as, yet is this form of witness that should sway a jury if used in a tribulation properly. Trials are the two an attempt on the certainty, with a dramatic play of the information. Jurors may be swayed with the aid of the two the certainty or the practice.

Answer 5

The can't really give a lot of information about the debt, due to FDCA rules.....

Go ahead and call them up.

DO NOT give any more information then possible.
DO NOT give Social security number, bank or employment info
DO NOT admit to any debt
DO NOT commit to any payments
If possible, record the call. If not, get someone to listen in on the conversation.
Get the name/time/date of who you are calling.
If this does regard a past debt, immediately dispute it with this person (he may not even be an attorney, most likely just your average run-of-the-mill collection agent).
DEMAND that they send you validation of this debt. That means you want ALL of the following.....Written contract, bills, receipts, copy of last billing statement, copy of demand statement, proof this is within statute of limitation, proof they have a legal right to collect on this debt.

Get the name and address of the collection agency, attorney, and original creditor.

And that's it! Follow up this call with a certified letter to them again demanding validation.

Then sit back and wait. If they don't send this information ignore them. Once you have informed them of your request, they can not continue debt collections until they send it to you.

Contact me if you have further questions.

Answer 6

Do not call. But check your credit report to make sure it's clear. In this day and age people can steal your ID and rack up huge credit card debts before you know it. You can check your credit for free, once a year at this site: www.annualcerditreport.com.

Answer 7

No, do not call. A 10 year old debt is nothing to worry about now. Way too old for them to bother with.
Did he/she call you by name? Might have even been a wrong number.

Answer 8

Yup... will just be someone trying to get your address for their debt collection service I'm sure... happened to me a year ago, which was good, that's how I finally found out who to pay.

Answer 9

Call your attorney if he wants to make any deals (let your lawyer sort things out for you) ............. don't sign anything and don't give personal information including your passport (photocopy,etc) credit account numbers and anything to do with money. He called you so he is supposed to know who he/she is contacting.

Answer 10

it's a trick of some sort. do not return the call and if he reaches you in person tell him not to call your number again.