It's illegal for him to tell anyone about the debt, and it is illegal for him to threaten you... except for notification of a lawsuit IF he is really suing you.
Every time he calls and threatens you, politely tell him he is breaking Federal law, and you will not talk to him unless he treats you with respect and follows the law. Then hang up the phone.
People should pay their bills... if this is a legit debt, you should settle. After 8 years, he will probably settle for 10% on the dollar.
The guy is a bottom feeder. Dont worry about it. And if he does violate the law, sue the crap out of him.
2007-11-13 15:52:42
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answer #1
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answered by Mike 6
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This debt is 8 years old and would have fallen off of your credit report by now. Statute of limitations is 7 years.
No, he can not get you fired.. its illegal.
If you do want to get it taken care of, which they CA
N NOT sue you or garnish wages due to the statute, then see if they will settle the debt with you. Some companies will settle for less that the original balance of $8K.
But for real.. this is ridiculous, he is harassing you. You do have rights. Check out the Fair Debt Collections Act for your rights (link below). It will tell you what a collector can and cannot do.
*EDIT*
Please realize this, lawyers and judges fail to tell people who are getting a divorce this very important rule. If you signed a promisary note or an account agreement for a credit card, that prom note supercedes any judges dission on who pays the debt. You will still be solely responsible in the credit cards companies eyes. If she was joint on the account, she is equally as responsible.
2007-11-13 16:06:03
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answer #2
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answered by collctor2 3
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See the links listed as the source -
Next time he calls, tell him you are recording the conversation and you can push "MEMO" on your answering machine and it will record it - tell him that threatening to get you fired is again the Fair Debt Collections Practices Act and you can sue for it.
Were you on the account with your wife? If so, you are just as responsible as she - no matter what your divorce shows. If the divorce shows she is responsible, after you pay it off, you can sue your ex for what you paid. If you were just an authorized card user, you are not responsible. Most collectors- once the account is that old, if you have the money and can offer them half, they usually will accept it. Do not send anything to them until you receive in writing that they agree the amount will satify your entire debt. Make sure it says "PAID IN FULL". Do not give them access to your account - they will clean you out. Once you receive it in writing, send them a cashier's check.
Good luck.
2007-11-13 16:13:27
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answer #3
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answered by Hydrox 1
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That is exactly a point that most professing Christians fail to understand. If you keep on sinning the bill keeps coming due. Hebrews 6:4-6 KJV For it is impossible for those who were once enlightened, and have tasted of the heavenly gift, and were made partakers of the Holy Ghost, (5) And have tasted the good word of God, and the powers of the world to come, (6) If they shall fall away, to renew them again unto repentance; seeing they crucify to themselves the Son of God afresh, and put him to an open shame. Romans 6:1-2 KJV What shall we say then? Shall we continue in sin, that grace may abound? (2) God forbid. How shall we, that are dead to sin, live any longer therein? Hebrews 10:26-29 KJV For if we sin wilfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins, (27) But a certain fearful looking for of judgment and fiery indignation, which shall devour the adversaries. (28) He that despised Moses' law died without mercy under two or three witnesses: (29) Of how much sorer punishment, suppose ye, shall he be thought worthy, who hath trodden under foot the Son of God, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace? Matthew 5:17-20 GNB "Do not think that I have come to do away with the Law of Moses and the teachings of the prophets. I have not come to do away with them, but to make their teachings come true. (18) Remember that as long as heaven and earth last, not the least point nor the smallest detail of the Law will be done away with---not until the end of all things. (19) So then, whoever disobeys even the least important of the commandments and teaches others to do the same, will be least in the Kingdom of heaven. On the other hand, whoever obeys the Law and teaches others to do the same, will be great in the Kingdom of heaven. (20) I tell you, then, that you will be able to enter the Kingdom of heaven only if you are more faithful than the teachers of the Law and the Pharisees in doing what God requires.
2016-04-04 00:04:54
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answer #4
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answered by Anonymous
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I would talk to a lawyer and get a cease and desist order written up on this guy. PERHAPS if the debt is not settled AND it was determined after the divorce that you were responsible for paying it off, he could garnish your wages. But the whole business about inviting you over to his place and threatening you sounds unethical and probably illegal.
If you truly do owe this money, talk to a reputable financial counselor of some sort and determine what is the best way to settle the debt, or have it written off if it hasn't already been written off.
2007-11-13 15:55:25
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answer #5
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answered by Don M 7
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One: Get the collector name, address, and phone.
two: Let him know what he just did is against the law. You can then call the police, this is a form of extortion.
Three: Write the collection company a letter stating that you want them to Cease and desist from contacting my work. Make sure you send it registered mail.
four: Go to staples or office depot and find a area that helps you to write letters for credit/collection companies.
You might want to dig up the proof that its your wife's bill and send it in the letter. What he said is against the law, that's a threat and or extortion. You might want to get a phone recorder, and play it back to him. Then say, I will get you the info that the bill is my wife's OK.
2007-11-13 16:57:42
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answer #6
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answered by Anonymous
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At this point, after that period of time, to fire you for a bill is illegal, unless it were determined that the bill was illegally created, such as check fraud ...
This is a case of him needing to be recorded and reported to his company. I cannot put my hands on the info, but this is harassment and is illegal.
The only way your company can fire you for money owed is if you broke the law in creating that bill, then you could be found to be a felon and they could probably say you lied in coming to work for them, since most companies do ask in writing, if you have ever been convicted of a felony.
You have not and it is not, so no, he cannot get you fired.
Truth be told, he works for a company that buys old "paper" or debts for pennies on the dollar and then tries to collect anything on it, for a profit. If you offered him 500.00 he will jump on it, eventually.
Your initial debt, or your ex-wife's debt, was written off as bad debt and a tax write off years and years ago. I would tell him to kiss off. You probably have it covered in your divorce papers, but the point is, he will settle for a little bit of nothing.
Good luck.
2007-11-13 16:02:19
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answer #7
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answered by paigespirate 4
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After 8 years he legally can't post to your credit report. You also have the right to tell him not to call you at work. He can't ask that much more over the old account. If you do decide to settle before you give a dime get it in writing and deal only with his supervisor. If you cannot speak to a manager no deal. You can get him fired just because of his illegal activity. Don't fall for it. Request no one calls you they can only mail request from now on.
2007-11-13 17:37:40
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answer #8
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answered by Anonymous
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Those pesky bill collectors will say or do anything to try and make you pay. He cannot have you fired and I would question the validity of this debt after 8 years and one belonging to the ex wife.
It is against the law for him to contact you at work and if he starts this, ask that he please refrain and if he does not, consult a lawyer. You could sue his company.
2007-11-13 17:13:21
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answer #9
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answered by drewxjacobs 6
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Go to creditinfocenter.com and find out what the statute of limitations for debt is in your state (and the state where it was opened if different). If the statute of limitations has passed, the next time he calls explain to him that the statute of limitations for that debt has passed and if he continues calling that you'll consider it harassment. (Don't threaten to do anything, and don't let him turn your words into that you made a threat).
You shouldn't worry about it. After 7 years, it no longer appears on your credit report. The threat that he could get you fired is just an idle threat.
2007-11-13 16:33:52
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answer #10
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answered by shoredude2 7
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