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Old Debt Collection question

Fudbelty

By Fudbelty
in Can You Help Me With This?

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Incredulity

Incredulity 11683

Posted
Posted
20 hours ago, Fudbelty said:

Anyone deal with debt collection or know someone who does? Have a couple questions. Don’t mind dropping some money for the help. Respond or pm me. Thanks.

Assuming its a smaller amount:  small claims, get a judgment, get judgment served, garnish wages.

 

It's a complete pain in the ass.

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hornian

hornian 5226

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Posted

Got a call the other week from a debt collector for a family member. They asked me to have the family member call. I started asking questions, they said they couldn’t answer. Couldn’t tell me an account number, how much was owed, etc. I asked why they were calling me, since I’m not the person responsible for the debt, I didn’t co-sign, etc. They claimed the person listed me “as a reference.”

After a couple of minutes I sarted asking for the debt collector’s info - the person calling’s name; company address, phone number; etc. The caller got very defensive and asked why I wanted that info. I told them “I believe this is a violation of the Fair Debt Collection Act and I’m going to be making a report to the AG.”

The caller got really quiet. I asked if they were still there. They said yes and asked if I could be put on hold so they could talk to a supervisor. 
 

When they came back on, they gave me their first name only (Fernando), the address, and phone number. And then they hung up. 
 

I filled out a complaint online with the AG and don’t expect anything more to come of it, but I’m sure that “Fernando” over there is shitting bricks, so at least I have that going for me. 

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TwiceHorn

TwiceHorn 31554

Posted
Posted
2 hours ago, Fudbelty said:

This debt is old enough to legally vote

Then it is most likely barred by the statute of limitations (the exception being if you made a payment on it more recently).

That means you can't be sued on it, but you can be harassed short of threatening suit.

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Fudbelty

Fudbelty 2791

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May as well explain here. Got a voicemail Monday saying there was someone serving a “pending lien order” on my home. I call back and it’s a debt from 04 I forgot about. I was caught off guard by the lien and judgment talk. Wasn’t sure what to do so I stalled on the phone and started looking it up. I saw Texas has a 4 year statute of limitations. Told the guy I’d call him back and hung up.



Edit: Pay your bills kids.

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Gil Bang

Gil Bang 26048

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Posted
52 minutes ago, Fudbelty said:

May as well explain here. Got a voicemail Monday saying there was someone serving a “pending lien order” on my home. I call back and it’s a debt from 04 I forgot about. I was caught off guard by the lien and judgment talk. Wasn’t sure what to do so I stalled on the phone and started looking it up. I saw Texas has a 4 year statute of limitations. Told the guy I’d call him back and hung up.



Edit: Pay your bills kids.

Tell them to fuck right off.  They have a "pending lien" like I have a pending appointment with Kate Beckingsdale's pussy. 

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DalTxHornFan

DalTxHornFan 3118

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Unless you have done something to affirm an old debt, the "tell them to fuck right off" advice is correct.  Any written communications about old, expired debt will have a disclaimer that says something to that effect.  The scum/scam debt collectors buy that shit for pennies on the dollar and send out a wide net hoping that some sucker will pay them.

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hornian

hornian 5226

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15 hours ago, TwiceHorn said:

Yeah, your only real risk here is that somewhere along the line they took a default judgment (where you were not notified or failed to answer).

And a lien will not attach to your homestead in Texas unless it is a mortgage lien.

Liens also have to be renewed every 10 years or they are invalid. So almost no chance he has any real liability. 

 

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Lidig8r

Lidig8r 1874

Posted
Posted
On 6/29/2022 at 8:46 PM, Fudbelty said:

May as well explain here. Got a voicemail Monday saying there was someone serving a “pending lien order” on my home. I call back and it’s a debt from 04 I forgot about. I was caught off guard by the lien and judgment talk. Wasn’t sure what to do so I stalled on the phone and started looking it up. I saw Texas has a 4 year statute of limitations. Told the guy I’d call him back and hung up.



Edit: Pay your bills kids.

Let's see ... taking a quick look at 15 USC 1692e, we may have violations of:

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt;

(2)The false representation of—

(A) the character, amount, or legal status of any debt; 
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
There are other possible state and federal statute violations as well.
[I used to represent debt collection companies in federal courts throughout the United States.]
I am embedding a summary judgment I got in federal court in Colorado on an FDCPA case:
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deadshank

deadshank 24653

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Posted
12 hours ago, Fudbelty said:

Seriously thanks.

And thanks for an the answers!

How much is the amount owed?  How did you get to  “I forgot about” the debt?   Did you not receive any sort of communication from the party that held your debt?  You don’t keep track of your debt obligations? Why didn’t you pay off you debt?

Not brow beating you but you’re a grown assed man.   

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CooterBrown

CooterBrown 18032

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How much is the amount owed?  How did you get to  “I forgot about” the debt?   Did you not receive any sort of communication from the party that held your debt?  You don’t keep track of your debt obligations? Why didn’t you pay off you debt?
Not brow beating you but you’re a grown assed man.   

Weird shit can happen. While at UT, I got a call from a collection agency about an unpaid load from Chemical Bank in Houston. I had never heard of the bank, much less had a loan with them. Turns out, they bought some deferred student loans from another bank and in that process my student loan had been converted to a regular installment loan. Never received notice about that or any payment coming due or being over due until a debt collector called.
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deadshank

deadshank 24653

Posted
Posted (edited)
3 minutes ago, CooterBrown said:


Weird shit can happen. While at UT, I got a call from a collection agency about an unpaid load from Chemical Bank in Houston. I had never heard of the bank, much less had a loan with them. Turns out, they bought some deferred student loans from another bank and in that process my student loan had been converted to a regular installment loan. Never received notice about that or any payment coming due or being over due until a debt collector called.

Understood.  Agree. 
 
Still seems odd about “forgetting” and then years later the debt wants to come in from the cold. 
 

Just trying to map how this debt got from on to off to back on the radar. 

Edited by deadshank
Chemical Bank means you’re old.
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Fudbelty

Fudbelty 2791

Posted
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Posted
How much is the amount owed?  How did you get to  “I forgot about” the debt?   Did you not receive any sort of communication from the party that held your debt?  You don’t keep track of your debt obligations? Why didn’t you pay off you debt?
Not brow beating you but you’re a grown assed man.   


How much is the amount owed?  Less than 4K from a car loan in ‘04
How did you get to  “I forgot about” the debt?   Not sure really how to answer this. Basically I wrote it off in my head. Yes I know this was wrong
Did you not receive any sort of communication from the party that held your debt?  Got collection notices and phone calls and you name it. Ignored it all.
You don’t keep track of your debt obligations? Not really
Why didn’t you pay off you debt? Was a dipshit. I’ve bought (financed) 4 cars since and bought (mortgage) two homes and it never showed up on anything.
Not brow beating you but you’re a grown assed man.   I get it. Not proud but at this point it is what it is. Can’t go back. Pay all my shit now. The company that reached out recently definitely bought the debt for Pennies on the dollar and was trying to collect.

Edit: I literally hadn’t seen or heard anything about this debt in the last 10 years.
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SquishMitten

SquishMitten 10444

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Posted

 
Just trying to map how this debt got from on to off to back on the radar. 


Pools of debts get bought all the time. This one could’ve been sold several times, and previous collectors deemed it to be unworthy of any efforts. Or this could’ve been the first time the debt was sold, and the new collector is making a run through the entire portfolio. I’ve had clients do this a few times. Since you answered the phone, they might call you one or two more times. If you don’t answer, I’d imagine your account will get moved into the trash pile again. They’re just fishing. There’s no reason for them to expend any real effort on an account that is uncollectible.
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Sawbonz

Sawbonz 27596

Posted
Posted
On 7/8/2022 at 12:44 PM, Fudbelty said:

 


How much is the amount owed?  Less than 4K from a car loan in ‘04
How did you get to  “I forgot about” the debt?   Not sure really how to answer this. Basically I wrote it off in my head. Yes I know this was wrong
Did you not receive any sort of communication from the party that held your debt?  Got collection notices and phone calls and you name it. Ignored it all.
You don’t keep track of your debt obligations? Not really
Why didn’t you pay off you debt? Was a dipshit. I’ve bought (financed) 4 cars since and bought (mortgage) two homes and it never showed up on anything.
Not brow beating you but you’re a grown assed man.   I get it. Not proud but at this point it is what it is. Can’t go back. Pay all my shit now. The company that reached out recently definitely bought the debt for Pennies on the dollar and was trying to collect.

Edit: I literally hadn’t seen or heard anything about this debt in the last 10 years.

 

How did the car not get repo’d? Was it an unsecured loan and you used the $ to buy a car?

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