Problem:
I
was severely ill for several years. I could not work for medical
reasons. I had a few debts. The debt amount was more than $100,000. It
was not possible for me to pay off the debts because of shortage of
funds.
I filed bankruptcy to get rid of the debts. I filed
bankruptcy on 20th March 2000. I received bankruptcy discharge on 24th
July 2000. I was relieved to know that debts were finally paid off.
I
received a collection call in the last week. The debt collector told me
that I owe $5480 on a certain account. When I told him that all my
debts were discharged through bankruptcy, he flatly refused to believe
me. He told that this particular account was not included in bankruptcy.
I am at a loss. I live on Social Security pay-checks. What can I do in
this situation?
Solution:
A debt
collector can call you regarding a debt. He can call and claim that you
owe around $50,000 to them. This does not imply that you’ll pay $50,000
to the debt collector. Rather, you should ask the debt collector to
validate the debt in writing. As per the federal laws, the debt
collectors are required to prove that the debt is legitimate within 5
days of initial contact.
When
the collector will validate the debt, he’ll have to specify the debt
amount and the creditor’s name. The collector also has to state in
writing that you’ve the right to dispute the debt within 30 days.
If
you get a call regarding the debt yet again, then ask the person to
reveal his identity. Ask the person to state his name and the contact
details of the collection agency. Note down the information on a paper
and send the request for a validation letter in writing. If the debt is
really too old, then I don’t think that the collector will be able to
validate the debt. He has most likely lost the relevant documents.
The
collector has less chance to collect the debt. There is a simple reason
behind it. The debt is 12 years old. It has most likely crossed the
Statute of Limitations period in your state. This means you’re no longer
legally responsible for the debt. The collector can’t file a lawsuit
against you with the help of an attorney. In such a circumstance, you
don’t need to take any steps to make payments to the collector.
If
the debt was within the SOL period, then I would have advised you to
take advantage of the debt plans and pay off the account. However, the
situation is completely different in your case. So, you can very well
tell the collector that the debt has crossed the SOL period in your
state and you don’t have any inclination to repay it.
Finally, if
you’ve no problem, then inform the collector about the source of your
income. Tell that you’re living on the Social Security pay-checks, which
can’t be garnished by any means. If the collector pays no attention to
your words and calls you every other day, then just don’t pick up the
phone.
