Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Sunday, November 18, 2007
Iraq deployment and a debt collector
Questioner: Mike
Category: Collections Law
Private: No

Subject: debt collector
Question: QUESTION: I just returned from a deployment to Iraq (active duty airforce) my mother informed me that she got a phone call from a credit lawyer saying I owe money then I got a letter in the mail at her house (missouri) which she did not open she sent it back, I am worried that this letter might be a summons I don't know about, would they just send it in the mail or would it atleast be certified from the courts? I know who the collection agency is (AAC) and the debit is past the statute of limitations I did send them a SOL expiration letter but I sent this before my mother told me about the phone call and letter, but I am scared they summons me and there might be a judgement soon that I don't know about.

ANSWER: You need to go to the county courthouse and ask to see your public record. They will show it to you on a computer screen and you can check for any judgments that way. You should also ask if the public records for your county are available online and if so how do you access them. If there is a judgment against you then it should be voidable because you were serving overseas and they failed to inform the court of this fact.

---------- FOLLOW-UP ----------

QUESTION: I really appreciate your fast response; I have two last questions which county clerk, where I live(Georgia), where my mother lives (Missouri) (I was using her address when I was deployed, since I put everything in storage), my home of records (Florida), or where the collection agency is located on my old credit report (Delaware). My last question is since each of the State's SOL has expired and if they take me to court is the expired SOL a good defense? By the way I dispute these charges my ex-wife charged them up while we were separated and I did not know until a year later. The Last action on accnt was march '00 and the longest SOL is 6 years. Thanks again you are a big help.

Answer: If you can prove it then SOL is an absolute defense. When I was sued on a SOL debt more than 5 years ago I filed motion to dismiss and the lawyer dismissed his own case immediately. I wanted to do something to the lawyer at that time but was told by a highly regarded consumer activism lawyer named Libby Mercer who practices here in Oklahoma City that I could not sue the lawyer in Oklahoma. What she obviously didn't know was that I could have sued the lawyer and the collection agency for violation of FDCPA in federal court and would most likely have won the case. I didn't know it either at the time so just forgot about it and of course now I can't sue him because there is a one year statute for bringing suit under FDCPA.

Now I have another collection agency who started bugging me about the same debt early this month. I'm going to play with them for a while and let them rack up some violations and then try to goad them into filing a new lawsuit to collect the debt. That's when they will learn not to mess with this old geezer.

I haven't checked my credit reports to see if they have put it on there but they had better hope they never get that stupid because then I will also have cause of action under FCRA for illegal re-aging of the debt.

In the meantime I am having fun with them and their phone calls. On the last call I read them their Miranda rights by telling them that the call was being recorded and that they have the right to remain silent and anything they say might be used against them in a court of law. The lady was really surprised because she exclaimed "You are reading me my Miranda rights!" to which I replied "You got it lady!" and then the line suddenly went dead. (LOL). Of course, as anybody including her knows that those are the rights police read to you when you are arrested and have no legal place or valuer whatever in such a situation as a phone call from a debt collector but what the heck!!! It sure got rid of her in a hurry. (LOL) Didn't want to talk to her anyway.
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