QUESTION
What can I do if my debt collector is charging me an unfair amount?
Asked on Aug 17th, 2011 on Bankruptcy - Virginia
More details to this question:
A debt company called me stated I had a credit card 1996-2001, went to court 2003 for a judgment of $10,000 against me. I was not notified. I know my limit has never been $10,000 so I will assume there are fees? The debt company says they are reopening my case unless I pay $10,000 asap. I asked for statements of my charges & they cannot give them to me, only they know I owe $10,000. What are my rights?
10 ANSWERS
Daniel James Wilson
I don't do debt collection defense so this is very general. You should research the state and federal Fair Debt Collection Acts. Just google them. Creditor is required to give you an accounting of the charges. Also, the statute of limitations may have run, making the debt uncollectable. There are a whole lot of bottom feeders in collections. They buy up old debt for very little and start calling debtors. You can also make them stop calling you by sending a demand in writing that they no longer contact you. As to the amount of the debt, its amazing how fast the interest piles up on defaulted credit cards. When you default the interest jumps way up, maybe 20%.
Answered on Aug 19th, 2011 at 11:14 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you already have a judgment against you it is too late to contest the charges. The judgment creditor can use all legal means to collect, including wage garnishment and bank levy. You might want to consider filing bankruptcy.
Answered on Aug 19th, 2011 at 6:27 AM
Samuel Lee Tucker
A debt that old is likely uncollectable. Usually judgments expire after seven years, but can be renewed. After a creditor obtains a judgment tour next step is a bankruptcy because creditors next step is garnishment.
Answered on Aug 19th, 2011 at 6:20 AM
Under the Fair Debt Collection Practices Act, you can request validation of the debt, in writing, be provided.
Answered on Aug 19th, 2011 at 6:12 AM
Glen Edward Ashman
The answer is the same as when you last asked this question. A judgment means you already lost the court case. See a bankruptcy lawyer who can review what options you have to deal with a judgment.
Answered on Aug 19th, 2011 at 5:31 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Your right is to dispute the debt in a court of law when they sue you and prove your case.
Answered on Aug 18th, 2011 at 5:18 PM
If they have a judgment, in Utah that judgment is valid for 8 years. If it has been more than years since the judgment entered, there may be nothing they can legally do. If it has been less than eight years, the judgment can be renewed for an additional eight years. Once a judgment has been obtained, it becomes the legal document for collection, not the underlying contract.
Answered on Aug 18th, 2011 at 5:16 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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If there is truly a judgment entered against you then there is nothing you can really about it since the court has already determined the debt is valid and set the amount you owe. You no longer have any rights. To set that judgment aside after so long on the basis that you were not served with the summons and complaint would be very expensive in legal fees and it might not even succeed. Therefore, you need to work out a settlement of the debt for a lump sum amount, a payment plan or consider bankruptcy as an alternative if you qualify. The judgment is good for 10 years and can be renewed. It goes up by 10% per year.
Answered on Aug 18th, 2011 at 1:51 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You may qualify for a chapter 7 bankruptcy or you can contest the judgment.
Answered on Aug 18th, 2011 at 1:23 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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He's bluffing, trying to scare you. If there was a judgment which you didn't get, and you still lived where your bills were sent, the judgment is no good. The debt may also be too old to be collected (statute of limitations). DO NOT acknowledge the debt in any way, or its validity will be renewed. If they call again, tell them to file suit or leave you alone. I think they'll run. If they do sue, they must prove the amount due, plus the validity of service for the judgment, plus proof that the debt is yours (your signature on the contract), plus proof that the statute of limitations has not run.
Answered on Aug 18th, 2011 at 1:08 PM