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hancock1230 · Feb 20, 2007, 08:32 AM

I have a old credit card debt made by family members, from maybe 8 to ten years ago. Someone called by family and informed then at a warrant had been issued for my arrest and that I need to contact them.I called and I was going to pay it, the guy scared me by asking only for my bank account number. Only by phone and demanding it right away. If I am responsible, I want to take care of it. With id theft going on, not my checking account by mail. I moved from the address that they have on file. I want to pay any debt that I might have, My life has changed from ten years, I want to make amends. But not used. I know the old debt was less then $500,now it is more then $3500.Advise please

excon · Feb 20, 2007, 08:47 AM

Hello hancock:

Do NOT talk to them on the phone. Do NOT give them ANY information about yourself. It's illegal for them to talk to your family. It's illegal for them to say you're going to be arrested. The statute of limitations has run out so they CAN'T sue you.

Write them a letter. Send it certified, return receipt requested. DEMAND (do not ask) that they STOP ALL illegal activities regarding this account. Tell them that you are familiar with the Fair Debt Collection Practices Act. Tell them that know the penalties for continuing violations are $1,000 per day. DEMAND (do not ask) that they verify the debt. DEMAND (do not ask) that they communicate with you only by MAIL. Tell them in no uncertain terms, that if they damage your credit you will sue them.

The debt was $500. The scumbags who bought it probably only paid $25 for it. WHEN it comes time to negotiate, offer them $100. At this point, they have NO leverage. You have it all.

excon

ScottGem · Feb 20, 2007, 08:50 AM

Ok First do NOT give them anyinfo and do NOT pay them anything. I don't know if this is a scam or not, but the collector is violating the law by lying to you and demanding info he may not be entitled to.

A warrant has NOT been issued for your arrest. Debtor's prison went out in the 19th century. You cannot be arrested for not paying your bills.

If you want to make good on this debt. Then call the number, tell the person who answers that you do not appreciate the scare tactics and, therefore, ALL future correspondence needs to be handled by mail. Demand a mailing address for them and send them a letter reiterating the mail only policy and asking for documentation of the debt. Ask also for documentation of any legal action that was previously taken on this debt.

Until they provide this documentation don't even try to negotiate a settlement.

Note: I'm assuming they haven't provided you with a mailing address. Hence my recommendation to call and get one. But if you have an address don't bother calling. Otherwise I agree with excon, you have the leverage here.