[dm3136]

Someone called from Corp Office of National Filing of civil law suits and threatened my mother by saying they were going to put her in jail today if she didn't make a payment today. This debt is 10 years old and she is and has been on social security. Can they put you in jail? Where do you find out what her rights are? Thank you

[ballengerb1]

Do not pay and do not woryy. The threat was a scare tactic to get some admission of the debt and/or payment. A 10 year old debt has no chance in court. The Statute of Limitations has run out and no court can/will force a payment. However, if you were to pay 1 oenny the SOL is out and the debt comes alive. Does she have caller ID, do not take their calls again. If no ID if she hears them just hang up, nothing they can do but call back. There is no debtpors prision

[Fr_Chuck]

Do not talk to these people on the phone, they are breaking the law lying to you about this. Just hang up, use caller ID and don't even answer if they call.

They can not put you in jail,

[dm3136]

"My mother is on SS and has a 10 year old debt to Capital One. She has received letters and phone calls and not responded. Today she answered the phone and was told this was a civil suit and she could go to jail today if she didnt make a payment. Does she have any rights or does she now have to pay the $100 the person told her she has to pay per month, even though she is on SS and has no extra money. Thank you"

[tickle]

Unless they have a judgment against her, they can't take her money. She won't go to jail. These collectors will say anything or do anything to get their money without going to court. By the way, this debt being l0 years old may be way over the statute of limitations for your State, in which case, they have no business even calling her

This is from about.com debt management website:

The statute of limitations on debt in Arizona puts a time limit on the amount of time you can be sued for a debt.

Oral Contract: 3 years

Written Contract: 6 years

Promissory Note: 6 years

Open-Ended Accounts: 3

So your mom is well over the time limit allowing them to collect.

Tick

[Fr_Chuck]

Please don't ask more than once, if you want to add more info, merely "answer" your own post, I have merged your two posts.

Don't pay, don't agree to pay, they know this is out of the SOL and they can not sue you in court, but the minute you pay them a single payment you start that timer again.

Don't talk to them, they are crooked collection people trying to scare a poor older person. You can not go to jail for not paying your debts, ( even if they were collectable) this one is not if it is really over 10 years old)

If you have to say anything ( and you should not) you laugh at them and tell them great send me to jail.

[dm3136]

Ok, I hope I'am posting my questions correctly :) I appreciate everyone's help.
How does an agency obtain a judgment? Once you start the timer again, can the agency force you to pay or any other action? Thank you Comment on dm3136's answer: 250 characters remaining Submit Comment

[ballengerb1]

The statute of limitations has run out, they can not get a judgement. However, if you give them one red cent then the clock re-starts and they can will in court. Do not pay, do not talk to them.

[Fr_Chuck]

And there is no federal or national office for filing law suits, all law suits are filed by the state laws.

[dm3136]

This agency harassed her and frightened her into making a pymnt and set up a pymnt plan she can't afford, she is on SS. Can they now they now file a judgement? If she stops pymnts now will or can they file a judgement? How do judgements work? I appreciate everyone's help more than I can say.

[ballengerb1]

If she made a payment then the SOL is out the window and they will likely get a judgement. However its difficult to garnish SS but it xan be done.