Check out some similar questions!

itsamiracle · Sep 4, 2013, 03:42 PM

I have been summoned to small claims court in RI by an attorney's firm who represents debt collector's or they may be the debt collectors themselves. This debt is so old that it does not even show up on my credit report any longer. Yet they are claiming that I owe some astronomical amount. They say they have proof of this amount. It has been so long that I have no records. When I called the original company they have no record of my owing anything according to my social security number which I provided. I am assuming any debt I may have owed was charged off and bought by some other debt collector. I know they buy these for pennies on the dollar. I have never acknowledged or agreed to enter into any payment plan with this firm, debt collector, or the original company. What should I do? How do I answer in court?

smoothy · Sep 4, 2013, 05:32 PM

As long as they got the judgement papers... that debit never goes away... it can be bought and sold a thousand times... and its still real and valid.

ScottGem · Sep 4, 2013, 05:45 PM

First a debt never expires until its paid. Any collector is entitled to try and collect the debt. Whether its on your credit report or not is immaterial. Unpaid debts continue to accrue interest and fees so can greatly increase over time. A charged off debt is simply a tax issue and doesn't affect your responsibility towards the debt.

However, SOL laws require that legal action be initiated within a certain length of time. If that doesn't happen, the creditor can't use legal means to recover the debt. But it doesn't mean they can't try to collect it.

If they have filed suit, they probably think they can show the SOL hasn't expired.

You have to respond to the summons with your intention to defend. State, that you do not believe you owe the debt. Send a copy of your answer to the creditor with a request that they furnish proof of the debt.

N0help4u · Sep 4, 2013, 06:39 PM

Also the SOL starts from the last payment no matter how small. So if you pay them anything you are renewing the SOL date. That is why they try and get you to send them anything.

itsamiracle · Sep 22, 2013, 01:30 PM

Thank you.

itsamiracle · Sep 22, 2013, 01:33 PM

Originally Posted by ScottGem

First a debt never expires until its paid. Any collector is entitled to try and collect the debt. Whether its on your credit report or not is immaterial. Unpaid debts continue to accrue interest and fees so can greatly increase over time. A charged off debt is simply a tax issue and doesn't affect your responsibility towards the debt.

However, SOL laws require that legal action be initiated within a certain length of time. If that doesn't happen, the creditor can't use legal means to recover the debt. But it doesn't mean they can't try to collect it.

If they have filed suit, they probably think they can show the SOL hasn't expired.

You have to respond to the summons with your intention to defend. State, that you do not believe you owe the debt. Send a copy of your answer to the creditor with a request that they furnish proof of the debt.

I have requested that they show proof of the amount and the date of the debt from records of the original creditor. Thank you for your answer.

N0help4u · Sep 22, 2013, 01:36 PM

Do not send them a dime until they take you to court and get a judgment. Often if and when they get you to court your due amount won't be that astronomical amount they are trying for.

N0help4u · Sep 22, 2013, 01:42 PM

Originally Posted by N0help4u

Do not send them a dime until they take you to court and get a judgment. Often if and when they get you to court your due amount won't be that astronomical amount they are trying for.

Also if they send you so called court papers confirm it with the court. If they claim they have a judgment without your appearing in court get documentation AND confirm it. They have more tricks than magicians. Also if you have 800 numbers check the numbers out on 800notes.com

itsamiracle · Sep 22, 2013, 02:06 PM

Originally Posted by N0help4u

Do not send them a dime until they take you to court and get a judgment. Often if and when they get you to court your due amount won't be that astronomical amount they are trying for.

NOhelp4u, thank you for your replies. I was recently reading the FTC's 2010 & 2013 studies on debt collection litigation and arbitration and the practices of the debt buying industry. A lot of us unsophisticated consumers don't stand a chance.