Collections Nightmare

What is the name of your state? MI and collector is from MD

This is my problem. In 1999 I sold my house, paid off all debts, closed all credit cards and moved to Europe. Eight months to 1 year after moving to europe I received a bill through my letterbox that had been opened by someone and put in another envelope.
This was a bill for a prior credit card that had been closed and paid off stating that the card was still in use and that this was my final notice for overdue payment. I called the company and asked them what the meaning off all this was (when a card is closed it should stay that way) and they agreed to me that the card had been closed at one time but was now in use and that they would check their records and investigate. I gave them my current address, phone, and email because the address on the bill was to a house address on the other side of town. They said they would contact me if needed. I thought of it no further because they received a written letter from me before closing the card and I thought the end of it.

Almost 3 years later I receive a phone call from a relative and they have received a legal letter addressed to me but delivered to their address from a collection agency that is demanding payment. I phoned this collection agency to try and resolve the situation. First thing they started demanding payment and were quite unreasonable. They refuse to mail me any details to my current address (copy of charges, etc. . I requested) and want me to write a letter to them explaining things. And giving them relatives address's and other details that are just rediculous.

Now I'm not sure what I should do. Should I just ignore it all because I'm now on the other side of the world and the charges are only for the amount of $1200. Or should I write them a letter and state my case? (I've checked up on the collectors and have found what I already knew, they are quite unreasonable and heartless.)

Also I'd like to state that at the end of the phone call I was rather threatened by " Even when we get your letter don't think this will be the end of any of this."

Please give some good advice!

Not Amused

[JETX]

Assuming you have no intent to return to the 'credit world' here, you will apparently suffer little repercussions from letting this one just die its own death.

However, if you do wish to resolve it, you should be contacting the original creditor in writing. Explain what you have said here... that the account was closed (are you sure that you CLOSED it??) and that you have not authorized any charges to that account. Ask them to investigate and to confirm that any charges shown on that closed account are NOT yours. Word it so that they MUST respond.... "Unless I hear otherwise from you in writing within 30 days, your silence will be confirmation..... ".

As for 'closing'..... a lot of people think that by zero-ing out the balance of an account that it is closed. That is not true. To close an open account, you must have a zero balance AND let them know in writing that you wish to close the account. A lot of credit cards accounts are left open for many years... and since still legally open, they still impact your overall credit rating (debt liability).

Just curious... where did you wind up 'retiring' to??

Thanks Halket,

The account was closed in writing and I've both a copy of the letter sent to them and their reply on file, but in storage (in MI). As for returning to the credit world there, it's not likely for at least the next 10 years.

I do however have a rather large family still in the states that I plan on going to visit (Is there any possibility they could have me arrested and held for a court appearance?).

I'd like to add that this account was closed once before and reopened by my ex wife! She was then removed from the account and it closed once again.

I have 'retired' to the United Kingdom

Cheers,

Not Amused

[JETX]

Since you are out of country and only 'available' on visits, you are ALMOST immune from any action.

As I see it, the only thing that could happen of long-term would be for the creditor to file a lawsuit against you and try to serve notice. After a few unsuccessful attempts to serve on you personally, the creditor can request to do a service 'by publication'. This simply means that the defendant cannot be served in person. If granted, they can publish a notice in a newspaper for a set number of days and that would be considered legal service. When that is done, they could proceed with the lawsuit and get a default judgment against you. In Michigan, a judgment is good for 10 years and renewable. So, theoretically, you cold face a judgment on your return.

The only way that you could be arrested from a civil action would be if you were found in contempt of a court order. And since the court can't 'get you', that is very unlikely.