Illegal Old debt collectors

[dixxie44]

What is the name of your state (only U.S. law)? Georgia

There is an attorney who bought some old debt, and has managed to get a garnish going. However, he served my old employer, not me, and the statute of limitations has passed the six year mark for credit cards. How do I get this ass off my back?

[Zigner]

Originally Posted by dixxie44

What is the name of your state (only U.S. law)? Georgia

There is an attorney who bought some old debt, and has managed to get a garnish going. However, he served my old employer, not me, and the statute of limitations has passed the six year mark for credit cards. How do I get this ass off my back?

This isn't a credit card debt. This is a judgment.

And, in order to get this collector of a legitimate debt off your back...PAY WHAT YOU OWE!

[dixxie44]

This debt was charged off years ago when I became unable to pay anything. This was purchased by a collector. He has ignored the Fair Debt Collections Act, by ILLEGALLY changing the date of the debt to bring it inside the statute.

[Antigone*of*Greece]

Originally Posted by dixxie44

What is the name of your state (only U.S. law)? Georgia

There is an attorney who bought some old debt, and has managed to get a garnish going. However, he served my old employer, not me, and the statute of limitations has passed the six year mark for credit cards. How do I get this ass off my back?

If you have a judgement against you, and it appears that you do because your employer received a court order to garnish your wages, then the only way to get the "ass" off your back is for your ass to pay your debt.

[dixxie44]

Well thank you for demonstrating what type of people you are by rushing to judgement before you know the facts. Actually my wife was killed in a car accident, and I tried to work it all out instead of just running and filing bankrupcty like everyone else. I still havn't. I would like to pay but keep everyone off at the same time.

[Antigone*of*Greece]

Originally Posted by dixxie44

Well thank you for demonstrating what type of people you are by rushing to judgement before you know the facts. Actually my wife was killed in a car accident, and I tried to work it all out instead of just running and filing bankrupcty like everyone else. I still havn't. I would like to pay but keep everyone off at the same time.

The FACT that your wages are being garnished tells us that there is a judgement in place. You may have the facts very confused. I suggest that you take a copy of the garnishment order to the court listed on the order and get a copy of the original judgement ~ this way now you have all the facts.

I'm sorry your wife was killed in an accident, that doesn't change my legal response to you. You answered the question in a way that got you the answer it did. When you pose a question and refer to another person as an "ass" what kind of response do you expect?

[dixxie44]

I expect people in your profession, assuming you're a lawyer, to follow the rules, and hold yourselves to the standard you hold everyone else. Not use your knowledge to break the law and get around the same system that you all use to hammer people with. Calling him an ass was generous. I will look into your suggestion. Thank you.

[Zigner]

Originally Posted by dixxie44

I expect people in your profession, assuming you're a lawyer, to follow the rules, and hold yourselves to the standard you hold everyone else. Not use your knowledge to break the law and get around the same system that you all use to hammer people with. Calling him an ass was generous. I will look into your suggestion. Thank you.

You know what they say about ASSuming!

[debtcollector`]

Originally Posted by dixxie44

Well thank you for demonstrating what type of people you are by rushing to judgement before you know the facts. Actually my wife was killed in a car accident, and I tried to work it all out instead of just running and filing bankrupcty like everyone else. I still havn't. I would like to pay but keep everyone off at the same time.

1. Nobody cares about your "facts."
2. Your wife's unfortunate demise, while tragic, has nothing to do with your paying your credit cards.
3. Your attitude sucks.
4. The answers to your questions: Yes it is legal. And the only way you can get off your back is to pay him.
5. There is no such thing as the Fair Debt Collections Act -- you probably mean the Fair Debt Collection Practices Act. Precision in legal matters is important.
6. Keep gettin' snippy with folks and you aren't gonna git no help here bucko.

DC

[Some Random Guy]

And to correct a few more misconceptions

1. The statute of limitation for credit card debts doesn't matter. You were already sued and lost. Now you need to care about how long judgments last in your state.

2. Whether the original creditor chared off your account doesn't matter. It does not mean that you didn't owe the debt - just that they wanted everyone looking at your credit report to know that they think you won't ever pay your bill. But that doesn't matter since you were already sued and lost.

3. You have said that the debt collection was "illegal" and that the lawyer hounding you was breaking the law. Nothing you have posted would indicate that the debt collector has done anything illegal or even unethical.

[dixxie44]

So changing the date of the original debt is legal?
Phone calls that threaten to have me arrested are legal?
Calling my friends and family telling them I'm a deadbeat is legal?
Nice to know only some people have to abide by the law.

You two must be some of the debt collector scum that profits from these type of actions.

I thought this forum was for support, not arrogant judgement and the automatic assumption that anyone who has debt is fiscally irresponsible.

I think you need to check your own attitude.

[justalayman]

I thought this forum was for support, not arrogant judgement and the automatic assumption that anyone who has debt is fiscally irresponsible.

well, you are wrong. This is not a support forum. That would be Dr.Phil or Oprah. This is a legal advice forum and you recieved that.

=dixxie44;2225446]So changing the date of the original debt is legal?

No but where does this come in to play? If it was illegally changed so as to sue you, you would have had the opportunity to dispute this in court when they sued you.

Phone calls that threaten to have me arrested are legal?

that would depend on what the reason for the arrest is. After reading what you have written here, I can only imagine why somebody would believe you could be arrested for what you told them.

Without anymore info, there are reason I could see where a debt collector could legitimately threaten to call the police.

Calling my friends and family telling them I'm a deadbeat is legal?

It could be. Apparently it isn't a lie and unless it is part of a collections action, it would be legal.

Nice to know only some people have to abide by the law.

Well, you have given so little to go by that as it stands, there could be some things that were done that were legal but what have you done about them?

You two must be some of the debt collector scum that profits from these type of actions.

You have to realize that the only reason we have debt collector scum (no offense intended there DC) is because we have debtors that refuse to pay their debts. You make sure everybody pays their debts and I can guarantee the scum debt collectors (no offense intended DC) will disappear.

[Country Living]

I think I see what's going on. You think because the debt was outside the statute of limitations you had automatic immunity. That's not true. You have to show up in court and present the debt being outside the SOL as a defense. If you failed to appear, they had every right to win a judgment against you.

[debtcollector`]

Originally Posted by justalayman

You have to realize that the only reason we have debt collector scum (no offense intended there DC) is because we have debtors that refuse to pay their debts. You make sure everybody pays their debts and I can guarantee the scum debt collectors (no offense intended DC) will disappear.

None taken. There are bad eggs in every profession. I firmly support suing people that violate the law. That said, 95 percent of the deadbeat that claim a violation are blowing smoke.