Two Year Debt followed to another State..

[missblondie2u]

Alabama/MississippiWhat is the name of your state? Employed in Alabama, live in Mississippi..Filed Bankruptsy two years ago and had it dismissed..Now a firm is calling me at work about a debt owed then..the dept is in Alabama and the case was in Alabama but I now live in Mississippi..What is going to happen?

[I AM ALWAYS LIABLE]

Originally Posted by missblondie2u

Alabama/MississippiWhat is the name of your state? Employed in Alabama, live in Mississippi..Filed Bankruptsy two years ago and had it dismissed..Now a firm is calling me at work about a debt owed then..the dept is in Alabama and the case was in Alabama but I now live in Mississippi..What is going to happen?

My response:

You'll be sued, you'll lose, and then the creditor will have your wages garnished. That's what's going to happen.

By the way, the word is "debt", not "dept." What you spelled was the abbreviation for "department".

IAAL

[Ladynred]

When was the last time you paid the ORIGINAL CREDITOR on this debt ??
If it was more than 3 years ago, then the SOL in BOTH states has expired.

There's no guarantee you'll be sued.. and if the SOL has run out, you can fight them using the expired SOL and shoot them the bird in the process.

[missblondie2u]

Originally Posted by Ladynred

When was the last time you paid the ORIGINAL CREDITOR on this debt ??
If it was more than 3 years ago, then the SOL in BOTH states has expired.

There's no guarantee you'll be sued.. and if the SOL has run out, you can fight them using the expired SOL and shoot them the bird in the process.

Thanks for the imput. It has been about 2 and a half. I have worked in the same location for the past seven years and they are contacting me now? The collection was very hostile in conversation and was not interested in anything I had to say..aren't these calls supposed to be recorded?

[stevek3]

Originally Posted by missblondie2u

Thanks for the imput. It has been about 2 and a half. I have worked in the same location for the past seven years and they are contacting me now? The collection was very hostile in conversation and was not interested in anything I had to say..aren't these calls supposed to be recorded?

I think you mean "input." Of course, a hose connected to a toilet may also sometimes be considered a kind of "input." So take her "input" for what it may be.

Forget about recording calls, the hostile tone of the phone conversations, the statute of limitations, and all the extra meaningless stuff and things that will just frustrate and confuse you. Just focus on your current problem.

Assuming they know where you are employed, and the amount of the debt is sufficient for suit, you are certainly fair game and a legitimate target. Seven years is a lengthy period of time for a debtor to be working for one employer. It is certainly atypical for the average debtor. The fact your Chapter 7 was dismissed is a nice creditor bonus and is an additional incentive to sue. Frankly, any good collection agency, debt buyer or collection attorney will now smell blood.

You can hope for the best, but unless they are asleep at the wheel, I believe you can expect the worst.

[Ladynred]

Not necessarily, although they SAY they are recorded I'd be willing to bet that most of them are not, especially if it means catching the collector breaking the law. If you want to pull them up short, tell them to 'hang on a minute while I start MY tape recorder'.. some of them will hang up immediately, some argue that 'you can't do that' .. well.. you can, Mississippi is a one party state, the only permission needed is YOURS. Once warned, if they keep blathering then they're agreeing to be taped.

IF your employer doesn't allow such calls at work, you must tell them that - and they MUST stop calling you at work. Verbal notice IS all that's required per the FDCPA, but you're going to have to write them a C&D letter anyway, telling them the same and demanind all contact be by MAIL ONLY.