Just Got Contacted By a Debt Collector

[katieperry1979]

What is the name of your state (only U.S. law)? CA
This is a debt that's way SOL, over 4 years in fact. The collector gave the wrong birth year, and when I said no that's not my birth year, he was very polite and quickly rushed off the phone.

Now I want to end these calls now. Is there a letter I can write them to tell them that the debt is SOL and that they can just stop calling to try to collect?

I know the person he was looking for was me, but in a moment of panic I told him that it wasn't. It was the birth year that didn't match but the previous address did. I'm worried that they might send out for an automatic judgment against me because they can't "find" me.

please help!

 

[Zigner]

What is the debt? When & where was it incurred?

 

[katieperry1979]

this is a credit card debt and it was incurred in CA.

I moved to PA two years after the missing payment. I was homeless and moved in with my parents.

Also, I noticed on my credit report this creditor, along with others, have changed my last date of activity to something like 2006 when I havn't paid them anything since 2005, the latest. The original debt was 5 thousand, now along with interest they're putting on my record report for over 17 thousand!

I want to send them an SOL letter, but what if they receive it AFTER they've started proceedings in court? The way that the Los Angeles Court works is that I can't even check to see if there's a law suit filed against me unless I physically go in the courthouse. I obviously cannot do that every other day all the way from PA.

Any help would be appreciated!

 

[cosine]

Are you currently employed with an income?

 

[katieperry1979]

I work 8 hours a week minimum wage. I'm a full time student.

 

[justalayman]

I moved to PA two years after the missing payment.

Oh, so the SOL hasn't run. It was tolled when you left the state. That means is has not run. Even if it has, that does not mean they cannot attempt to collect on the debt. It only means that if you properly apply the SOL as a defense, they cannot obtain a judgment against you for the debt.

 

[TigerD]

I moved to PA two years after the missing payment. I was homeless and moved in with my parents.

By moving out of state you tolled the SOL -- which means the clock stopped ticking. You have to move back to California and wait two years. But I can save you some time:

... now along with interest they're putting on my record report for over 17 thousand!

You are going to be sued. For $17k, someone is going to file.

I want to send them an SOL letter, but what if they receive it AFTER they've started proceedings in court? The way that the Los Angeles Court works is that I can't even check to see if there's a law suit filed against me unless I physically go in the courthouse. I obviously cannot do that every other day all the way from PA.

If they sue you in California, they will have to domesticate the judgment to PA. Really, it's a toss up whether they sue in CA or PA. Not that it matters -- you don't have a defense.

Any help would be appreciated!

What exactly do you want for an outcome?

DC

 

[cosine]

I work 8 hours a week minimum wage. I'm a full time student.

Bankruptcy may be an option. At 8 hours a week, a chapter 13 plan might be little more than a joke. You may qualify for chapter 7. But even if not, the chapter 13 plan would be livable.

If you do BK before they sue, then they can't sue and the lawsuit record won't be there, although the debt will be. And BK may not be the right choice for you, depending on the circumstances. If you want to look into that, consult a BK attorney with full info about your situation. Your school may have a free legal aid service.

How is your schooling paid for? Parents? A loan? If a loan?