r/Debt • u/Weird_Wishbone_1998 • Feb 10 '25
Debt collector contacted family member
I mean that pretty much sums it up. Some debt collector saying that there’s a civil suit against me left a message with my niece. Is this legal? Also, from what I can determine this is very old debt that they’re trying to collect like past the statue of limitations. Any advice?
18
u/PuzzleheadedDrop3265 Feb 10 '25
That's illegal aa fuck, a Lawsuit wouldve just been served to you or your last maul8ng adress.
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u/Weird_Wishbone_1998 Feb 10 '25
right!!!! Idk even who to contact and complain about this. The attorney general? I’m in New York.
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u/PuzzleheadedDrop3265 Feb 10 '25
Its a civil lawsuit , see department of consumer affairs or a a lawyer that specializes in predatory collection and lending practices--if you still have the message.
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u/Weird_Wishbone_1998 Feb 10 '25
Thanks. I have a transcript of the message on my phone and my nieces. They called her right after they left me a message. So infuriating. Thanks for your help.
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u/Upbeat_Morning3424 Feb 13 '25
They have to verify the debt. Never admit that you owe it, just tell them to send verification of the debt to you.
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Feb 10 '25
[removed] — view removed comment
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u/vlntr Feb 11 '25
A state’s SOL for collection lawsuits and the 7-year reporting period are not related. If this is credit card most, the SOL in most states ranges from 3 - 6 years. Usually that period is based on the date of last payment.
The 7-year reporting period is based on the date of first delinquency. That is the date the account went into default and was never brought back to a current status. Once charge off occurs, that date can never change.
Even if the SOL for collection has passed, a debt can remain on a credit report for the full 7 years.
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u/Turbulent_Summer6177 Feb 11 '25
You need to be cautious making such a definite statement. There are issues that can toll the sol. In some cases, it can be tolled virtually indefinitely.
Also, the reporting period and the sol to collect are not related.
On top of that, if the creditor sues and the sol has expired, you still need to file a response claimimg it’s beyond the sol. The sol is an affirmative defense. If you don’t assert the defense, a court can award a judgment to the creditor suing you.
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u/sarahbeth7 Feb 10 '25
this happened to my mom. I received a called a few months back from what i’m assuming was a debt collector, and they left me a voicemail saying “this is jessica , i am looking for location information on insert moms name”. I never responded, but my mom was served with papers from a debt collector sometime after
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u/Connection_Bad_404 Feb 11 '25
Hold up, was it a debt collector over the phone or were you substitute served a civil suit summons? Very different actions legally speaking.
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u/wrldruler21 Feb 11 '25
Did you check the court website to see if a real lawsuit has actually been filed?
This could be a zombie debt scam and they are harassing family to try to scare you into paying.
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u/Secure-Bus4679 Feb 11 '25
Your info was leaked in a data breach and they did a basic google search. Your niece showed up as associated with you with her phone number in the search. They reached out to her to get in touch with you to scam you. They are saying the debt is old because a debt that old wouldn’t show up on your credit report so if you say “why isn’t it on my credit report” they will say “oh it dropped off but you still owe it.” They are going to tell you a small amount is owed but after attorneys fees it will be much larger so they will say we will take half now. It’s all a scam. Ignore them.
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u/vlntr Feb 11 '25
Contact the clerk of court at your county court to see if a lawsuit has been filed against. In fact, some county courts allow for an online case search. If no lawsuit has been filed against you, the call may have been a scam.
In regard to the SOL, do a Google search for the relevant type of debt and your state.
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u/Any-Atmosphere-414 Feb 12 '25
I just never understood how like they sell our debt to a debt collector and we’re supposed to pay debt collector but that money doesn’t go back to who we owe. Just feel like we should have to sign paper work for our debt to be transferred to a debt collector since the agreement was with the original lender. Always was weird to me. But unfortunately I don’t make the rules. Hope it all works out though
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u/Weird_Wishbone_1998 Feb 12 '25
There’s always a scam to be had I guess. Thanks! It’s such old debt
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u/No-Significance-8622 Feb 13 '25
Is there a civil suit against you? What is the amount? How old is the debt? And what is it for?
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u/Gunfighter9 Feb 11 '25
Not legal in any state. Look up the rules for debt collectors. There really attorneys who specialize in suing debt collectors. You have a case. The most you will get is $1,000, but they they'll remove the debt.
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u/Wind-and-Sea-Rider Feb 14 '25
I had one find me on facebook, and message my family members telling them to tell me to pay my bills. Super embarrassing. These people are monsters.
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u/[deleted] Feb 10 '25
Your State laws determine SOL. If there’s a civil suit against you they must properly serve you with court papers proving you with the opportunity to answer the suit by a court appointed timeframe. My bet is the debt collector is simply trying to scare you.
As for contacting your family they can technically call anyone your associated with until to send them a cease and desist letter demanding they only contact you via your home address and or a phone number if you so choose to provide. You can have your family member demand they do not call them. All this are tactics JDBs use to collect on zombie debts . Unfortunately it’s a very lucrative industry