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Collector Threatening to Sue on Expire Limitation Debt

by autumn
(Fresno,CA)

My husband has an debt dated by in 1999. His last activity on the account was in 2001. I got a message stating that both my husband and I were being sue for the above debt. I called back to the number that was left on my machine. The lady was rude and threaten to take away my car, garnish my husband's wages. I asked her to give me more information the the debt and for her to send me documents of it. She refuse to send them out. I told her that the debt was not mine, it was my husband, before I married him, so I'm not going to pay her. She was screaming on the phone and threaten to rude my credit score if I don't pay up. I did some digging and found out that the statues of limitation on my husband's debt has expired. So where do we go from here?

Comments for
Collector Threatening to Sue on Expire Limitation Debt

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Jun 04, 2010
 debt collector making illegal threats
by: Gerri

Autumn,

It sure sounds to me like this debt collector doesn't seem to care that there's a federal law she is supposed to follow when collecting from you. It sounds like she's potentially made a number of illegal threats.

Make sure you are taking notes anytime you talk with her. You can use our
Free Debt Collection Worksheet for that.

I would also encourage you to at least read the first chapter of Debt Collection Answers online for free so you have an overview of your rights when dealing with this debt collector. (Please don't skip this step. The more you understand about your rights, the more confident you're going to feel in dealing with this debt collector.)

Since the debt collector is already made some very questionable statements to you, I would encourage you to talk with an attorney who specializes in debt collection. Because you are in California, you may want contact the co-author of the California edition of our book, Robert Brennan at BrennanLaw.com. He has a lot of experience in both debt collection and credit damage cases.

If you decide not to go that route, you could write the debt collector letter explaining the debt is too old and asking them not contact you again. Once the debt collector receives your cease and desist letter it must not contact you again, except to tell you it will be taking legal action against you. (Which would likely be a waste of their time and money since this debt is likely too old.)

However, given what you've told me already, I wouldn't put it past this collector to ignore the letter. If it does, and you haven't consulted an attorney at that point, I would recommend you do so immediately.

I wouldn't get too stressed out about this yet, Autumn. Even though this debt collector sounds especially aggressive, it also sounds like the law is on your side on this one. Again, the attorney can confirm that the statue limitations has expired, as well as help you deal with this debt collector's threats.

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