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Old 02-05-2019, 11:24 AM
 
8,087 posts, read 2,020,394 times
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I got an email from my exwife yesterday about a lawyer that had contacted her about a past debt, I called her and she said someone claiming to be a lawyer contacted her saying she owes $3000 from a payday loan that she got back in 2009.



My first thoughts were it was probably a debt collector, who had bought up 'old debt' was trying to make what money they could, or it is a total scam altogether. My ex wife did frequently use payday loans during this time period, she did have problems paying some of them, but they were usually a couple hundred bucks at the most, she never got payday loans in the $1000s, and them claiming it was from 10 years ago?!!


That sounds kind of fishy to me.



I dated a woman a few years back that worked for one of those payday loan places, and she claimed they could only legally pursue a certain number of customers per year thru collections, I believe she said it was restricted to 10 per year, and they also had time limits to act, but this varied from state to state.


My exwife hinted that if this is legitimate, she would like me to pay half, since we were married at the time and I would have benefited, however I didnt find out she was even doing this until after we got divorced.


Anyone have an opinion on this?I told her if this lawyer calls her back, she should just tell them to stop calling her, legally they have to obey, or if they persist, to email the paperwork so we can look it over.
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Old 02-05-2019, 01:14 PM
 
Location: Out on some lonely county road in Texas.
12,152 posts, read 16,167,975 times
Reputation: 23445
That's a 10-year old debt. Sounds like a debt collector who bought an old debt with a lot of interest added to it.

If it is a debt collector, first check on your state's statute of limitations and see if it applies to this particular debt. Also be careful because, if the SOL does apply, your ex could actually restart the clock on the SOL by paying any amount on the debt or, in some cases, taking other actions.

There's all kinds of information you can find on the internet on debt collection, the best being how and when to respond to these bottom feeders. The most important advice I would give you though is to DO NOT IGNORE THE COLLECTOR since the next thing you could see is a summons to appear. Ignoring that could end up in a default judgement in the courts against you. That could end up in a lien on your home if your state allows it.

Last edited by High_Plains_Retired; 02-05-2019 at 01:24 PM..
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Old 02-05-2019, 01:19 PM
 
Location: Aurora Denveralis
5,331 posts, read 1,787,454 times
Reputation: 8045
I don't know the conditions or state of your divorce, but it's your ex-wife's problem. Unless you want to help her out for your own reasons, a consultation with and a few fees to a laywer to insulate you from this problem would be the most cost-effective route.

I'd think differently if it was something you had known about and approved.
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Old 02-05-2019, 10:15 PM
 
Location: Tennessee at last!
1,887 posts, read 1,856,795 times
Reputation: 3758
Most states have a 7 year statue of limitations for this type of debt.

Just tell the debt collector that 1. you do not think that the debt is your debt and 2. the statue of limitations is expired so they can not collect on that debt anyway.

That puts the ball in their park to show that 1. she did take out the debt, and likely they do not have complete paperwork to show that or 2. the state she took out the debt has a crazy long statue of limitations.

And tell her that no matter what do NOT pay even one penny as that will restart the statue of limitation as it starts after the last payment was made and then no further payments are made.

And consistently say they she does not remember that debt, can they give her paperwork to prove it was her debt? e.g. the signed loan paperwork. They likely do not have it.

And tell them to communicate only through mail, not the phone as they are smooth talking folks who would twist up what you say.
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Old 02-06-2019, 07:14 AM
 
Location: Northern VA
446 posts, read 565,446 times
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You have the right to request proof of the debt. Your ex needs to dispute the debt. If they can't prove that the debt is hers, they can't make her pay or ding her credit because of it. If it is a scam, they won't even respond.

In order to protect yourself, you should send a certified letter (signature required) disputing the debt and requesting verification of the debt. You can Google for examples, but here's one web site How to Dispute a Debt with a Collections Agency | SmithMarco and a sample dispute letter Fair Debt Collection Practices Act Letter | Dispute a Collection
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Old 02-06-2019, 12:01 PM
 
8,087 posts, read 2,020,394 times
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IM glad she contacted me about this, she was ready to make a payment to these people!!??


I guess she and many others like her are the reason these scammers are still around, they dont even think it may be scam or may be wrong, someone tells them they owe money from the past, and they are ready to pay!! Amazing!


Thanks for the advice btw.
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Old 02-06-2019, 12:08 PM
 
Location: 5,400 feet
2,386 posts, read 2,404,477 times
Reputation: 3186
She should send the attorney what is called a drop dead letter. Here is one example:
https://clark.com/consumer-issues-id...ection-agency/

She should not confirm the debt orally or in writing, and certainly not make a payment or agree to do so.

Is she is sued, then she should not ignore it. She should immediately deny the debt in writing, if she has no recollection of it, and provide the affirmative defense of statute of limitations if applicable. If she ignores it, she will have a default judgment entered against her and she will then have to fight that.
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Old 02-06-2019, 02:01 PM
 
Location: Forests of Maine
30,189 posts, read 48,344,722 times
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A couple of times, I have gotten letters from Debt Collectors. Saying that so many years ago, I had a vehicle in some state that had a vehicle property tax that was never paid.

I think what happened was, I was stationed there, I had a car and each year I paid whatever the DMV said was due to reregister the car. Then after 3 years I got transferred on to my next Duty Station. So I took my car with me and registered it in the new state where I begin residing.

Whatever town was previously collecting the property tax would continue to generate a tax bill, but they were not able to locate me, so the bill was never paid.

These old debts eventually are bought by a Debt Collector, and this Debt Collector will attempt to track you down and send you a bill with a bunch of added interest and fees.

I get these bills, about cars I owned 10 or 20 years ago, from states that I have not been in for the past 15 years.

I ignore them.

One time, I got such a bill from some small town in Connecticut. I had NEVER lived in that town. But I was making a trip to Connecticut so I decided to locate this town and visit their city hall. The best that we could reconstruct what had happened was that I had lived on-base, the DMV had randomly selected some town to send the taxes to. That town started a file on me and continued to generate tax statements year after year, even though I had never lived in that town. Continuing on well after I had disposed of that vehicle. When I spoke with the town clerk, they no longer held any of the original documents on the vehicle. After 10 years, they destroy old documents. All they had was a file saying that I owed this past bill, and annotating all the interest charges for each year.

If you respond, in any manner, the Debt Collector will then know that they have a fish on the line, and they will increase their efforts to pester you.

In my mind, if I am living in your state and I am registering a vehicle in your state, then fine I will pay whatever I need to pay to register that vehicle for that year. But once I have left your state, and disposed of that vehicle, somewhere being taxed on that car must end. I am not going to pay taxes on any vehicle that I no longer own, to a state that I do not live in. No.
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Old 02-06-2019, 03:59 PM
 
3,058 posts, read 1,351,483 times
Reputation: 2321
Quote:
Originally Posted by rstevens62 View Post
I got an email from my exwife yesterday about a lawyer that had contacted her about a past debt, I called her and she said someone claiming to be a lawyer contacted her saying she owes $3000 from a payday loan that she got back in 2009.



My first thoughts were it was probably a debt collector, who had bought up 'old debt' was trying to make what money they could, or it is a total scam altogether. My ex wife did frequently use payday loans during this time period, she did have problems paying some of them, but they were usually a couple hundred bucks at the most, she never got payday loans in the $1000s, and them claiming it was from 10 years ago?!!


That sounds kind of fishy to me.



I dated a woman a few years back that worked for one of those payday loan places, and she claimed they could only legally pursue a certain number of customers per year thru collections, I believe she said it was restricted to 10 per year, and they also had time limits to act, but this varied from state to state.


My exwife hinted that if this is legitimate, she would like me to pay half, since we were married at the time and I would have benefited, however I didnt find out she was even doing this until after we got divorced.


Anyone have an opinion on this?I told her if this lawyer calls her back, she should just tell them to stop calling her, legally they have to obey, or if they persist, to email the paperwork so we can look it over.
Check the accent. Could be the "IRS" scammers( from India mostly) trying to scam you and ask for a apple gift card or western union money transfer. Debt collectors dont call, they send you a letter with a valid phone number.
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Old 02-08-2019, 11:20 PM
 
5,664 posts, read 2,572,972 times
Reputation: 5469
Quote:
Originally Posted by rstevens62 View Post
IM glad she contacted me about this, she was ready to make a payment to these people!!??


I guess she and many others like her are the reason these scammers are still around, they dont even think it may be scam or may be wrong, someone tells them they owe money from the past, and they are ready to pay!! Amazing!


Thanks for the advice btw.
Has it been determined if this debt is actually legitimate? If it is legitimate, do believe that your ex should pay it, or not?
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