topic Re: Lien for Old Debt?? Can they do this?? in Rebuilding Your Credit

Lien for Old Debt?? Can they do this??

Anonymous — Fri, 19 Dec 2008 00:27:33 GMT

I received a phone call from a law office telling me that a lien has been filed aganist me on a debt the has already fallen off of all 3 of my reports (it passed the 7 year mark and fell off on it's own). I just took a number and told them I would call back (didn't agree to anything, i.e. payment arrangements or even admitting to the fact that the debt is mine).

What should I do? Is there a thread on here with info? or has this ever happened to any of you?

Re: Lien for Old Debt?? Can they do this??

Anonymous — Fri, 19 Dec 2008 00:29:28 GMT

Check out the link in my signature titled "State Resources".

Look at your state statutes and see what it says in regards to a lien.

Is this for a government debt? Was a judgment ever issued to your knowledge? Is this debt beyond SOL?

Re: Lien for Old Debt?? Can they do this??

Anonymous — Fri, 19 Dec 2008 00:41:00 GMT

Thank you. I will check it right now.

No it is not a gov. debt. it's an old store credit card.

It has been delinquent for 7 years and 3 months. About two years I was advised not to start paying it off (I hadn't been paying on it for a few years but wanted to get rid of the debt) because it would soon fall off of my report. It fell off of my reports.

Re: Lien for Old Debt?? Can they do this??

Anonymous — Fri, 19 Dec 2008 00:44:03 GMT

SOL usually goes from DOLA.

Look up your states SOL and if you know when you made the last payment, you will know if it is beyond SOL or not.

Re: Lien for Old Debt?? Can they do this??

Anonymous — Fri, 19 Dec 2008 04:16:31 GMT

a lien against what? car? house?

a lien is not filed against a person, is filed against an interest on a property or title.

a lien without a judgment would be illegal - unless is a tax debt.

Re: Lien for Old Debt?? Can they do this??

Anonymous — Wed, 24 Dec 2008 21:59:02 GMT

Sorry it has taken me so long to get back to this (the holidays are distracting me)

-ANYWAY-

Yes. The SOL are up.

demed, it is a "lien" on debt I owe on an old Sears store card. I answered my cell phone a few weeks back and it was a law office telling me that Sears had "filed a lien" because of money owed on the card I use to used when I was in college 10 years ago. The DOFD is July 2001 and my state's SOL is 7 years. DOLA is March of 2001 This baddie has already fallen off of all 3 of my reports!

The "law office" has been calling and leaving messages but I haven't been calling back because I'm not really sure how to deal with this yet and I don't want to say too much. I know (from reading these threads, thank you ) there is no SOL on trying to collect a debt... so my question is: what now? what should I do?

Message Edited by 850dreams on 12-24-2008 01:52 PM

Message Edited by 850dreams on 12-24-2008 01:59 PM

Re: Lien for Old Debt?? Can they do this??

Anonymous — Wed, 24 Dec 2008 22:15:41 GMT

ok I may have found the answer to my question with a letter I found in another thread! What do you think?? Now I guess I will have to talk to them to get their address?

Anyone? Anyone? Bueller?? Bueller??

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Thank You

type name

Re: Lien for Old Debt?? Can they do this??

RobertEG — Thu, 25 Dec 2008 02:59:26 GMT

Perfect! I would not change one punctuation mark!!!!

I would only add that the SOL does not prevent them from attempting to collect the debt, but it is stupid on their part if they know that you are aware of your SOL defense.

They are trolling for dead fish.

Message Edited by RobertEG on 12-24-2008 06:55 PM

Message Edited by RobertEG on 12-24-2008 06:59 PM

Re: Lien for Old Debt?? Can they do this??

Anonymous — Thu, 25 Dec 2008 03:33:52 GMT

dreams,

make sure the debt is past SOL for sure - remember that the creditor might choose the longest SOL, depending on where the original debt was signed, or where the consumer has resided.

also, the creditor might choose to file a claim in court regardless of SOL - if the consumer does not appear, the creditor might get a judgment even for a debt past SOL. With a judgment it is possible to file a lien, or garnish wages.

I would make sure nobody has filed lawsuits, send the FOAD letter CMRRR and keep track of them.

good luck!!!

Re: Lien for Old Debt?? Can they do this??

Anonymous — Mon, 29 Dec 2008 23:00:02 GMT

Ok I am going about this VERY carefully, making sure I have me "t's" crossed and "i's" dotted.

I have checked and double-checked to make sure the SOL is up on this debt and it is.

What would any of you suggest I do:

a) wait for the CA to call again and ask them for an address to send a DV letter to

b) wait for the CA to call again and ask them for an address to send a "FOAD" letter to (CMRRR, of course)

-OR-

c) contact them and tell them I have no knowledge of the alledged debt and they are calling the wrong person (they only contact me by phone)

Re: Lien for Old Debt?? Can they do this??

Anonymous — Mon, 29 Dec 2008 23:02:39 GMT

I would wait they call again, ask politely for an address where I would send my money and the name of the person on the phone, say thanks and good bye. then send the DV and FOAD letters CMRRR to the address provided.

Re: Lien for Old Debt?? Can they do this??

Anonymous — Mon, 29 Dec 2008 23:09:22 GMT

Thank you.

I'm so nervous!

I'll let you all know how it goes.

Re: Lien for Old Debt?? Can they do this??

Ned505 — Mon, 29 Dec 2008 23:57:03 GMT

I echo what deemed stated, a lien is a claim on property. A house, a car, priceless art purchased by a defunct hedge fund.

A lien can not exist without a judgement against you.

GL>

Re: Lien for Old Debt?? Can they do this??

Anonymous — Tue, 30 Dec 2008 00:40:03 GMT

a lien can exist without judgment - federal and state tax authorities can levy liens on real property.