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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?
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?
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.
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.
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.
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?
Anyone? Anyone? Bueller?? Bueller??
Thank You
type name
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.
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!!!
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)