If i dispute a debt thats ove 4 years old will that re validate the debt so they can sue me?

Question

When my mother passed away(soon to be 4 years ago) we found many unpaid credit card bills. these were all very large amounts and a couple of them sued my father. he payed them all off with my moms life insurance policy except 1 he did not know about. it been at least 4 years since a payment was made but if might be even longer rhan that. i looked up the place and it is a credit card. but in az i thought c/c only had 3 years to sue you. but hes sick of the threatning letters and wants to dispute. but if they can prove the debt is valid, by him making contact will that re validate the debt? will they be able to sue him? my dad wants to do make right by them. but he has absolutly no extra money right now. this c/c is now over 20 grand. Any suggestions?

Answer 1

If this debt is being collected by the original Credit Card Company then the following applies.

The Fair Debt Collection Practices Act does not apply to major credit card banks, it applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.



If the debt has been sold to a collection agency, then that would be a different story. You could send a letter requesting verification of the debt and this will not reset the clock on your states SOL.



If you would like a sample letter I invite you to join the following Yahoo group "DontGetRippedOff" dedicated to helping those in financial trouble, Here you will find files for downloading a sample letter and information to help you with debt collection agencies.

http://finance.groups.yahoo.com/group/dontgetrippedoff/



LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.

Answer 2

Property Law and contract Law is clear:

A) when you are married or live in common law all debts and properties are considered "community properties". For good or bad.

B) Pleading ignorance-although true as is in your father's case -by stating that " I didn't know my deceased wife's $20,000 debt existed" doesn't exempt you from paying it off.

C) What you dad can do is to contact the credit card company and inform them of the circumstances , and ask them if they will wave the interest payments on the $ 20,000

B) If your dad can't pay it off, he can declare bankruptcy . I believe that 4yrs ago under the old bankruptcy law you could go into bankruptcy , check it out first before making any commitments

Answer 3

most likely if it is that old they DO NOT have records to show that it is a valid debt, I would send this letter to them and see if you can get it off. Also please email me if you have more questions.



(This validation of debt letter would be sent to a collection agency or debt collector asking them to send you valid proof of a debt. credit bureau if they ignored your previous requests. Remember to send all correspondence via certified mail.)



Date



Your Name & Address



Collection Agency Name & Address



Re: Account Number



Please be advised that I have received your correspondence. This is not a refusal to pay or a cease notice, but a notice that your claim of monies owed is disputed. According to the FDCPA you must validate a debt to a debtor if the debtor responds to your primary notice within a matter of days. I have done that, my certified mailing number is :_______________________________



Under the FDCPA and according to recent findings with the Federal Trade Commission, you must send valid proof of this debt and a printout of records is not valid. See FTC.gov "staff attorney opinion" findings for details. Please do not waste my time or yours by sending back a print out. The proof requested is as follows:



Date you purchased debt

Amount you paid for said debt

Date of last payment/activity if any

Creditors full name and address

All records pertaining to actual debt to prove validity.

If you cannot produce such proof after I have put you on notice then I reserve the right to file a suit against you for FDCPA violations in my court's venue. You will have to travel to defend yourself in that scenario.



Please also be advised that this request is an official validation of debt request and not a 'verification of address" request. Proper proof of said debt is required. Please understand as well that under the FCRA any "furnisher of information" must put the account rating on hold while the debt is being investigated. Continuing to report this disputed debt to my credit reports is a FCRA violation also open to damages collected from you.



Awaiting your reply in a timely manner.



Sincerely,



[Signature Required]



Your Name

Answer 4

Debtorboards.com



Go there and repeat what you posted here. You will get answers and the advice is free!



Don't let the dirty SOB collection agency push you or your father around. Just stay off the phone!



Good luck and my condolences on your loss!