[Jillean L]

I just recived a phone call from a law office on a credit card debt from 2000. Is there a statue of limitations on this? They are threatining to take me to court and garnish my wages is this legal? I am willing to make payments on this but they will not give me a address or my case number. I need help!!!"

[Slimick]

Yes....six years for the state of Michigan....If this debt was charged-off in 2000, it should be outside the SOL...However, if you made subsequent payments on this debt....like in 2004...then that would reset the clock and the debt would still be within the SOL.

If you have not made payments since 2000, then there is nothing this firm can do to you.....FYI: Collection agents love to pretend to represent law firms....so just because they claim they will take you to court doesn't mean that they would do it.

Do the following:
Send them a letter via Registered Mail with Return Receipt (very important). Simply state the following:

Per the Fair Debt Collection Practices Act, I am requesting:
1) that you validate this alleged debt
2) validate that this alleged debt is still within the statue of limitations
3) cease verbal/phone communications with me

That's all you have to do.....DO NOT let them bully/scare you into making a payment....They do not have the power to take your firstborn child or to send the sheriff to your house to arrest you.

[Studly]

Jill,

I live in Michigan and am very familiar with the law. I eat collection agents for breakfast.

If they call you, ask for info on where to send the payment.

Then mail them a certified mail/return receipt letter informing them of the following:

1) Cease and desist all further communications, except to send you complete validation information on this debt. That includes all payments made, contracts, bills, receipts, and everything used to calculate what they claim you owe.

2) A notice that this debt is beyond the statute of limitations, and you are aware that they can not legally collect on this debt.

If they contact you again, file a small claims suit and sue them for FDCA violations. You will win $1000 for your troubles. In Michigan you don't need an attorney, and the filing fee isn't that big....and you will recover your court costs once you won.

Been there many times...don't let them push you around.