Expert: Apex Credit Services, LLC - 5/20/2008

Question
Hello,

There is old debt (credit card)that my spouse never paid. This old debt was charged off and another company purchased. Now this other company is constantly sending letters stating that a judgement made and that to pay. However the cv index noted on the letter does not show in any of the courts and no papers were ever received. This old credit card debt is no longer on the credit report and there is also no judgement listed. They also are not listed. Now, my spouse recently received another letter threatening a money judgement for this old debt. My spouse never contacted this company. Can this company seize even though there is no judgement on the credit report and the credit card is no longer listed? Can they seize of both names are on personal property such as a vehicle? The letter stated that they can also seize home property such as televisions and personal computer. Your feedback is greatly appreciated.

Answer
John:

   If there is no judgment and they are claiming there is, that is a FDCPA violation.  Secondly, no, they cannot attach or levy anything unless a judgment has been rendered (except for student loans and child support).

   Whether or not they can successfully obtain a judgment is contingent upon whether the statute of limitations has or hasn't ran and whether they can prove up the debt.  That is specific to your jurisidiction and thus, a question we cannot answer.

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