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Collections Law/Old UK Dept Being Enforced in the USA

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Expert: Michael Brotherton - 5/1/2007


Question
I've been living in the USA since leaving England in 2003 and was shocked this week when I received a letter (this week) from a collections agency in Canada (using a regional office in Illinois)telling me a debt of over $1000 has been placed with them for collection.

I have checked with the original debtor (I wasn't sure the enquiry was genuine at first) that it is genuine. Anyway, now I am getting daily phone calls, I wouldn't call them abusive but they have that threatening tone, like this debt MUST be paid or else kind of thing.

I just wondered that maybe the statue of limitations for this may have run out anyway (i believe its 4 years in Florida for Open Credit).

They seem to want the whole amount immediately and am unsure of my options. I am out of work (and cannot work legally in the USA right now anyway) and I'm also worried about a UK debt being added to my unblemished USA credit record.

I know this an odd situation but any advice on this would be fantastic.

Thanks

Adrian

Answer
The statute of limitations applies to the location where the debt was incurred. Even if the debt is still owed, they cannot get what you don't have and if they wish to file suit they have to do so where the debt was incurred then pursue collection your state. Florida does not allow wage garnishments so the attorneys and the creditors must work with you to get their money., Set your own terms. Make sure you keep your checking and savings balance low to protect yourself from attachment.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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