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Collections Law/Repossed car collection from 6 years ago

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Expert: Michael Brotherton - 5/31/2007


Question
I had a car that I voluntarily repoed because it was a lemon. The dealer wouldn't work with me on repairs so I gave it back. They auctioned it off and I never heard back from them ( Drivetime)This was in 2001 In Dec of 06 I got a call at home asking me to pay the debt of over $13,000 (way more than I paid)They threatened to garnish my wages and take me to court if I didn't set up a payment plan ( Credit Solutions Corp), I did set up payments coming out of my bank account. This month I got phone calls at home, letters and calls at my job asking for payment arrangements. When I got upset and told them I was already paying, the lady told me there were no arrangements made even thought the letter I got thanking me for my previous payment was signed by her, she got upset and told me to call  back when I was having a better day.... What is the statue of limitations on this and how can I stop them from calling and collecting?

Answer
You may notify them in writing by certified mail, return receipt requested, with a "Cease and Desist" letter advising them to cease all phone contact with you. Keep track of calls after the letter is sent. Record calls from them to protect yourself from abuse. Send a copy of the thank you letter and advise them how much you can pay per month. You may want to get an assessment to determine how much you can afford to pay. First step, put your budget to paper.

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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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