Expert: John Hall - 4/28/2005

Question
One last question? How do I perform a complete verification of that disputed debt in accordance with that law.
Thank you very much for this help

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Followup To
Question -
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The contract was written and was for use of a credit card machine in a small private buisness (owed debt is about $500 to $600 dollors)Last activity was 1995(Kentucky where the contract occured seems to be 15 year statute of limitations). Can they make me show up in a New York court for a contract that was done in Kentucky or do they have to sue me in the state that the contract was done in?

Followup To
Question -
I am being threatened to be sued about a debt accured 10 years ago by a lawyer in New York and I am wondering which statue of limitations is in effect the original state the debt was inccured or the state they are threating to take action in.Or is it affected by which state I live in at the present.
Answer -
It is where the cause of action accrued - i.e., where you were at, not where you are at now.  However, statutes of limitation on contractual actions are sometimes easy to get around.  When was the last time that there was any collection activity on the account?  Also, it will make a difference whether the contract was oral or written.
Answer -
The venue will be either where you live now or where the cause of action arose.  If you are in neither, I suspect that this guy is bluffing.  If you are sued in New York, file a motion to dismiss for lack of im personam jurisdiction.  I doubt it will get that far though -  600 dollars is nothing -  this is just bluffing for peanuts - what you might do to shut him up is to send him a written message stating "You are advised under the Fair Credit REporting Act that you are not to contact me further regarding colleciton of this disputed debt.  Also, perform a complete verification of that disputed debt in accordance with that law.  Sign it and put your name and address - no phone -  I doubt you will hear from him again.  If you do, let me know and I can show you how you can really break it off in him, so to speak.  

Answer
I was not clear.  It is the attorney acting as a bill collector that is going to have to do that in accordance with the federal Fair Credit Reporting Act.  You are not only going to shut him up, you are going to be forcing him to waste his time by verifying a ten year old debt from another state.