Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

A collection agency contacted me about a month ago and was trying to collect a debt from me that is at least 12 years old if not more. It was a credit card from best buy. When he called I asked him for proof of the debt and he refused to send anything. I have since contacted best buy and they said that they have no record of the account and that they couldnt provide me with any old statements because the information must have gotten purged. So now I need to send my answer to the courts. I know that the statue of limitations has since passed its 6 years here in the state of Ohio. My problem is getting some actual documentation in my hands to take to court. How can I prove that this debt is old and that I think that the balnce might have been paid as well. PLease Help!!!

Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

Most likely, this is a bad debt %26quot;buyer.%26quot; What I mean is this collection agency collects bad debts and most of them are ruthless and break every FCC law and regulation (as mentioned above).

They next time they call tell them 2 thinks. 1. You want a certified copy of the amount due and a break down of interest, fees, and the principle balance. 2. Tell them if they don%26#039;t provide it to you in writing (e-mail, fax or snail mail) then they must stop calling you since they will not provide you proof of the debt per the above posters FCC regs, etc.

Most likely they are bluffing on going to court. Also if you know you owe this money (or part of it) offer them 25 cents on the dollar (example, if the balance is $1000 then offer them $250 in a lump sum and you will send it certified mail after you get the deal in writing. DO NOT send them any money without getting a deal in writing and you send everything to them certified mail so you know they got the information.)

I also suggest you read The Total Money Makeover by Ramsey. He talks about debt and getting out of debt, how to deal with creditor and what to do when you aren%26#039;t in debt.

Good luck!

Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

Hello, This could be good for you!

Take a look at the link below.

I would answer the courts and tell them you are filing a counter suit for $1000.00 per FTC guidelines. That is if this is still being reported to your CR. The have violated the FTC guidlines by refusing to send you proof of the debt. The problem is you need to ask for validation in writing.

OK, I need to explain,

Option 1. Answer the courts and tell them exactly what you question states on this webpage. Chances are you will show up and they wont.

Option 2. countersue per FTC guidlines. The problem is when you sue for money they will hire an attorney to represent them in your state and show up. Be ready to fight.

So if you do not want a fight go to court the judge will favor you.

I am talking from much experience.

Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

Have you been actually served, or are they just threatening you with a suit? If they actually filed suit then You need to send a certified letter to the agency and tell them you know nothing of this debt, thinking you may have even paid it off, and you want them to send you proof that you owe on this account.

By law they have 30 days to respond, they are not allowed to just say NO because they don%26#039;t feel like it. If they do not respond take the certified letter with you to court as proof you do not beleive you owe this debt. Unless they have some proof that you reset the Statute of Limitations at some point it will be thrown out.

Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

Does your collection agent understand that it is illegal to threaten action that the collection agency does not intend to take? It is legal to pursue collection activities, but they lose the right to sue once the statute of limitations expires.

You may wish to seek qualified legal advice.

Collection agency taking me to court. debt is at least 12 years old Best Buy credit card?

The burden of proof lies in the hands of the collection agency. When dealing with them I recommend that you tape record all conversations with them, with their knowledge of course.

Also, they are obligated under the FCRA to furnish you with proof that the debt exists. They have a way of getting around the statute of limitations by getting you to make a promise to pay and that starts the clock all over again.

My guess is that they are merely threatening you with litigation and are trying to scare you into paying them.