John
Louisville,#2Consumer Comment
Tue, July 29, 2008
The statute of limitations for credit card debt in NY state is six years....so if you defaulted in 2003, it would barely be within the statute of limitations....This means that they have the ability to take legal action against you....HOWEVER, if you are on SSDI/SSI....they can't touch your checks as SSI/SSDI cannot be garnished. Send them a letter via Certified Mail + Return Receipt stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt DO NOT sign your name on this letter...they could pull your signature off and put it on forged documents. ------------------ You have important rights under a federal law called the Fair Debt Collection Practices Act. You have the right to request written validation of the debt. Debt collectors cannot take your firstborn child, nor can they send the police to your residence to have your arrested for not paying them. Debt collectors cannot be abusive and they cannot pretend to be (or work for) attorneys when this is not the case. Anytime a debt collector threatens legal action, per the Fair Debt Collection Practices Act, you have the right to speak with their [alleged] attorney. Request to know the attorney's full name and his/her license # in the state bar association. NEVER debt collectors your checking account # for payment...they can take out WAY more that you authorized....possibly leading to tons of bounced check fees. Read up on the Fair Debt Collection Practices Act and understand your rights: http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act ------------------- ****** If you receive a summons from them, immediately contact your local Red Cross for a referral to free legal aide in your area. DO NOT be a no-show under any circumstances if you get a summons for a court date.