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Zombie debt

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  • Zombie debt

    I have a case of Zombie Debt.
    Zombie Debt Article

    I have a really old debt from the early nineties that I paid off in 1997. I just got a bill from a collection agency for the same bill. I can see from my incomplete notes that in 1999 a new company tried to collect that debt and I had to get proof of wire transfers to get them to stop. (My records have the 550 orig. wire transfer, but I don't have a record of the 2 succeeding 125 payments so technically I don't have proof I paid the settlement amount. I'm not sure how hard it would be to get through the credit union.) This is a new company. It does NOT show on my credit report, so sites that help with correcting credit reports were not helping.

    The letter tells me I can dispute in 30 days. It also says the last activity was 1997 when I paid it off. Should I argue that it's over seven years old and they should bug off, or go the harder route of showing I paid the original back 2 agencies ago. The amount they show is the original amount of the debt without any interest; when I settled in 1997 I paid 800.

    They also agree to "settle" for $198....part of me is even thinking of just paying the d*** thing to make it go away. My worry is that if I do pay it, it will make it worse. "In fact, paying these old debts -- or even talking to the collection agency about them -- can make a bad situation worse."

    Right now I'm just so frustrated, I could honestly cry. I have a 2-1/2 week vacation coming Wednesday, so I don't have much time before to act, and I'm going to be bummed thinking about it. I had worked so hard to clean up all the messes I made!

    I'm concerned about the methods of "fighting back" in the article. "If ignoring them isn't working, consider writing a letter demanding the agency stop contacting you. Send it certified mail, return receipt requested. Federal law requires them to comply with your request. Make sure in the letter you specifically say that you aren't acknowledging you owe the debt. "

    But it also says "Again, an attorney experienced in debt collection law might prove helpful in particularly difficult cases."

    I would think an attorney is going to cost me more than the $198 or $324.

    Words of wisdom appreciated. Fight as over 7, fight as paid, ignore, attorney seems to be the 4 main choices.

  • #2
    Re: Zombie debt

    Jeffery wrote about that once



    The site you sent seems to say the first plan on attack should be to ignore them..you are under no obligation to the best of my knowledge to save them the cost of paper in mailing you another bill...and if they hear nothing form you they may give up. and you have not commited to anything.

    I am sure I would never be able to follow this advice myself, but relax! This is their problem, not yours, oh sure they can call you and it might be a pia to get it off your credit score if they put it on there illegally later, and you need to, but

    A. buying a house soon? if not you have all the time in the world, no amount of speed will help or maybe opening a new CC.
    B. you have great credit now right? this is a small dent in a wonmderful number/life you have built. don't make their dent into a hole.

    ignore the pebble thrower for your vacation, if they are still tossing when you get back you can think of putting a stop to it.

    Comment


    • #3
      Re: Zombie debt

      Ok, I had thought I had read about it here....so I did a search on Zombie at the top right of my screen and came up with nothing. I thought my memory was mistaken and broadened the search to Google. What's wrong with me?

      So now I need to know how I can search better, as well as deal with this. Gerrrr!

      Comment


      • #4
        Re: Zombie debt

        Relevant article

        Comment


        • #5
          Re: Zombie debt

          Gotta love SavingAdvice. My distress ably handled by Perk, coming in from the left, helping me freak out less and get a sense of perspective. Sweeps swoops from the right, providing steps and facts.

          Comment


          • #6
            Re: Zombie debt

            Originally posted by Sweepsplayer
            Also Relevant:

            10 blunders in dealing with debt collectors:
            Manage your debt with advice and tools from Bankrate.com. Find out how to consolidate your debt, apply for debt relief and more.


            Debt Management Articles Archive:
            Manage your debt with advice and tools from Bankrate.com. Find out how to consolidate your debt, apply for debt relief and more.

            Comment


            • #7
              Re: Zombie debt

              So if I've put all this together, lrjohnson should write to the collectors and tell 'em:

              (1) I do not owe this debt because I paid it, and here's proof,
              (2) even if you say I didn't pay it, you are time-barred and you can't sue [well, technically they can sue but you probably have a defense],
              (3) even if you say I didn't pay it, it's over 7 years and it won't show up on my credit report,
              (4) I am directing you to stop contacting me, and
              (5) if you don't stop, I will inform the FTC (Federal Trade Commission) that you are violating the Fair Debt Collections Act.

              Anything else? Sign it "Love, lrjohnson".

              Comment


              • #8
                Re: Zombie debt

                lrjohnson, if you do decide you need an attorney - do you have a legal aid office in your area? Call your local bar association - they can tell you who could help you out with a simple question at low/no cost.

                Comment


                • #9
                  Re: Zombie debt

                  Originally posted by LuxLiving
                  lrjohnson, if you do decide you need an attorney - do you have a legal aid office in your area? Call your local bar association - they can tell you who could help you out with a simple question at low/no cost.
                  Some areas also have a free-help night once a month with volunteer lawyers providing free one-on-one help to anyone who shows up.

                  Comment


                  • #10
                    Re: Zombie debt

                    One of those articles said lawyers like the cases against zombie debt, cause the person tends to win..dunno if that is still current (and a larger portion of the win would go to them of course)

                    Comment


                    • #11
                      Re: Zombie debt

                      Just make sure that whatever you do, don't agree to pay a single penny! And make sure to send all mail certified, so you can prove they recieved it.

                      Comment


                      • #12
                        Re: Zombie debt

                        Originally posted by geojen
                        Just make sure that whatever you do, don't agree to pay a single penny! And make sure to send all mail certified, so you can prove they recieved it.
                        Unfortunately being able to prove they received the envelope doesn't help a lot unless you can prove what was in it. That's one of the reasons a lawyer is useful. When they mail a letter on your behalf, both they and their clerk can testify in court what was in it.

                        Would a debt collector claim you sent them an empty envelope and must have forgotten to put the letter in it? I have no idea. But if they did you'd have no way to prove they were lying unless you had an unbiased witness.

                        There's also the "lawyer effect" to consider. As soon as the debt collector gets a letter from a lawyer, he's on notice that you know your rights and he also knows that everything he does had better be by the book. So I'd at least talk to a lawyer whenever the amount in question is substantial, especially if I could use one of the free legal services mentioned above to get an initial opinion.

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                        • #13
                          Re: Zombie debt

                          I really appreciate all of your responses. I do plan on at the very least ignoring it comepletly for the next 2-1/2 weeks while I frolic in Croatia, and feel much more prepared to handle these foolios on my return.

                          Comment


                          • #14
                            Re: Zombie debt

                            Read this first:

                            Debt Validation

                            Then send this to the collection agency via registered mail:

                            Sample letter requesting debt be validated

                            Zombies are aggressive with these issues. I would not let it go too long. Good luck to you!

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