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Old Debt/ Statute Of Limitations


remarc
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Hi I am hoping someone might be able to give me advice on how to handle this. Apx 13 yrs ago my hubby and I bought a house in Tenn. We had 2 morgages on it. first mtg thru a local bank, second Mtg thru the money store. Needless to say it was something we shouldnt have done at the time but we were young and stupid. We had some bad financial times, We ended up with the house going into forclosure, we moved from that state and relocated to florida and started over. That house sold, and we never heard another word on it, the only thing that was on our credit records were the first mtg and "nothing, nada, zero", about the money store. In 8 years time they never contacted us AT ALL! So we assumed they got their money when it sold. Then last week my husband gets a call from a collection agency stating that we owe 21000.00 that they now are collecting for the moneystore. That house was listed as collateral for the loan shouldnt they have settled when it sold, and also how could that house have even sold if there was still a lean on it to the money store? They are stating that we have to pay them a minimum of 300.00 a month now, and we have to settle this debt etc, you know, the usual threats and scare tactics those scumbag collection agencies use. We agreed to nothing and told them never to call again. but they call every single day 3 to 4 times a day! Saying they will take us to court or get a judgement against us and tack it on to the house we are now in to collect if we ever sell etc etc etc. Can they even get a judgement against us after 8 years of us not even knowing we owed it? I am serious, they NEVER sent us anything or called, we heard not one single word on this matter for 8 years and it still isn't on either of our credit reports.

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Do not speak to them again. Send them a C&D letter and basically tell them to Kiss your a$$.

If they attempt to sue- you have an affirmative defense as the SOL as expired which makes that debt time barred. If you do recieve a summons, answer it- so they don't get a default judgement.

Sounds like a JDB trying to scare/harass you into paying.

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