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Change of address


mikemm
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I am moving soon to a new address. I have a old credit debt that is past the statue of limitations that they are still mailing and calling me on.

My question is should I provide them(or credit agencies) with the change of

address? The reason I ask is if they sue and send it to my old address I may not see the paperwork and lose the case if they decide to sue. I will do a change of address with post office but worried that may expire after a while.

Thanks!

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If you want to stop them from calling and mailing you, all it takes is a Cease Communication letter per the FDCPA. For an out-of-SOL debt, I would definitely go that route.

If you had an active account with a creditor, or even one that you had defaulted on, you probably have a legal obligation to keep them informed of your current address. But once the SOL has expired, I don't think you have that obligation any longer.

I think you're overly worried about being sued. If they decide to sue you, they have to serve you with the paperwork. Then you get to defend yourself. If they are unable to serve you, the case should be dismissed. The only way for them to get a default judgment against you would be for them to take some illegal action. If they make those illegal actions and get a judgment, but then somehow manage to locate you to execute the judgment (after not being able to locate you to serve you) you may have to expend some effort, but not only should you be able to get that default judgment overturned, you should be able to get them in a lot of hot water.

So, write them a Cease Communications letter, move, and forget about them.

Regards,

DH

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