Legal Question in Credit and Debt Law in Minnesota

I owe an debt. It is about 8 years old. I am unable to pay. letters that have come to my from collection agency/lawyers say the debt is too old to be taken to court. They also call. I do not answer. If I were to answer and they have personal contact with me, can they continue to try to collect the debt just by having had spoken to me? Or can I tell them to never contact me again and that will put an end to it.


Asked on 3/06/13, 5:43 pm

2 Answers from Attorneys

Ehson Salaami MinCal Consumer Law Group (www.mincal.com)

Generally speaking, an obligation based on a written contract that's over 6 years old is too old to collect on unless you have made a payment or reaffirmed the obligation... Are you still receiving letters on this debt? Do you have copies?

You certainly have the right to request all contact with you be stopped and you should put this request in writing with some sort of proof, like certified mail, with a return receipt.

Why don't you give a consumer law a call to discuss your situation? They may have some better advice that's specific to your situation.

You can call our firm up and we would be more than happy to chat with you. You can call at 888-678-5550 or visit at www.mincal.com.

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Answered on 3/06/13, 5:48 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. In Minnesota, if you have an attorney representing you and assisting you, then the debt collector must contact the attorney only.

Here are some general principles of law pertaining to your rights with third party debt collectors: You can stop debt collectors from phoning or writing to you by sending them a letter asking them to stop. Once they get your letter, they can only contact you to tell you that they are stopping their collection efforts or tell you what legal remedies they intend to pursue. It is a violation of state and federal law if the debt collector persists in attempts, and you may be entitled to an award of money plus your attorneys' fees. Note that you should not ignore legal papers received from a debt collector, such as notice that the debt collector is initiating a lawsuit against you.

I cannot advise you on your specific issue; I would need to know all facts. Yes, the 'age' of the debt is relevant; however, it is possible that non-Minnesota law governs your specific debt. Your debt may perhaps not involve third party collection efforts. Simply for your peace of mind , I urge you to seek attorney help at this time. I suggest you telephone several attorneys so you feel comfortable with the attorney you choose to evaluate your issue and provide you with specific legal advice. All the best.

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Answered on 3/07/13, 5:09 am


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