Legal Question in Credit and Debt Law in New Jersey

Debt collections of a 3rd party

My 18 yr old son was recently sent a letter from a debt collector. It stated that he was responsible for a debt that occurred when he was 10 yrs old. My son never signed a contract for the services. I filed for chp 13 bankruptcy and the debt is included in it. My x husband has not received any contact about this debt. Shouldn't they be going after my x-husband instead of my son?Is this lawful?


Asked on 1/08/08, 7:17 pm

1 Answer from Attorneys

Re: Debt collections of a 3rd party

Many, not all, debt collectors are one notch above rapists, and many have NO scruples. Spend time educating yourself about the Fair Credit Reporting Act. 1)It is OK to call, but ALWAYS, ALWAYS, ALWAYS respond in writing. 2) Here, respond immediately, dispute the debt, point out that it can NOT be his, as he was 10 y.o. when they claim the debt was incurred, and second, the debt is over 6 years old, so they can not pursue the debt, even if it was his. TELL them NOT to ever contact him again, and if they do, he will report them, and if they report the invalid debt to the reporting agencies as his, that he will sue for defamation of credit. If you call, do NOT be nice, be factual and indignant - but ACT NOW!

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Answered on 1/08/08, 10:33 pm


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