Taking the Debt Collector to Court

I had some things happen in my life that to this day, gets me upset when I think about them. Not to long ago I got a call from a debt collector that claimed because my name is Darnell Williams and I live in Harrisburg, I owed this large debt. I told the man that he had the wrong person. He called me a liar. Then I proceeded to tell the man off. At the end I told him if I am such a liar, sue me in court over the money and we will see who is lying and who is going to be sorry. He admitted that he had the wrong Darnell Williams and hung up. He was trying to get me to pay a debt that did not belong to me.


About 12 year ago, I got a notice for court action against me for non-payment of a dental bill for my youngest daughter. In Pennsylvania, a bill collector can take you to court to collect on a debt that is the debt belonging to your child, even if the mother of that child is the owner of that debt. This is the law that they thought they were going to take me to court on. They knew I had the deepest pockets.

However, knowing the law, I knew that my insurance paid 50% of the $2,000 bill. I personally paid 25% or $500 of the bill. My x-wife should have paid the last 25% of the bill. Not only did I pay my obligation under the law of 50% payment (the insurance $1,000 Plus $500 out of pocket), the bill was over 7 years past due. That means that in the Commonwealth of Pennsylvania, neither my x-wife because of the bill being past due nor I was obligated to pay because of meeting my obligation.

Yes, I was totally upset again and sent the debt collector who is a practicing attorney in the area a registered letter stating the facts behind the bill and told the attorney bluntly that if I show up in court with this information, I will counter sue them for violating the Fair Debt Collection Practices Act (FDCPA). Two days later, I got a letter from the attorney with a copy to the court dismissing the action against me. They never bothered me again.

Most people do not have 15 college credits in Business law or a child who has a BS in Criminal Justice as I do so you may want to see an attorney.

In your case, you may have forgotten about a debt because it is so old. It might be yours. So my first suggestion is to ask the collector to provide you with verification of the debt. If you request verification, the law says they must prove that the debt is yours and stop collection actions until they do so. Be sure you keep records of the request you sent to the collector for debt verification.

Once you receive the information from the collector, compare it with what is appearing on your credit reports. If they provide proof that the debt is yours and you have the money, by far the easiest thing to do is just pay what you owe and move on with your life.

But sometimes these debt collectors threaten to take your car, house, or put you in jail. Sometime, the debt is uncollectible because it is over 7 years old. Sometimes the debt belongs to your dead spouse. Never pay someone else’s debt especially with your personal check, no matter what the circumstances are. This could lead to big trouble for you down the road.

If you don't owe the money, or even if you do, I suggest you speak to a really aggressive attorney who would be willing to take your case on a contingency basis. The contingency fee would be based on suing the collector for using threats, like saying they will take your property, that appear to be in violation of the Fair Debt Collection Practices Act, or FDCPA. The FDCPA states a collector may not say they will take an action unless they are actually planning to do so. The collector may not legally seize any of your property to satisfy your debt unless the property is collateral for what you owe. There have been some big awards for violations of the FDCPA.

Either way, if this case goes to court, so should you. If you don't appear before the judge, the collector will get a judgment for the debt that can be used to garnish your wages in some states. The statute of limitations for suing in court to collect a debt looks to be six years in the state of Maine. There is a federal statute and a state statute on this. Typically the clock starts after the debt charges off. The definition of charge-off varies by state, but is generally 120 to 180 days from the date of your last payment.

Should the debt be uncollectible in court due to the statute of limitations, you can add yet another violation of the FDCPA to the list your attorney will be suing for. Bringing an action on a debt that is past the statute of limitations is not legal. If you go to court on your own, simply appear in court and submit documentation showing the statute of limitations has expired and the court should find in your favor. If, however, the debt is collectible in court, I recommend you determine how you will pay what you owe. Working out a repayment plan with the collector before your court date is even better.