white International Society for Individual Liberty > Don't Get Stuck Paying "Zombie" Debt
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_______________________________________________
Towards Liberty
A COMMENTARY ON CURRENT EVENTS
– by Jarret Wollstein –
_______________________________________________


Scam Alert:
Don't Get Stuck Paying
"Zombie" Debt

– 04-03-05 –

     It's an increasingly common occurrence. A collection agency calls or sends you a letter demanding payment for a debt you thought was paid long ago or which you forgot about completely.

     The agency threatens that if you don't pay up within 10 days, your credit will be hurt and they will sue you.

     If that's happened to you, you may be a victim of "Zombie Debt Collection."

     Zombie Debt is debt either you don't owe or which the creditor long-ago wrote off as losses. The consequences to you of not paying: Zero. Collection agencies buy such virtually worthless paper for pennies on the dollar, so even if you pay it off, the actual creditor may get nothing.

How to protect yourself.

     First and foremost, demand proof from the bill collector that you actually owe the debt. They are legally obligated to provide such proof, usually within 30 days. If they can't prove you owe the money, you are probably home free.

     This happened to me a few years ago, when a bill collector attempted to collect monies for a bill I had long since paid off. When they could provide no proof of the debt, I promptly informed them that under the federal Fair Debt Collections Practices Act they could be subject to a $100,000 civil penalty plus fraud and harassment charges if they continued to try to collect a non-existent bill. I never heard from them again.

     Generally, if the claimed debt is less than a few thousand dollars and over five years old, it has probably been written off by the creditor long ago. Also in many states, the statute of limitations for debt collection is just two years, so if the claimed debt is over two years old and there is no court judgment against you, you are again home free.

     If someone does attempt to collect what you think is zombie debt from you, also check your credit reports to make sure the bill collector hasn't informed them. Even if the debt was legitimate and previously in your credit record, claiming it again, a second time, would constitute misrepresentation, and should be corrected by the credit reporting service.

     The three major credit reporting agencies are:

Experian (888-397-3742),
Equifax (800-865-111), and
TransUnion (800-916-8800).

     If you do owe the debt, by all means pay the legitimate creditors, but don't get stuck paying zombie debt.


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