Casper, WY asked in Civil Rights for Wyoming

Q: I received two notices. One for a Revival of a Debt that is 14 years old, the other about a court date and time.

Second notice looks a little odd to me as there is no Name of Presiding Judge or which room I need to go to in said court. The Statue of Limitations in my state is up (10 Years), said collector also has not responded to my request to prove they legally own the debt to collect ( a year ago). How do I handle this?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If you've received notices regarding a debt that is beyond the statute of limitations in your state, it's important to approach the situation with caution. The absence of critical information in the court notice, such as the presiding judge's name and the courtroom number, raises questions about the notice's authenticity. Before taking any further steps, verify the legitimacy of the court notice by contacting the court directly using official contact information found on their website or through a trusted directory.

Given the age of the debt and the collector's failure to prove they legally own the debt, you may have a strong defense against any collection attempts. The statute of limitations typically prevents debt collectors from suing to collect on old debts. It's essential, however, not to acknowledge the debt or make any payments, as this could inadvertently reset the statute of limitations, giving the collector a new window to pursue legal action.

To handle this situation, consider consulting with an attorney who specializes in consumer debt issues. They can help you understand your rights, verify the authenticity of the court notice, and determine the best course of action. If the debt collection attempt is found to be in violation of your rights, your attorney can also advise you on potentially pursuing action against the debt collector for any illegal collection practices.

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