Constantly calling leaving no message. Looked up who they are and no idea why they are calling me. I have no debts and my credit report is clean. Tired of these calls
I just received a call from this number: Suttell Law Office looking for some one not living here. I am submitting this number as a harrassment caller in the National Registry.
Tried to get a hold of them to explain that they are wasting their time and got burned by Chase. I am disabled and my only income is SSI/SSD so they can get a judgement against me and end up with nothing. I informed Chase of this fact but it looks like they sold the debt anyway. I got served today and tried phoning them but they won't answer. So they will continue to pay fees associated with getting money from me and I have no money that they can touch.
Sec. 207. [42 U.S.C. 407] (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) No other provision of law, enacted before, on, or after the date of the enactment of this section[93], may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
(c) Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this title, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986[94] by the person entitled to such benefit or such person’s representative payee.
If Chase sold the debt to a debt collector without disclosing what you told them, which does make it impossible to collect the debt during your lifetime, they are guilty of felon fraud in the sale, and you should report this both to the purchasing debt collector that they have been defrauded and also file a police and a Federal Trade Commission Report of this. Finally, your state attorney general may be interested in taking the case, since all debt collectors are usually licensed by each state they attempt debt collections in.
Also be aware that just because you have been served does not automatically mean that a court will hear the case. It is however an illegal tactic in my state to send anything to debtors that leaves the impression of a legal action, and you can sue them for $500 in state court or $1,000 in federal court for violating state and/or federal collection regulations and statutes. Indeed a few people make a comfortable living with these lawsuits against debt collectors.
Check with your state's court to see if an actual case has been filed. If it has you need to file your response to the action in that court within the time limit. Although they cannot collect anything in your lifetime, once a judgement is made and not removed by bankruptcy they may be able to collect from your estate if it includes any real estate, and you have to live longer than the maximum time judgements can be extended to avoid that. If you don't own real property though and only have one or no car there is normally nothing whatsoever they can do in court to collect money from you, although they are in my state permitted to reclaim anything bought on the credit card within the two years prior. Generally though lawyers won't even bother because they aren't used goods salesmen.
Your state bar association and your state (or county) district courts should have instructions for how to respond to debt collector actions. In my state a judgement against you lasts for a decade and can be renewed once, so 20 years after the judgement no court will enforce any judgement as long as you point out the time deadlines. If no judgement is applied for within the number of years allowed by your state's statute of limitations, no successful collections are possible as long as you don't simply ignore supenas and fail to apply for the statutory exemptions on the collection action that normally follows a judgement.
If you want there is a way to force a debt collector to file for a judgement against you, and that can be advantageous in some circumstances. After the judgement is ordered, the maximum 20 year statute of limitations on claims against your estate will expire sooner than if you wait to see if they file for a judgement five to six or seven years from now.
Constantly calling leaving no message. Looked up who they are and no idea why they are calling me. I have no debts and my credit report is clean. Tired of these calls