Judgement in Norway

[mrthor]

Illinois
,

Hello,

I just received a call from a collections agency for a voluntary reposition of a car back in October 1993. This is when I went into default and gave them back the car. However this took place in the county of Norway.

I am a American that moved back to American in November 1993 and I have never heard or seen anything regarding this issue before today.

I received a call from a collections agency here in IL demanding payment for the car. They said that a judgment was filed in Norway April 1995 for the amount of $25000.- ( which I never knew about ).

It has been 12 years and 3 months since I was in breach of contract and returned the car to the bank. Can they file a judgment here in IL for this issue so many years later? I did inform the agency that it was over ten years ago that I went into breach of contract and returned the car, they replied that it is 10 years from judgment date and not breach of contract?

 

[seniorjudge]

Tell them to bite rocks.

Then check your credit rating about six months from now.

There are lots of creditor-debtor people who will tell you what to do if these people try to put an uncollectable judgment on your credit report.

 

[mrthor]

Credit is very important to me. I have worked many years to get it up in the high 700's. I am worried that this will destroy my credit.

 

[ihatearizona]

They would have to move the judgment from Norway to your state in order for it to have any effect. Have they done this??

 

[mrthor]

I have received no judgment, (atleast not yet?) here in America. just a call from the collectors today. This was the first I have heard from anyone regarding this since I gave the car back in October of 1993. Can they file a judgment now after so many years?

 

[ihatearizona]

No. The debt would be time-barred. They could try to sue, but you could use the statute of limitations as your defense.

In order for them to make you pay the Norway judgment, they would have to move it to your state. I don't even know if this is possible with a foreign judgment.

 

[ihatearizona]

BTW: The statute of limitations on a written contract in IL is 10 years. If your vehicle was repoed in 1993 then they lost out in 2003 (not that I'm even sure they could legally collect on this anyway).

You really need to request debt validation from them if they continue. Click here: http://www.creditinfocenter.com/rebuild/debt_validation.shtml

 

[mrthor]

Hello again,

Is it 10 years from judgment date ( April 1995 ) or 10 years from defalt of contract ( October 1993 ) for the statute of limitations? And if they were to try to sue here in IL, would the suite go by American law or Norwegain law?

Thank you so very much in advance for all your help!

 

[ihatearizona]

The 10 years would be from default of the contract.

If they were stupid enough to try to sue you, they would have to use US law as this is the US.

 

[bigun]

Out of curosity, who is the collection agency?
They are bound by the FDCPA and must furnish you a copy of the judgment.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

Send a letter demanding a copy of the alleged judgment and, demand no further contact by phone. The only acceptable contact is by mail. Send the letter CRRR.

 

[mrthor]

Hello,

The name of the agency is American Agencies the a area code of 630. I would love to know how they received both my home and cell phone #?

What do you mean by sending a letter CRRR?

Thank you all again for all your help regarding this matter!

 

[bigun]

Certified, return receipt requested

 

[ihatearizona]

It's illegal for them to call you on your cell phone.

 

[seniorjudge]

It's illegal for them to call you on your cell phone.

Please give the cite on that law.

I really need it!

Thanks....

 

[ihatearizona]

From the FDCPA:

§ 808. Unfair practices [15 USC 1692f]

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.