The Debt Collector Tricked My Son Into Agreeing to a Repossession Repayment He Can’t Afford – Cynde

Question:

Dear Steve,

Over 9 years ago my son let his car be repossessed when he went to teach overseas he has returned is teaching and has a new family with a newborn.

He was contacted by collector they threatened to take his home and said the IRS will place lean on him and wage garnishment we live in state of Oklahoma how can he protect himself from this?

He was so upset by their harassment he agreed to a payment plan he can’t pay!

What can he do?

Cynde

Answer:

Dear Cynde,

I would suggest you get your son to contact a local consumer attorney ASAP. By acknowledging the debt and agreeing to a payment plan the collector might have scared him enough to restart the statute of limitations clock. It looks like in Oklahoma it is five years for written contracts.

I would urge your son to talk to a lawyer to make sure that is exactly what he did not do. One place to look for a consumer attorney would be through ConsumerAdvocates.org.

It sounds like the collector was lying through their teeth in an effort to get him to do what they wanted. The other issue that only an attorney who is licensed in your state can answer is how his time out of the country impacted the statute of limitations.

I can assure you the IRS has no authority to place a lien on him for an old repossessed car. Collectors know consumers are often clueless about what the collector can and can’t do. A collector can try and scare a consumer into a payment plan even though they can no longer sue the consumer over the debt.

But based on the actions of the collector, it would be worth pursuing if your son has any sort of action against the collector. Again, only the attorney can answer that.

Sincerly,


You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

Damon Day - Pro Debt Coach

Steve Rhode

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