When you think about zombies, the first thing that may come to mind are the green, undead creatures from horror movies. However, these fictitious beings are just that – fiction. Though these monsters are sequestered to the screen, you may find that there is a real-life type of zombie that may be after you – zombie debt. If this reflects your circumstances, you’ll want to keep reading to learn what you should know about whether or not this is valid and how a California debt collection harassment lawyer can assist you if you’re being harassed by a collector.
What Is Zombie Debt?
Zombie debt refers to any debt that has fallen off your credit report, has been paid off, or is past the statute of limitations that a debt collector is trying to collect on. You may have even forgotten about the debt in question because it’s been so long since it was taken out or paid off.
In many instances, the original collector will sell the debt for pennies per dollar to a collection agency looking to make some money off the debt.
Does This Violate the FDCPA?
Generally, this violates the Fair Debt Collection Practices Act (FDCPA) when the debt has already been paid off or is past the statute of limitations for debt collection. In California, this is four years. As such, any debt collector who contacts you regarding a zombie debt is likely in violation of these files.
In the event you are being pursued by a debt collector for a zombie debt, the last thing you should do is agree to make payments or make any payments until the debt has been validated. If you do so, the statute of limitations can reset, meaning you will be legally responsible for the full funds and the collector can file a lawsuit against you.
If you have been contacted by a debt collector regarding a debt you do not remember owing, the first thing you should do is ask the collector for a validation letter. This is a letter that explains who the original lender is and how much you owe. You should cross-check your credit report to see if the debt is still open or if it’s been paid off. If it has or has been discharged in bankruptcy, for example, you should send them a letter informing them that the debt is not valid and to stop contacting you.
What Should I Do if I’m Being Harassed?
When you’re being pursued for a zombie debt, understanding how to proceed is critical. Generally, the most important thing you’ll want to do is connect with an experienced attorney. Not only can you fight for the harassment to stop, but you may even be entitled to compensation via statutory, economic, or non-economic damages.
At Loker Law, we understand how frustrating these matters can be, which is why were are ready to fight for you. Contact our firm today to learn how we can help you through these complex times through a free consultation with a member of our team.
