10 yr old DUI charge, debt sold by county to debt collector, still enforceable?

[Eliot Rosewater]

10 yrs ago a relative got a DUI, he was young and irresponsible and left town and never paid the fine.

$2300.00

Now the county where he got the ticket has sold the debt to a collector who warns in the letter (they found where he is living somehow) that they have SPECIAL enforcement privileges due to the debt being a government entity.

My first question is as it has been 10 years, could they garnish wages or tax returns at this point?

He is going to call them and make an offer to settle as he now has a job, but he doesnt know what to do on that either.

Suggestions? Yes, he should just pay it, but he is BARELY not homeless and has been homeless for years before this, any amount of money he would have to pay would threaten his huge weekly rent situation.

[Hugh_Lebowski]

1. Talk to a lawyer!!!

There's somewhat of a chance that it would be making a HUGE mistake, and that the best thing to do is just ignore them and/or contact the original court directly.

[Eliot Rosewater]

2. The original court convicted him of a DUI, he then just didnt pay the fine.

What is the HUGE mistake part?

[Hugh_Lebowski]

5. Well to start with, failure to pay can be an additional crime

What if he pays these people $2300 and they're actually scammers who just look up outstanding fines in court records? What if he's left with still owing the original court $2300 (or more), AND still has an outstanding warrant for his Failure to Pay charge?

That would be the most extreme case. OR so much time has passed that he doesn't really have to pay it anymore due to SoL?

There's a number of possibilities wherein this is a bad decision.

[Eliot Rosewater]

6. Never thought of that, THANKS!

[SWBTATTReg]

3. A lot depends upon the state jurisdictions and laws/regulations surrounding the life of a debt,

etc. I highly dispute the claim that it's a 'government debt' that it's special (thus, aren't all DUIs a government debt?), has 'special' enforcement privileges as a result, etc., this is probably a scare tactic.

Also, don't call them, if he calls them, he's acknowledging the debt...don't do this until you've consulted an attorney first, and get their advice first or have one represent your relative if you chose to address the (I think too old and obsolete) old debt. Some of these tips are from YouTube from one of that attorneys that broadcast such tips and are pretty helpful. Perhaps you can find something on there will help but your best bet is get an initial (maybe free) consultation w/ an attorney and go from there...

[Eliot Rosewater]

7. Thanks...

[jmbar2]

4. Don't talk to the debt collector or make any offers until he learns if it is dischargeable!!!

There is a statue of limitations on debt, and he could be past it, despite what they are saying.

HOWEVER, if he agrees to payments, it RESETS the collection clock. Tell him to do nothing for right now. They may be lying about it being a collectible debt to get him to restart the clock.

Second, depending on your state, there may be a way to declare that he is indigent, and the debt is uncollectible. Then, he can ask them to not contact him ever again.

In a worst case scenario, get a new phone, and let the old phone # be the default debt collector phone. Every time they call call, they get no answer.

Once the debt falls off his record, he will be shocked at the sudden jump in his credit rating.

[Eliot Rosewater]

9. thank you...

[Haggard Celine]

8. I'm assuming he doesn't have a driver's license,

since that unpaid DUI would be on his record and would follow him wherever he went. I wouldn't worry about the debt collector having "special enforcement privileges." Debt collectors say all sorts of shit just to scare people into paying.

He needs to pay the fine and get it off his record, though. It will be much easier for him to get back on his feet if he doesn't have unresolved violations on his record. He should see if they will settle for a smaller amount, or he could work out a payment plan with them.

[Eliot Rosewater]

10. Correct, no drivers license. But make a payment plan with the debt collector?

Wouldnt it be better to pay the county directly, the letter says dont contact the county which sounds suspicious to me.

[Haggard Celine]

12. Yeah, that would be better.

That's what he should do; call the county. Don't mess around with a debt collector. Those people are evil.

[Merlot]

13. I would not make the payment to the debt collector.

First, don't do anything. Then, contact every person you can think of EXCEPT the debt collector to discuss this. Contact the original court, any pro-bono lawyers, etc. Have a plan.

The debt collector bought this debt for pennies on the dollar, and they may or may not follow up to getting it removed from his record. Assume the debt collector is unscrupulous and work from there to resolve this.

[keithsw]

15. I don't think he can

I believe once they sold it, it's gone. I think the debt collector is who would get money

[EndlessWire]

20. Don't deal with the debt collector.

Make a plan to pay this debt off in full. I wouldn't be surprised to discover that there are additional penalties for not paying for ten whole years. Take whatever info the debt collector has provided to locate the debt and deal with the court. Of course, keep all receipts. Then, afterwards, tell the debt collector that the bill is settled and they better not bother him anymore. I can't imagine that you can get out of paying the judicial system for what amounts to a crime (it just is) by hiding. They can probably arrest him and throw him in jail. Don't let that happen. Find a way to pay it off. It won't go away. I vote pay it off over the rent. He has more to lose by not paying that fine than the other thing. Wow, I'm sorry to hear this.

[Tomconroy]

11. I think talking to a lawyer is a very good idea. He may

Have more problems than he realizes like an outstanding warrant for failure to appear or violation of probation. A lawyer who specializes in DUI is probably what you need. But it will likely cost some money.. It's possible just talking to the clerk's office will let you know the actual status of the case.

[jmbar2]

14. Good legal site - AVVO

AVVO is an online legal board where you can put out questions, and lawyers will answer them. You can also see a lot of other people's questions, by state.

Some of the answers to your questions may already be there. Good luck.

[Eliot Rosewater]

17. Thanks...

[bluecollar2]

16. First thing to do with any debt collector...

Demand written proof that the money is owed and that the debt collector has been given authority to collect it.

The demand should be in writing and sent by certified mail with a return reception requested.

[Eliot Rosewater]

18. Will do. thanks

[bluecollar2]

19. You're welcome

Under no circumstances should he acknowledge he owes the money or speak to anyone.

All communication should be in writing.

[MissB]

21. This

There are templates out there that give you the appropriate format.