Night of the Living Debt

Many people have been afflicted by the recurrence of old debts through third party collections. It may be for a debt you paid long ago, or a debt that simply reappears after years of being out of circulation. This type of debt is called "zombie debt," and suits about this are becoming more common as debt collectors get more desperate to get money from an unsuspecting public.

The debt is called zombie debt because it keeps coming back to life, being sold from one debt buyer to another over and over again. These will often lead to the debt buyer filing a lawsuit to get a judgment against you, so they can begin wage garnishments and other painful collection actions. Often, you can't even tell what the original debt was, let alone if you actually owe it.

I have spoken to many clients over the years who felt powerless to fight this kind of debt. They can't prove they don't owe it, so they feel like the burden is too large and they don't even appear at the hearing to fight the debt. Unless you are about to file a bankruptcy, this may be a mistake for this third party collection.

First, remember that the burden is on the creditor to prove you owe the debt, not the other way around. Often the basis for the debt is only noted by one line in a computer database; other times it is so removed from the original source there is no link between it and you. Maybe the debt is too old to be enforceable.

You may have rights under either state or federal law that allow you to not only prevail on such a suit, but offer claims against the collector for damages and even attorney's fees. That last bit makes these cases rather attractive to an attorney and more affordable for you to get quality representation.

Most attorneys who practice in this area will offer a free initial consultation about your case. They can provide perspective on the matter at hand, and may help you realize you have power you didn't know about to stop malicious collection efforts like these.

You can call 816-272-5544 and I will be happy to help if I can.

Photo Scott Beale\Laughing Squid under Creative Commons License.