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Posted in Taxes
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Question By
JasonGaffney

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Creditor taking my tax return?
Long story short I have a creditor attempting to collect a debt I paid off over 15 years ago. Although the bank who owned the debt is willing to help prove this is paid they don't have records that go back that far and of course I don't have proof of the payment either.

The creditor vanishes from my credit report every single year and only magically reappear during tax season. They stay around long enough to take my state return and then magically disappear until the next year.

I refuse to pay them out of principal and the debt is significant enough to sting too much to simply write them a check to make them go away ($2,800).

I've requested through the credit agencies that they show proof of debt and their response is always to cower and go away. Just when I think it's over they reappear again the next year and the process starts over.

What are my options here?

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1) 15 years is well past the statute of limitations for debts in nearly all states (highest I've heard of is 10 years). I'd check my state laws, mention that fact to them, then threaten them with legal action at this point (if it's worth your time and resources to do so). 

Top Contributor
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What do you mean that they stick around long enough to get your tax money? I hope you phrased that incorrectly and have not been giving them money. Do they have a judgement and has the court put garnishments on your income? If the courts were not involved here and no money has went to them then that is good. I suggest that you contact a FDCPA (fair debt collection practices act) law firm for help with this. Keep all proof of the debt collector doing this, copy of credit reports, bills, caller ids, etc. Many FDCPA law firms will not charge you any out of pocket expense. Kimmel & Silverman is a good firm if they practice in your state.

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