Actions taken by debt collection agencies are limited by law in Oklahoma

Debt collectors are subject to laws, which may provide a defense for individuals feeling harassed.

 
BY PAULA BURKES    Comment on this article Leave a comment
Published: August 18, 2010

Seniors, beware. If you're being harassed by calls from debt collectors, don't be bullied into paying anything before knowing the law. In Oklahoma, the statute of limitations on most debt is three years and if you pay even as little as $5 on an old debt, you'll reset the clock.

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As reported in a story Sunday, more and more seniors today are being guilted by debt collectors to tap their fixed assets to pay credit card, store, hospital and other accounts. Frequently, collectors are junk debt buyers who've paid pennies on the dollar for debt that long may have been written off.

Although federal and state laws prevent creditors from garnishing Social Security and other assets, it's the responsibility of seniors to be aware of and raise exemptions.

"Many times people's first response to a lawsuit, or even a collection letter, is to panic," said Richard Goralewicz, an attorney with the senior division of the Legal Aid Services of Oklahoma Inc., "and panic is never a good response to anything.

"Very often people who are sued on a debt, even if it was at one time a legitimate debt, have defenses," he said. "In many cases, especially for people on fixed income, that income is exempt. So for Social Security, pension benefits or other federal benefits, a private creditor will not be allowed to garnish your accounts, even if they get a judgment."

In most cases, a consumer's home, one vehicle and household furnishings also will be exempt from collection or attachment.

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