Legal advice - PLEASE HELP!

[Jerryl]

So,
In 1996 during my HEATED divorce in Burnsville MN, I did not care much about life in general.

During that time, a "friend", had just lost his job from Seagate.
He needed to go back to college, and I co-signed a "higher education loan" in 1998 without much thought.
Well, to my surprise, I just got a letter from the MN IRS looking for their money. Of course, this “friend” is no longer listed in MN per 411 information. A search online does not show anything for Michael J Rowcliff (Est. age is 55)

His last known location was in Apple Valley, MN
What are my options?

This is the LAST time I do ****** for people.

 

[gn4u2c]

contact FBI via .gov site and post your question to them, They will give you a list of things to fill out, name addy #'s SS# and more. Then they will give you his current address and # if they feel your complaint is valid. Worked for me a few years back locating a guy who ducked out on paying me for a car (bad check).

 

[Buick From Hell]

maybe there's some statute of limitations on this, 10 years after the fact is a bit much...

 

[jdodman]

I work in the collections industry. There is a statute of limitations and it usually is 10 years, for most debt.

If it is still valid debt, consider a collection company as they can skip trace just about anyone, anywhere. A collections company will pursue the debtor for a commission, and depending on the amount, they will find this person and possably collect the debt.

If you decide you are not going to get satisfaction, contact the creditor and offer to 'settle' the debt for say 1/2. You would be surprised how often they will settle for a partial payment, especially given the time that has elapsed.

 

[Chuck Leeper]

"Well, to my surprise, I just got a letter from the MN IRS looking for their money"... He borrowed the money from the IRS????

 

[Jerryl]

I work in the collections industry. There is a statute of limitations and it usually is 10 years, for most debt.

If it is still valid debt, consider a collection company as they can skip trace just about anyone, anywhere. A collections company will pursue the debtor for a commission, and depending on the amount, they will find this person and possably collect the debt.

If you decide you are not going to get satisfaction, contact the creditor and offer to 'settle' the debt for say 1/2. You would be surprised how often they will settle for a partial payment, especially given the time that has elapsed.

Thanks for the advice.
I called Office of Higher Education Loan Department (where the letter is from .....)
Of course I got the "run-around". They stated that were unable to release any info and had to deal with the collection "Minnesota Revenue". (I now think that is just a name of the collection service, a State Agency Debt Collector) The web address of the service however is Minnesota Department of Revenue

The lady I spoke to at the collection was quite rude and not very helpfull at all. (Surprise uh?) My understanding is that there no statue on money borrowed, but I hope I am wrong! I will call the supervisor.
They quoted Minnesota Statue 550.37 subd. 14
I'll have to do some research on that.

"Well, to my surprise, I just got a letter from the MN IRS looking for their money"... He borrowed the money from the IRS????

Not sure Chuck. I know I never did. I think that the loan was backed by the state due the company's downsizing efforts. Not sure.


Bottom line:
NEVER EVER EVER cosign ANYTHING for ANYONE!!!

 

[stack1]

If you co-signged, then you're on the hook. You likely signed a contract which wouldn't have a statute of limitations. Get a copy of the contract, it may have some of his personal information on it that you can use to locate him. Hire a private investigator or contact a friend in law enforcement to track him down.

 

[Chuck Leeper]

Yep.. the limit likely does not apply, as MANY folks are paying loans back for much longer than 10 yrs!! Some NEVER do pay them, just keep rolling them over. Or, in your "friends" case, just not paying at all.

 

[Jerryl]

If you co-signged, then you're on the hook. You likely signed a contract which wouldn't have a statute of limitations. Get a copy of the contract, it may have some of his personal information on it that you can use to locate him. Hire a private investigator or contact a friend in law enforcement to track him down.

Thanks for the advice.
I will track him down ...........
I feel like his daddy, yet I'm the one getting ******.

 

[Jerryl]

..Bottom line:
NEVER EVER EVER cosign ANYTHING for ANYONE!!!

I will quote myself so I will NEVER forget.
Not for your brother, not for your sister, son in law, mother in law, etc .........
Heard too many bad stories from laywers in the past 2 days.

 

[Chuck Leeper]

How about..

"In 1996 during my HEATED divorce in Burnsville MN, I did not care much about life in general."


a bit of sick humor, in a bad timeframe.
If you'd of killed her instead, you'd be out by now!!

I'd bet that you aren't the only one left holding the bag. Maybe some local searching will locate others that got screwed. They may have already found this scum bag.

 

[Jerryl]

"In 1996 during my HEATED divorce in Burnsville MN, I did not care much about life in general."


a bit of sick humor, in a bad timeframe.
If you'd of killed her instead, you'd be out by now!!

I'd bet that you aren't the only one left holding the bag. Maybe some local searching will locate others that got screwed. They may have already found this scum bag.

These are the times one wishes he knew the right people.
Found some info on;
Michael James Rowcliffe (Born Sept 1952)
7297 126TH ST W (as of 4/1/03) SAINT PAUL, MN
Wife Esmeralda

Interesting fact.
Found a pic of him at IN The Company of Kids "Creative Arts Center" Dance, Music, Voice, Acting Studio It is GONE today! I am sure they do not want to be associated with a scumbag! But AHHHH WAIT! .... I saved it!

 

[stack1]

They took down the pic? Try calling that place and pretend to be an old buddy and see if you can get any info from them. You need someone that has access to the information databases such as Lexus Nexus. I have access to it, but I can't risk losing my job. All I have to do is put in someone's name and I'll get their ss#, dob, phone number, current and all former addresses for the past 20 years. Also try the county auditor website and do a search for property in his name. Check the clerk of courts website, he may have something out there that will give his address. Good luck tracking this scumbag.

 

[Jerryl]

They took down the pic? Try calling that place and pretend to be an old buddy and see if you can get any info from them. You need someone that has access to the information databases such as Lexus Nexus. I have access to it, but I can't risk losing my job. All I have to do is put in someone's name and I'll get their ss#, dob, phone number, current and all former addresses for the past 20 years. Also try the county auditor website and do a search for property in his name. Check the clerk of courts website, he may have something out there that will give his address. Good luck tracking this scumbag.

Yeah, Called yesterday and left a VM, "trying to locate a long lost friend".
No return call -- Surprise!

Thanks for the and advice and the thought of assist.
Not worth loosing "anything more than already has been" for a scumbag.

 

[Mike Licht]

MICHAEL J ROWCLIFFE Born Sep 1952
3306 RIVER BLUFF DR
SAINT PAUL, MN 55121
(651) 340-0582


MICHAEL J ROWCLIFFE Born Sep 1952
7297 126TH ST W
SAINT PAUL, MN 55124
(952) 891-5344


from Intelius:
Background Report for Michael Rowcliffe
Address History for Michael Rowcliffe includes the following cities:
2 Addresses in SAINT PAUL, MN
2 Addresses in MINNEAPOLIS, MN

1 Address in OAKTON, VA

for $50 you can get a full report if you want.

 

[Chuck Leeper]

Ain't the net wonderful???
maybe do a search on each of the others at that school, and get home fone numbers, addys, etc. Do a *67 on thier fones, and get them to answer.. I bet they know where that a$$hole is!
Once you find him, a call to the Mn IRS, should/could make his day lesss than great!
If he's divorced, chances are, he's welched on the support. The states are now revoking dr licenses on these deadbeats... maybe the state of Va would help??

 

[Mike Licht]

most anything is on the net if you know where to look
Mike

 

[salvageV6]

Other than harassing phone calls from a collection agency over someone elses debt, why bother tracking him down at all....

Just do what he did and not pay anyone.

I'd stop answering the phone personally (machine screen) and check the level of harassment from the collection agency to see how serious they are in collecting the debt.

Never cosign a loan for anyone without holding some real collateral.

Tell the collection people once on the phone that you heard HE is going to pay over time, and then slip quietly into the darkness....

 

[Jerryl]

Ain't the net wonderful???
maybe do a search on each of the others at that school, and get home fone numbers, addys, etc. Do a *67 on thier fones, and get them to answer.. I bet they know where that a$$hole is!
Once you find him, a call to the Mn IRS, should/could make his day lesss than great!
If he's divorced, chances are, he's welched on the support. The states are now revoking dr licenses on these deadbeats... maybe the state of Va would help??

Good Idea! I will try that. THANKS!

Other than harassing phone calls from a collection agency over someone elses debt, why bother tracking him down at all... .. Just do what he did and not pay anyone.
I'd stop answering the phone personally (machine screen) and check the level of harassment from the collection agency to see how serious they are in collecting the debt. Never cosign a loan for anyone without holding some real collateral. Tell the collection people once on the phone that you heard HE is going to pay over time, and then slip quietly into the darkness....

I may try that as well.
I contacted the MN Revnue Collection service and told them I need a copy with my signature on the loan agreement. It looks like IU am dealing with government! (Sweet uh?) Wish they would have just called me to tell me the loan was not being paid! I would love to "just not pay", but that is not reallly an option. I am too carefull about my credit rating and worked my @$$ off to get it back after the divorce. GREAT idea on the "here iks his contact info and he said he is going to pay" though.

most anything is on the net if you know where to look
Mike

Mike, Thanks!
I got a full report from a PI, but the numbers are invalid.
But there is a house in the wife's name. Oh, and he has a 2001 Mitsebushi SpYder GS Convertable. I will send a certified letter to contact him.

The "children" outfit called and they said he no longer theaches there and they will pass my phone number on to him to contact his "long lost friend" to catch up and talk about the old times.

Thanks for the support fella's!

Jerryl

 

[Junior Samples]

J, My friends a retired cop and now a PI he can find anyone for 100 bucks, that Intellus wont do squat. Doug can find out if this guy crapped corn yesterday

I think at this point it becomes a civil matter because you signed on loan, he defaulted and you are now libel.

So you sue him, slap liens, garnish wages and you will have to pay off the loan but as long as he is working you can garnish...if he is a slug with nothing in his name then you will have to go after his new wife if he has one because from what i understand when you marry dont you incur the debts of your now spouse?

well im not sure about that one but it sure seemed that i incur'd the debts from mine..lol

good luck and if you need Dougs number i will give it to you