What are the debt collectors limits in money collected? 13 Answers as of July 03, 2013My credit card is from 1996-2001 and apparently I quit making payments. I honestly cannot remember. A debt collection called & said in 2003 I was served & sent to court & they won a suit against me for $10,000. I wasnt there. Now the debt company is getting ready to reopen my case & sue me again. I asked for breakdown copies of what I owe but told they only know I owe $10,000. Do I have any rights?
Ross Smith, Attorney at Law | Charles Ross Smith III
You have made a reasonable request that the creditor document it's claim. Unfortunately, you will be ignored because you are not an attorney. You can ignore them and wait until they sue you. At that time you can hire an attorney to defend you and demand that they prove their claim. This is fairly likely to be successful. Many times these claims are traded around and there is no proof to substantiate them. Remember, if you fail to defend the suit, you lose automatically. Or you could offer to settle now. Sometimes you can settle these for 20 - 80%, if you have cash. Money talks. Nothing else works. An attorney is more likely to be able to settle this debt successfully. Good luck.
Answer Applies to: Ohio
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A judgement is good for 10 years. If there was no judgement, the statute of limitations is long gone and that is an absolute defense to a collection case against you, (and in fact you could sue them for filing such such a action). It sounds fishy this business of "reopeing your case and suing you again." That is simply not how it works. A legitimate debt collector will send you proof you owe the debt (and if fact they are required to do so). If you have never received a letter from these fokes they are frauds. They will not give a legitimate address or company name. The address will turn out to be a PO Box and there will be no record of them at the Secretary of State's Office.
Answer Applies to: California
Burnham & Associates | Stephanie K. Burnham
You should seek the advice of an attorney to review all of the actions taken to date. You may have the ability to challenge the debt, but each conversation or document that you send to the collection company may open you up to liability. Be very careful what you say to creditors and collection agencies.
Answer Applies to: New Hampshire
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If a debt collector has a judgment it is enforceable for ten years. The judgment can be renewed for an additional ten years. You have to pay your judgments. The judgment creditor can attach your wages or levy your bank accounts among other remedies. You have the right to claim an exemption to protect your assets.
Answer Applies to: California
Colorado Legal Solutions | Stephen Harkess
To determine your rights, you need to go to the courthouse and see what was filed and what was entered against you. If you were served and the creditor received a judgment, then they have the right to try to collect it.
Answer Applies to: Colorado
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
Don't pay the debt collector anything without proof of the last date you made a payment or utilized the card. If they file suit, you should file an answer asserting the statute of limitations. If the debt is as old as you say, collection of the debt is probably time barred. It would be worth the money, given how much they say you owe, to get an attorney to file the answer for you and appear in court on your behalf. Investing a few hundred dollars could save you thousands.
Answer Applies to: Alabama
R. Steven Chambers PLLC | R. Steven Chambers PLLC
Yes. They have to prove that you owe the debt. If they are suing you again, it is likely because they didn't really get a judgment. If the debt is from 2001, the statute of limitations has very likely run on it, which is a defense. You should get an attorney to raise these defenses because they are fairly complex and technical.
Answer Applies to: Utah