What are our options to prevent them from taking out our properties? How? 3 Answers as of June 29, 2015

Several years ago, my mother was ill and had to move her into our home and because we didn't have an extra room, we used a credit card to buy supplies amounting to around $6000 to build a small room for her. She her income as part of our monthly income. She lived several years and when she passed away we could no longer pay the bill, this has been more than 10 yrs, another company bought out the bill, and has been harassing us ever since. We are both on social security. We recently had to purchase a new auto, we had no choice, we had an old car that kept braking down on us, and we both have health issues and need to have transportation to our doctor's appointments, the last call we got from them, said they would come and take our furniture, and the car they would lock up and we would not be able to use it. Can you please tell me what our options are?

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Your option is to take all of the information and documentation to an attorney for knowledgeable opinion as to your position and options.
Answer Applies to: Michigan
Replied: 6/29/2015
Law Office of Joshua R.I. Cohen
Law Office of Joshua R.I. Cohen | Joshua Cohen
Contact an attorney to preserve your rights. You're being harassed and receiving illegal threats. You can fix this, but an attorney can.
Answer Applies to: Connecticut
Replied: 6/29/2015
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
First, the statute of limitations on a credit card in Illinois is 5 years, measured from the last payment. It sounds like you are beyond that. Attempts to collect an out of statute debt without disclosure of that fact may violate the Fair Debt Collection Practices Act. You have the right to instruct a debt buyer/ debt collector to not contact you. If the debt is out of statute, I strongly suggest that you exercise that right. All the collector can do is file suit, which is not permissible on a time-barred debt. The threats to take your furniture, car, etc., are unfounded and violate the Fair Debt Collection Practices Act. A debt collector must first file suit, serve you, and obtain a judgment. A judgment can be executed against household goods or a car, but there are significant exemptions that they would have to pay to you. In any event, if the debt is out of statute you have a defense. I suggest you consult a consumer lawyer immediately. The FDCPA provides for an award of fees against the defendant, so it should not cost you anything. There is a 1 year statute of limitations on FDCPA claims.
Answer Applies to: Illinois
Replied: 6/29/2015
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