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Got a call from a paralegal saying that they will open a lawsuit gains me , about my credit debt .

Miami, FL |

i haven't pay any of my card since 6 years or more ago , i just got a job but what i make is not enough , what should i do to resolve this situation

Attorney Answers 5

Posted

You can call the creditor and make a deal, or you can talk to a bankruptcy lawyer about filing for bankruptcy protection. Another, probably less favorable option is to do nothing and hope it will go away.

The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.

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Posted

I have never seen a paralegal call to say that they will open a lawsuit against someone. Paralegals cannot file a lawsuit and lawsuits are not opened. Sounds like debt collector hype. Hope this perspective helps!

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Posted

Creditors often use the threat of litigation to convince you to pay. However, it appears that the time for them to file a lawsuit against you may have expired. You should consult an attorney to find out more about your legal options, rather to be left guessing about your rights, or worse, forcing you to agree to give up rights you may have.

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Posted

Based on the limited information above, if you have not made any payments in 6 or more years, the time to file the lawsuit has likely expired. Making a payment could open you up to liability by restarting the time they have to file a lawsuit.

By threatening to file a lawsuit, the paralegal or collector has likely violated the debtor harassment statute(s). For more information, check out the link below.

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Posted

Asuming that no payments have been made in 6 years, there is a very good chance the statute of limatations expired. You send the collection company a cease and desist letter. If they violate the letter or sue you, contact me. I am a consumer lawyer that handles these types of cases. Go to www.ConsumerLawyerHelp.com for a sample cease and desist letter.

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