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

Asked over 1 year ago - 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)

  1. Sergio Cabanas

    Pro

    Contributor Level 12

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    Lawyers agree

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    Answered . 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.

  2. Scott Craig Florin

    Contributor Level 5

    1

    Lawyer agrees

    Answered . 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.

  3. Angelo Marino Jr.

    Pro

    Contributor Level 14

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    Lawyer agrees

    Answered . 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.

  4. Dorothy G Bunce

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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!

  5. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    1

    Lawyer agrees

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    Answered . 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,... more

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