I received a call from a collection agency yesterday and they said they are suing me over a delinquent debt that happened over 10 years ago. I asked them when was the last payment and the guy gave a vague answer of between 2005 and 2015. He said "I will see you in court."
Can they sue me for a debt incurred around 2007. I think my last payment was around May 2007 and it happened in another state.
Any advice will help.
There is no fair dealing with a cold call collection claim. You will not receive meaningful response to a question. The caller must verify your identity. You did so. You are now tracked down. The statute of limitations is a defense. If sued you must affirmatively state facts in support of the defense of statute of limitations. That is 6 years. If 2007 was the last time you paid the statute of limitations would have run out in 2013.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
A debt from 2007 would be too told to sue on if no payments were made in at least the last 6 years. However, you need to be cautious and make sure you know exactly what you are being told and what they are collecting. There is an abundance of debt collection on debts that were sued on many years earlier and for which a judgment was awarded (usually a default judgment). If the debt they are trying to collect is a judgment, it is enforceable for 20 years.
ATTORNEY ADVERTISING: Past performance is no guarantee of future results. The foregoing statements and links are made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. You understand that there is no attorney client relationship between you and the Law Offices of Robert J. Nahoum, P.C.. The foregoing statements and links should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
In America, anyone can sue for any reason, valid or invalid. The issue is your defenses and possible counterclaims.. If you're contacted again, ask for proof of the debt and anything supporting their claimed right to enforce it now. You may have a claim against the collector/
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