2007-01-20 10:53:12 · 7 answers · asked by Snow Girl 1 in Business & Finance ➔ Credit
There is no way in this world you can be taken to court and lose. This debt is way out of the statute of limitations, meaning they can no longer pursue you through the court system. It all depends on what state you are in, but I dont know of any that are that long. You can email me and I will let you know what the limitations are for your state.
2007-01-20 11:08:01 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If your records are so disorganized that you can't ascertain whether or not a debt is valid or not, then you ALREADY HAVE A PROBLEM.
All you can do is send a certified letter to the third party collection agency stating that you believe steadfastly that the debt in question is NOT YOURS. Furthermore, you should demand that the collection agency provides you "prima facie" evidence that the debt is in fact yours.
If they can not do so, they will not have much of a case in court.
Should they present an application signed by you or even a series of monthly bills to which you have made timely or untimely payment to a credit card account in your name, that will confirm the existence of the alleged credit card agreement.
You may need to check the statute of limitations to verify the period of time between when the debt was charged off and when they are attempting collection.
Your state may provide you relief if the period of time the third party collection agency has waited is, in fact, greater than the maximum statute of limitations period.
If they agency has waited too long, they may still be able to bring you to court, but you could use the statute of limitations argument in front of the judge to have the case immediately dismissed (if the statute of limitations applies to your situation).
2007-01-21 03:47:02 · answer #2 · answered by DaMan 5 · 0⤊ 0⤋
Credit card being inactive or not...if the debt is yours, it's yours. What did you receive saying you had to go to court? I'm sure you know if it is a Creditor you did business with.
Obtain a copy of your credit report. You should do this annually and keep an eye on it's activity. If something strange or that you don't recognize...follow up. Protect your credit.
2007-01-20 19:06:44 · answer #3 · answered by Suzan 3 · 0⤊ 1⤋
Someone said it is out of the statute of limitations. Each state has its own statute of limitations and 8 years is within the limit in some states. Without knowing where you are, I can only say, the creditor KNOWS what the statute is. I simply don't believe you don't know if you owe the debt. Either way, if they are willing to sue, the only way to stay out of court is to settle with them. If it is not your debt, go to court and prove it.
2007-01-20 19:57:01 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
being in debt sucks. use this site to get quotes on debt consolidation. you'll be debt free in no time!
2007-01-21 06:06:54 · answer #5 · answered by Sub S 1 · 0⤊ 0⤋
How could you forget if this was your debt or not?
2007-01-20 18:59:29 · answer #6 · answered by feel/the/need/to/fly 4 · 1⤊ 0⤋
Look over the link below...maybe it will help.
2007-01-20 19:01:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋