Me and my mom had been trying to pay a debt that we owed on a store for two years. She owed 7,000 $ and she offered to pay them 350 a month but they didnt want that, they wanted the whole 7,000 she then told them that she couldnt pay all that amount because she didn't have money. For 2 years they called harassing me and my mom trying to collect the 7,000$. They didnt want to come to an arrangement. Today a person called saying that she was an attorney that if we had a lawyer for the case of the 7,000 dollars that now turned into 11,000 $. Can they really sue us?
2007-10-17 09:29:29 · 14 answers · asked by redrose 2 in Politics & Government ➔ Law & Ethics
Yes, you can be sued for an unpaid debt. They can also add fees and court costs to your total debt as part of the judgment. Ironically, the court will probably allow you to make a payment option settlement with the store. Before it goes to the docket, why not consult the ConsumerCreditCounselingCorp, and have them set up a payment schedule with the store. Their services are free, if I recall. If you don't get a formal letter from the 'attorney' I would believe that someone was trying to scare you into paying the debt. Usually a law office will send you a formal declaration of the suit, so if it was just a phone call, and nothing else, I would be suspicious.
2007-10-17 09:41:18 · answer #1 · answered by phantomlimb7 6 · 0⤊ 0⤋
The person that called today was probably not a lawyer but rather an employee of the company. They try that as one of their tactics to compel you to pay the debt. They have every right to sue you unless the debt has passed the statute of limitations in your particular state. At that point you may send them a cease and desist letter and they can no longer make any collection efforts, legally.
2007-10-17 09:39:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your question is not clear about who signed the contract for the dept at the store. If both you and your mom signed it, you can both be sued for the debt. I am sure they have added on interest, late fees, collection costs and other junk fees to raise the amount to $11,000. While they can file a lawsuit against you, it is very rare--but not unheard of--for that to happen, especially if the person responsible for the debt has no money.
2007-10-17 09:36:36 · answer #3 · answered by . 3 · 0⤊ 0⤋
Yes they can. Does your mother have documentation showing that she tried to make arrangements to pay the debt?
It could also be a bill collector pretending to be a lawyer. It is illegal by the way for them to do that. I would get their name and check the state bar to see if they really are a lawyer. Also, I don't know of any lawyers that would actually call. Usually you will get a letter saying you're being sued.
But in essence yes, they can sue you.
2007-10-17 09:35:16 · answer #4 · answered by Spirish_1 5 · 0⤊ 0⤋
of course they can sue you, why would you believe not,
the reason now why a lawyer has called is that the statute of limitations on suing you is probably coming to and end, thus they must sue soon or loose the right to sue you
the 4K above can be interest on the monies owed, lawyers fees to collect and court cost
2007-10-17 09:34:13 · answer #5 · answered by goz1111 7 · 1⤊ 0⤋
Yes, they can.
What will happen is they will win a judgment against you.
The amount of that judgment will be the original debt + interest+ legal and court fees.
They can use that judgment to order a garnishment on the debtor's wages.
The garnishment if issued would be served to the debtor's place of employment and the employer by law must withhold the wages (% of withholding varies by state) and remit to the courts to satisfy the debt.
2007-10-17 09:48:03 · answer #6 · answered by tnfarmgirl 6 · 0⤊ 0⤋
They can try.
As long as you can prove that you made some sort of payments, you should be ok.
It really depends on what type of contract you had with the store.
Always read the fine print.
If you can't afford to pay it back then maybe you shouldn't have gotten into debt in the first place.
Bankruptcy is also an option. Then they get nothing!
2007-10-17 09:35:08 · answer #7 · answered by Neal 4 · 0⤊ 1⤋
Yep. Plus interest, collections costs, attorney's fees, and whatever it costs them to file the complaint with the court. Try working out a settlement and a payment plan if you can.
2007-10-17 13:03:07 · answer #8 · answered by Hillary 6 · 0⤊ 0⤋
Yes they can and in some states they can be awarded triple damages. That $11,000 debt could turn into a $44,000 award to the plantiff.
I had this happen to me. I owed $800 and the plantiff was awarded $3200.
I live in Wisconsin. Perhaps where you live this isn't the case. Use your computer to find out about your state.
Good Luck!
2007-10-17 09:35:44 · answer #9 · answered by Kelly B 4 · 0⤊ 1⤋
Suing you, is taking you to court. The problem is now you have accrued interest and the court will set up a payment, but you are going to pay court cost, lawyer fees, you price tag keeps going up.
2007-10-17 09:38:17 · answer #10 · answered by cfb193 5 · 0⤊ 0⤋