You may have several credit card debts that are old, now long forgotten. Perhaps you kept making smaller payments on a credit card bill but as late payments or fees for being over the limit stacked up, it may have become harder and harder. The debt may have been sold, you may have moved—and at some point, you just stopped hearing from the creditor. While this may have been marked on your credit report, you may have barely remembered the company or the bill until it cropped up again years later.
The debt collector most likely called you as they find that to be most effective—and suddenly you may be getting a litany of calls from odd phone numbers as they continue to try to reach you and collect on a debt; however, the company is also required to notify you in writing that they are trying to collect this debt. If you think this debt has passed the statute of limitations, this is a good time to consult with an experienced California collection defense law firm like Fitzgerald & Campbell, APLC so you fight the claim.
Keep in mind also that the debt collector may be able to call and bug you about the old debt all they want—but filing a lawsuit could be a losing proposition if the debtor is on top their dates and bills. You may find that debt collectors trying to gain restitution for an old debt may be the nastiest—as that is their only hope for seeing any money.
If you are being sued for a debt that is old, you may have a good defense there. It’s important to have the guidance of an attorney who will be able to help you respond to the lawsuit. Unless you have absolutely nothing to lose and are completely judgment-proof, it’s a very good idea to answer—if only to buy yourself some more time while you decide how to proceed. You may find that over time the debt has been sold so many times that the current creditor will have a very difficult time proving that you owe that debt to them and that the amount is indeed correct. They may also be willing to accept a fraction of the amount owed, should you end up paying.
If you currently have debt that is of concern or if you are being sued by a creditor, an experienced attorney from Fitzgerald & Campbell, APLC can review your case and discuss all the available options with you. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include collection lawsuits, bankruptcy and more. Let us review your case and discuss what would work best for you. We are here to help!