Legal Question in Credit and Debt Law in California

Re: Being sued for old debt

As others have noted, your best approach is to file an answer, as this will either force them to dismiss the case or at least negotiate with you on more favorable terms.

all the best,

Bryan

Becker Attorneys

Providing Revolutionary Legal Services

What�s So Revolutionary About Our Debt Defense Practice?

Let�s start with our Fixed Fee: $600

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The collection firm wants you to ignore the lawsuit; in fact they depend on it. Fight back and defend yourself. Just don�t be surprised how quickly they fold (don�t worry -- we won�t remind you we told you so).

Re: Being sued for old debt

If the debt is over four years old, you need not pay it; and if you defend the lawsuit chances are you will win, and your modest layout for my fee would be reimbursed by the collection agency.

If you were to make a payment, or a promise of payment, the debt clock would be reset and you would give them the right to sue you where no such right previously existed.

Probably the collection agency is one of these bottom-feeding entities that buys old debts for pennies on the dollar and files unwinnable lawsuits in the hope that the person will roll over. Very probably the CA has no documentation or other proof that you owe the debt, or that they have the right to collect it.

While there are no guarantees, I have defended many cases such as yours and have never lost one. I highly recommend that you NOT contact or speak to the collection agency, or its attorneys, before you have consulted with an attorney familiar with consumer debt laws including the Fair Debt Collection Practices Act. In particular, you should not believe anything the CA or its attorneys might say or otherwise communicate to you.

If you volunteer to pay, they will resist any method of payment other than a check-by-phone; and you would be using poor judgment if you were to give them your bank account information. There are many stories here on LawGuru about CAs that will take all the money from your account and make you sue to get it back.

Please do not give money to the CA unnecessarily, you would be giving them ammunition with which to go after other innocent people. You can look at web sites such as budhibbs.com or creditboards.com to read stories of others who were victimized by similar, unfair debt collection practices. You could also google [FDCPA], a federal law that the collection agency may have violated and that often provides for money damages and attorney fees to be paid to debtors by offending debt collectors.

Remember, you have only 30 days after you were served to respond to the lawsuit to avoid a default judgment against you.

Please feel free to call me anytime to discuss your options.

Re: Being sued for old debt

Most of the time the debt buyer is hoping for a default. My advice is to respond to the case, at least in pro per, if not with an attorney who knows how to defend these cases. Owed or not, the case is defensible.