Legal Question in Credit and Debt Law in Massachusetts
Collection Law
Old credit card debt from 1993 was sold to a collection agency that is now trying to collect by taking me to court. when I checked my credit report in 1999 the credit card was not on it neither was the collection agency so I can't tell when this debt was charged off to determine if this legal for the collection agency to collect the debt. Is there anyway to find this out? the collection agency is willing to take 10% of debt and I'm thinking of doing it to avoid going to court and having my wages garnished. I only make 20,000.00 a year so I don't know how much they would get from that anyway. If I do call to settle the debt should I try to only pay maybe 5%? Thank you.
1 Answer from Attorneys
Re: Collection Law
I believe that if they haven't tried to collect this from you for at least six years, the debt is uncollectable. The question is when they last tried to collect, not when it was written off. If they are willing to settle for only 10%, however, it is probably a very good deal; defending a law suit would cost a minimum of $2,000! My suggestion is make a deal. Good luck!