Legal Question in Credit and Debt Law in Michigan

credit & debt collection

I'm being sued over a debt they claim I owe. Originally I asked about the statute of limitations on an outstanding debt. I have recalled, even though this has been 10+ years, that this particular credit card had been paid in full. The credit card co. kept sending me bills for late payments. I sent the last payment 2 months in advance and again they tried to get me on a $42 late payment. I called this company demanding they retract the late payment and close the account. Now, I think they're trying to play me on lack of recollection, that I wouldn't remember. Do I have a claim against them, and their attorneys for harassment?


Asked on 2/13/09, 12:56 pm

1 Answer from Attorneys
David Hill

Re: credit & debt collection

You should have an attorney move to have the suit dismissed under the statute of limitations. If the account is paid in full, there is no reason why they should be trying to collect. Of course the litigation will resolve this issue. Finally, if this is a frivilous lawsuit, you may have an option for damages against the attorney and his/her client.

Remember, if a complaint has been filed, you need to respond or a default judgment will be entered against you. If you are competant to respond, you can do so on your own - otherwise, hire an attorney.

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Answered on 2/14/09, 1:23 pm


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