Legal Question in Credit and Debt Law in Pennsylvania

I have a Credit collector telling me to pay them a settlement fee on monies I owed from 2006. They are asking for less then i originally owed. Also, they have faxed me a letter describing the terms, and states bill will be considered settled if i send them this amount. They say if i don't pay them they are going to file an affidavit of complaint against me in my state of PA , they are in Texas. Should i pay them or just let them do what they have to??? My credit is already pretty much shot anyway. But, i don't want anymore judgments against me. What should I do??????


Asked on 10/29/11, 7:08 am

3 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

You shouldn't have talked to them to begin with. If the debt was from 06, the 4 year statute of limitations has expired unless you admitted to them the debt is valid.

If theysue now, you can still raise the sol, and it is likely that they wont have all the documents required to prove their case. They seldom have the right documents. If they sue, hire an attorney who knows the law on collections to defend you, and it is likely you will have a good chance to win.

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Answered on 10/29/11, 8:20 am

STOP! Lawsuits are not begun by filing an "affidavit of complaint." There is no such thing. Its called a complaint.

Its not when you took out the money, but when you last paid. If that was 4 or more years ago and was a PA debt (you lived in PA when you took out the loan or got the credit card), the debt is no longer legally collectible. On the unlikely chance that the collector can find a PA lawyer to sue you, you can get a lawyer to file an answer, assert the limitations and get the case dismissed for a lot less than whatever this collector wants.

But it will not come to that. Even if you owed the money, the collector can try to collect, but you do not have to pay. If you feel a moral obligation to pay, then you need to first talk this over with a lawyer and let him/her review the paperwork to make sure this is ok BEFORE you pay them a dime.

I give free email consults ($50 charge for phone consults). I can also help resolve debts for a reasonable fee if that is what needs to be done. Who is the debt collector? Brachfeld? LTD? FMA? GC Services? I have dealth with all of them. Please contact me at [email protected] if interested.

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Answered on 10/29/11, 10:59 am


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