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Who can sue you for debt

Date: Sat, 01/21/2006 - 23:33

Submitted by twokidtwocat
on Sat, 01/21/2006 - 23:33

Posts: 602 Credits: [Donate]

Total Replies: 6


Alot of people have asked this question on this board,so here is brief explanation of who and when you can be taken to court for bad debt;

Once a debt is older than the statute of limitations for debt in your state, a debt collector no longer has the right to sue you for payment. You may still have a moral obligation to pay back the debt, but you can't be sued over it.
The best way to handle a collection call for an old debt is to say as little as possible. Don't agree to pay. Don't acknowledge the debt.If you agree to pay anything,even if you send one dollar,the Sol with start all over again.

If the collection agency is working on behalf of the original creditor then only the original creditor has the authority to decide to take legal action against you. A collection agency cannot initiate legal action on its own. All it can do is to recommend to the original creditor that legal action be taken. Only if the original creditor has given authorization to commence legal action, can the collection agency tell you that you may be sued.

If an account has been written off and sold to a collection agency then they can decide to sue you. But even then they can't legally tell you that they intend to sue unless they really intend to sue.


Yes,and unless they have a team of lawyers,or the money to pay for one,they are likely to work with you.All of the accounts they buy are from those who are late on payments or not paying at all,so they would be going to court daly if that chose to sue them all.It would be very costly for them,so making a deal for payments is thier best option.


lrhall41

Submitted by twokidtwocat on Sun, 01/22/2006 - 08:33

( Posts: 602 | Credits: )


My grandmother cannot handle her affairs due to severe dementia and is considered incometent in handling her affairs by medical doctors. Her income is limited to social security and a veterans survivor benefit. On her behalf, using her or our income, we cannot pay all of the credit cards she opened in her lifetime and also pay the necessary bills we must pay for her. Some of the must pay items are utilities, mortgage (someone cares for her at her home), medical care, and property taxes to name a few. If we stop paying her credit cards, which are 75% of her income, can she be sued since she is not competent, and if she is sued, do the courts dismiss the case given her medical state? Also, in our state, garnishments are only allowed in instances where it involves public hospitals, taxes, or student loans only. The only concern is her home property in the event of her death --but we are working to transfer the home to the children's names only. Even then we do not know if that will protect the asset--her home. She resides in NC. Hope you can help or refer me to someone who can.


lrhall41

Submitted by on Sun, 01/22/2006 - 21:10

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