Tag Archives: old debt

What to Do if a Debt Collector is Suing You

 If a debt collector is suing you, you may be intimidated or even panicked. You may be thinking about giving up, but that usually isn’t a good idea. You have an excellent chance to win if you will just fight a little bit. Defending yourself  isn’t that hard.

If They Have Already Filed Suit

If you are already in a lawsuit, you need action now. You should be doing things to protect yourself NOW. Our debt defense system gives people what they need to defend themselves.

You can beat them. It’s mostly a question of knowing what you need to do and doing that thing throughout the lawsuit. At the same time, not doing the things you should not do is equally important. It sounds simple, and it is – if you know what you’re doing.  You can know those things with the Debt Defense System and get help doing the right things while avoiding the wrong ones.

You have probably heard of the saying, “inch by inch it’s a cinch.”

Defending a lawsuit is never actually a cinch. However, debt defense just requires a series of decisions and steps. These are steps that anybody with some determination can take. You can do them well enough to do a good job  overall of defending. And that is usually good enough to win.

I have had a great deal of experience both as a litigator and web master. Over the years, I’ve realized that almost everyone representing himself or herself in a debt case does much better with an opportunity to talk to other people facing the same issues.  People can help each other with insights and information. Seeing a variety of samples is helpful as well.  The Debt Defense System, gets you a membership which gets you the full resources of Your Legal Leg Up’s website and  our weekly teleconferences.

 

Never Make Partial Payments on Old Debts

Partial payments are almost always a bad idea on old debts. They (almost) never accomplish anything good for your relationship with the creditor or for your credit report. And they can cause massive problems for you because they revive the debt.

What You Should Do If You Get Called on an Old Debt

What you should do is find out who, exactly, is calling you. Find out the company and the individual. Then listen to what they say. If it is convenient, record the conversation. If not, take notes. Ask questions.

What You Should NOT Do

A 20 year old debt, not paid for 20 years, is beyond all statutes of limitations in all jurisdictions of which I am aware. However, you still “owe” the debt in some theoretical way. It remains a “debt,” and that turns out to be important. That’s because it can still be “revived” by any kind of payment.

You should know that they can’t sue you for such an old debt unless you revive it.  They can’t hurt your credit report if you don’t pay it. And they can’t do anything good for you if you do pay it.

In my opinion, you should never pay such a debt. Unless you have a particular reason. A good reason might be that you need to do business with them and they have a policy of not doing so if you owe them money (utility companies are like this).  So those situations might be different, but you still need to be careful.

Fair Debt Collection Practices Act

Just listen to what the debt collector says.

Let’s say he threatens to sue or tells you anything contrary to the above about hurting or repairing your credit. That would violate the Fair Debt Collection Practices Act (FDCPA). It is illegal for a debt collector to threaten you with action that he either does not intend to do or could not legally do. It is also illegal to deceive you about what he might do FOR you.

Suppose, however, he tells you that they can’t sue you, but that you still owe the money, and “wouldn’t it feel better” to pay it? Some people might say they have no money, and so the debt collector tells them, “No problem, you can just make a partial payment. Then, if you ever get any more money, you can pay some more…”

That also violates the FDCPA in my opinion because it is deceiving you and trying to take advantage of something most people don’t know. If you give someone a gift and say you’ll give them more later, that creates no obligation to pay. If you make a partial payment on a “debt,” you revive the debt and can be sued on it again. Even one that is many years past the statute of limitations and beyond causing you any harm,

Suggesting Partial Payments is Sneaky

Debt collectors are often trained to take advantage of people’s ignorance and to suggest partial payments on debts that are beyond the statute of limitations. If they try to get you to do that without telling you that you will revive the debt by doing so, they are misleading you. And that violates the FDCPA.

Partial Payments Revive Old Debts

By making the partial payment, you will revive the debt against you in its entirety, allowing the company to harass and sue you, and possibly even to damage your credit report again. Never, ever do it. Instead, take careful notes, and then go find an FDCPA lawyer to sue them.

If they get it all right and tell you that a partial payment would revive the right to sue you, tell them to go away and never call again. If they do, get a lawyer and sue them for that.

Other things to know

Partial payments will not just revive a statute of limitations after it has passed – it will extend it if it has not passed. Thus if the debt is five years old and getting close to the statute of limitations, your part payment will start the clock ticking again all over.

If you are being harassed or sued for a debt and need more information, be sure to check out our products and materials at Your Legal Leg Up. We have everything you need to protect  your rights.