Phoenix, AZ asked in Civil Litigation, Collections and Consumer Law for Arizona

Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never paid or promised the collection Agency any money.

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Collections Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There may be other defenses available to you. These matters are all fact driven and, without knowing more of the facts, it is impossible to determine whether the collection agency is correct or whether you have meritorious defenses. I strongly recommend that you consult with an attorney immediately. Once your attorney knows all the facts, he or she will be able to let you know your legal rights and best options.

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