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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
