Forest Hills, NY asked in Small Claims and Collections for Massachusetts

Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to

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2 Lawyer Answers
Christopher Tolley
Christopher Tolley
  • Collections Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative:

I am not as familiar with New York law but here is the New York attorney general's debt collection webpage:

I suggest you review the suit papers and the information from the above websites to see what defenses you may have, and of course, consider hiring a lawyer to assist you.

A: If you have any defenses to the lawsuit, you must assert them in your case or the plaintiff will win by default. Some defenses include: Statute of Limitations has passed and therefore the debt in unenforceable; you don't owe the debt because it was incurred in someone else's name and you were simply a "user" on the account; the plaintiff has no records supporting its claim to sue you; depending on the amount of the debt and the amount of other unsecured debt you owe, a bankruptcy filing can wipe out all or most of your unsecured debts. Check with a local lawyer in your area to set up a consultation to review your options. Some lawyers offer a free meeting in person or by phone to help you sort out your options. Best of luck to you.

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