Oklahoma City, OK asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado

Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am not entirely sure if it was unpaid or not. It’s no longer on my credit report. They also mentioned they will make a hard credit pull so that it shows up on my credit report if I don’t pay. They already did some type of credit pull, because they listed my credit score in the letter, and I assume that’s how they also got my most recent address. This debt occurred over ten years ago. I have made a strong effort to pay past due debts rather than filing for bankruptcy. I figured my first step would be to have them send me a debt validation letter. They gave the amount, but I want the exact dates that it went into default, and the original account number as well. I would appreciate any thoughts.

2 Lawyer Answers
David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL

A: first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that advice

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Wait for them to sue you and them counterclaim against them for wrongful process if the statute has run.

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