Asked in Bankruptcy, Consumer Law and Small Claims for California

Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service while I was in Portugal. However, now that I am in the US, I forgot to cancel my subscription. After a few months, I requested the cancellation, but they informed me that the cancellation period would be after 3 months. Consequently, they are now asking me to pay for a total of 7 months of unused service. I'm concerned about the potential consequences if I don't make the payment. What could happen in this scenario?

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

A: You should hire a lawyer to respond for you. Hat may happen next is anyone’s guess. 1) nothing; 2) negotiation of amount owed 3) suit could be filed against you.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA
  • Licensed in California

A: A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you. In any even, be prepared for the matter to show up on your credit report. You can always add an explanation but in this case, it may not change anything. If this is your only unpaid debt, you should NOT consider filing bankruptcy. Mr. Denison's advice to try and reach a cash settlement is probably the best advice.

James L. Arrasmith
PREMIUM
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have an outstanding debt resulting from a subscription service you forgot to cancel, the service provider may take legal action against you if the debt remains unpaid. The consequences of not making the payment may include being subject to legal dunning proceedings, which could lead to potential lawsuits, collection efforts, and damage to your credit score. To protect your rights and explore potential options for resolving the debt, it is crucial to consult with an attorney experienced in debt collection and consumer protection laws.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

Leon Bayer agrees with this answer

Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: Look. You owe the money. So pay it, or accept the consequences of not paying it. You don’t get to wimp out.

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