Q: Can a debt collector keep a lawsuit open against me indefinitely?
A debt collector filed a lawsuit against me for credit card debt five years ago. I filed an answer, but there was never a trial or anything. Five years later, I have a received a notice of business records affidavit filed by the debt collector. I called the county clerk and sure enough the case is still open. What is the best way to proceed with this?
A:
It depends on the facts.
If you have a valid defense to the debt that can be resolved as a matter of law, hire an attorney to file a motion for summary judgment on your behalf to get this case concluded without a trial.
If you do not have a valid defense and you likely owe the debt, it may very well be in your best interest to simply do nothing and wait. Sometimes, debt collectors lose track of these type of cases. Eventually, if there is no activity, the case could get dismissed for want of prosecution. If that happens, and you don't do anything to reacknowledge the validity of the debt, it is possible that the credit card company will not be able to sue you again because of the statute of limitations.
If your case is eventually called for trial, you are obligated to testify truthfully. But often with a debt that old, the most truthful answers are "I don't remember", "I don't know", and "I don't recall." Usually, the most common objections to a person testifying for a credit card company are "lack of personal knowledge" and "speculation."
Attorneys hired to pursue small credit card debts are often less experienced and less skillful. They usually don't receive very detailed information from their clients because such clients don't keep good records and aren't particularly well-organized. They might well be unable to prove their case unless you "help" them by making admissions in their favor.
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