Help! Im being sued!
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  1. #1
    Join Date
    Jul 2008
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    Help! Im being sued!

    I was recently served with papers stating that I was being sued for $2560.65 from a collection agency representing an old debt that is due to fall off of my credit report in 3 months. It says that I have 21 days to file an answer. I would like to settle this before it goes to court without it damaging my credit score. The summons expires on Sep 12. What action should I take? HELP.


  2. #2
    Join Date
    Aug 2008
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    22
    is it actually from the court (A sheriff came knocking on your door), or is it just a threat from the collection agency?

    if the debt is that old, depending on your state, they may be past the statute of limitation on suing you for it.

    I suspect its from the collection agency, since if it was an actual lawsuit from the court, you would have an appearance date on it, not a response date.(most states under $5000 i small claims, and they dont usually do responses from small claims)

  3. #3
    Join Date
    Aug 2007
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    881
    Quote Originally Posted by beyond700 View Post
    I was recently served with papers stating that I was being sued for $2560.65 from a collection agency representing an old debt that is due to fall off of my credit report in 3 months. It says that I have 21 days to file an answer. I would like to settle this before it goes to court without it damaging my credit score. The summons expires on Sep 12. What action should I take? HELP.
    Since you assume that the item will fall off your credit reports in three months means that that account has been delinquent for seven years. if you live in a state where the SOL is 7 years or more the creditor/collection goon can legally still go after you. Try to negotiate a settlement.
    If the SOL has expired, just show up in court, and use that as a defense.

  4. #4
    Join Date
    Jul 2008
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    10
    Quote Originally Posted by delphipgmr View Post
    is it actually from the court (A sheriff came knocking on your door), or is it just a threat from the collection agency?

    if the debt is that old, depending on your state, they may be past the statute of limitation on suing you for it.

    I suspect its from the collection agency, since if it was an actual lawsuit from the court, you would have an appearance date on it, not a response date.(most states under $5000 i small claims, and they dont usually do responses from small claims)
    Ive made a mistake. Here in Michigan a debt is not legally collectable after 6 years and after 7 years it falls off of your credit report. It will be 6 years in Nov.

    Yes. I was served at my home by a sherrif. A collection agency is suing me. I dont have an actual court date. It just says I have 21 days to file an answer with the court or judgement may be entered against me. I dont want this on my credit report any longer. Should I attempt to settle? How should I do it. I dont want a judgement ordered. I dont want to go to court.

  5. #5
    Join Date
    Aug 2007
    Posts
    881
    Quote Originally Posted by beyond700 View Post
    Ive made a mistake. Here in Michigan a debt is not legally collectable after 6 years and after 7 years it falls off of your credit report. It will be 6 years in Nov.

    Yes. I was served at my home by a sherrif. A collection agency is suing me. I dont have an actual court date. It just says I have 21 days to file an answer with the court or judgement may be entered against me. I dont want this on my credit report any longer. Should I attempt to settle? How should I do it. I dont want a judgement ordered. I dont want to go to court.
    Offer them a settlement of what you feel you should/can pay. Do NOT agree to any phone payments or auto withdrawals. As a matter of fact close your current bank accounts really close to the 21st day. If they don't accept your settlement offer and go through with the judgment the only type of theft would be garnishment of your wages, but not bank levies. If your pay gets automatically deposited just get your employer to issue you paper checks.