21 years of collection agency harassment

Discussion in 'Credit Talk' started by jayem27, May 3, 2010.

  1. jayem27

    jayem27 New Member

    21 years ago my family business hired a law firm to file some important documents. They filed them in the wrong court, which ultimately cost us the business. We refused to pay their bill. For 21 years one collection agency after another has harassed us. Now they're after us intensively again. We have no money. We tried to get a lawyer. While many agreed that there was legal malpractice no one would take the case against the original (big) firm that filed the papers in the wrong court.
    Does anyone know a way to make the collectors to stop chasing us? PLEASE HELP!!
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Since the SOL has expired, there's really nothing the CA can do to force you to pay this bill. Have you tried simply sending them a letter stating that the SOL has expired and telling them to no longer contact you regarding this outdated debt?
  3. billbauer

    billbauer Well-Known Member

    You are absolutely correct Joshua but I'm thinking about a little bit more aggressive approach to the problem as usual. First of all I wouldn't mention anything about SOL in such a letter. I would simply send them a cease and desist letter saying they are not to contact you by any means whatsoever and let it go at that. If they violated the cease and desist then file a federal lawsuit against them. I seriously doubt that it will be necessary to file any lawsuits however. They know it is out of stat and I'm sure they won't get so stupid as to file a lawsuit in response. If so it would be a very simple matter to defend and then go after them in federal.
  4. jayem27

    jayem27 New Member

    Thank you for the suggestions. We are actually afraid to contact the collectors at all for fear they will haul us into court. I'm sorry that I didn't explain that 19 years ago law firm that filed the papers in the wrong court got a default judgement against us because we were never informed of the hearing. They keep renewing it every 6 years. I've recently been told they can keep doing this forever and that because of the judgement the Statute of Limitations does not apply.
    The collectors have big incentive to keep harassing us because the original $5000 is now over $100,000 with interest. We are tired, broke and scared and they won't leave us alone. Those lawyers did the wrong thing and we're the ones who have to live like criminals. It just isn't right.
    Does anyone know if it's true that a judgement can just keep on being renewed forever?
    Thank you for your help.
  5. billbauer

    billbauer Well-Known Member

    How many times it can be renewed depends on your state laws. I'd suggest you go to lawdog.com and look up the statute in your state to see what they can and can't do.

    I tend to think that bankruptcy might be a good idea for someone in your situation.

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