One question that may come to mind when you’re dealing with a debt collector may be, “Is it legal for this debt collector to sue me on my old debt?”
It is legal to sue on old debt.
However, there are circumstances where it is illegal for debt collectors to sue you.
Let’s think about this:
Is it legal to sue someone after a car wreck?
It’s legal to sue; however, if you sue someone who wasn’t in the car wreck, or you the insurance company pays you but you turn around and sue the person who ran the red light, etc.
That is illegal.
If the debt collector sues you under the wrong county, then there’s a problem.
If they sue you for more than you owe, then it would be illegal for them to sue you.
If they sue you for a debt you don’t owe, then it’s illegal for them to sue you.
If they sue you on a debt that they don’t own, then they will be in trouble.
If they sue you after the statute of limitations has expired, then the debt collectors are in trouble.
Just because certain circumstances are illegal doesn’t mean that the case is thrown out. Sometimes this happens.
Other times it simply means that you can turn around and sue them in Federal Court under the FDCPA, or Fair Debt Collection Practices Act.
It is legal for debt collectors to sue on old debt.
However, you need to make sure that they have the right to sue you.
Because it could be that maybe you owe Capital One, but Portfolio Recovery Associates or Midland Funding comes along and says that you owe them.
But you don’t owe them, because let’s say they don’t own the debt. (Having defended literally hundreds of Alabama consumers sued by these guys, I’m very confident in saying at least in my cases they haven’t owned the debt).
Or maybe they’re suing you with no intention of proving their case in hopes that you will get a default judgment.
If a debt collector has threatened to sue you, or has already sued you, get in touch with us.
We will gladly go over your 5 options, and help you decide which of those options would be best for your situation.
We only represent people in Alabama so if you live in Alabama and have questions, give us a call at 1-205-879-2447, or you can fill out a contact form.
I will forward to speaking with you.
Have a great day!