ShouldI do somthing about a recovery date?

UPDATED: Dec 13, 2011

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ShouldI do somthing about a recovery date?

I had a company that had purchased an old credit card debit from another company and filed a summons and complaint on me. I sent them a letter requesting documentation because I feel these are not my charges. We had a hearing and at that time set a discovery date and settlement date. Not sure if I need to do anything. Received from the credit card company that purchased the original credit card company, where the plaintiff has subpoena them for documents. Should I be doing something?

Asked on December 13, 2011 under Bankruptcy Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming you can afford an attorney, you should at least spend some money for at least a consultation as to the best way to defend the debt collection action against you. Possibly the debt is so old that when the lawsuit was filed it might be barred by the applicable statute of limitations in your state.

Assuming the debt is not time barred and assuming you owe the debt, the best way to resolve the dispute would be for you to enter into a written agreement for the amount owed and to make monthly payments that you can afford.

It is important to make sure that the plaintiff suing you was actually assigned the debt that you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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