ShouldI do somthing about a recovery date?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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