Generally,
a creditor has three (3) years to file a lawsuit after the last charge
or payment on an open account, including credit cards. In
some
limited circumstances, they may have five (5) years.
By
the
time you have been sued, you have likely been subjected to months, if
not years, of constant phone calls, collection letters, and in some
cases, visits to your home or job. At times, the
debt is
prescribed (beyond the statute of limitations) and you no longer legally owe
the debt.
It
is
also becoming increasingly common for consumers to be sued by debt
collectors they never heard of on accounts the consumer does not even
remember having.
There
is
a whole class of debt collectors that file suit and often they
cannot prove you legally owed the debt. They file
a
lawsuit in hopes you do not respond so they can get a default judgment
and garnish your wages to get paid on debts you may not legally owe.
When
you
are served with a lawsuit, it is important that you file a response
within the time delays allowed by law.
You have the
right to force
the debt collector to prove you legally owed the debt.
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If
you ignore a debt collection lawsuit the following can happen to you:
The debt collector can obtain a
judgment against you without you making them prove the amount they
claim you owe.
After obtaining a judgment, a
debt collector can garnish your wages.
In Louisiana, they can garnish up to 25% of you
wages.
After obtaining a judgment, a
debt collector can seize bank accounts.
The debt collector can basically empty your bank accounts.
After obtaining a judgment, a
debt collector can seize non-exempt assets and have them sold to
satisfy the judgment.
As
you
can see, it is very important that you do not ignore a debt collection
lawsuit. You have a very limited amount of time to
file a
written response to the lawsuit filed against you. We have
seen lawsuits for $1,300.00 snowball into alleged $3,000.00
obligations. Do not risk your property and wages.
If
you
have been served with a lawsuit from a creditor or debt collector,
please fill out the information above, and an attorney will contact you
within 24 to 72 hours.
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