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    strawberryice57's Avatar
    strawberryice57 Posts: 1, Reputation: 1
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    #1

    Dec 14, 2008, 09:42 PM
    Being sued
    "Hi I live in Massachusetts and have a credit card debt. I haven't worked in the past 6 years .I had to go to court in 7/2008.My last payment on this credit card was in 7/2002. The lawyer asked if I had this type of card I said yes but I didn't tell him how much I owe. He is saying I owe $10,000 but on my credit report it says I owe 5,000.He told me I need to get a job and I'll see you in 12/2008 well I still don't have a job I have been looking but there nothing out there . My parents past away and now he's taking me to housing court for a hearing, because they left the house to me and my siblings..I just like some advice I know that there is a statue of limitation of six years in MA, I don't have a problem paying the $5,000 when we sell the house but ten thousand doesn't seem right. I just like to know what I should do. I don't have money for a lawyer so I'm going in there by myself.I just like some advice. Thank you "
    pacific nw's Avatar
    pacific nw Posts: 117, Reputation: 11
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    #2

    Dec 14, 2008, 10:50 PM
    First, you don't state whether the lawyer got a judgment against you.

    If there is no judgment, tell the lawyer you need to see your signature for the debt under the Fair Debt Collection Act. If he can't produce, you don't pay. If he got a judgment in July 2008, he will have the paperwork to show you.

    Next, you don't say if you are on title to the house. If you are on title and the lawyer has a judgment, it will show against your credit report, but not necessarily against the house. You can call the county recording office to find out.

    In most states, a judgment is good for 10 years.

    He can't collect what you don't have.

    Statutes of limitation vary by state and by type of action. Call a local attorney for a typically "free" 15 minute phone conversation to explore your options.

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