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Question
I have and old debt that a collection agency tried to collect. The creditor wrote off this account since 2004 and the last activity was in 2003. The Statute of Limitation run out (I live in Kansas it's just 3 years). The collection agency did sue me in Feb 2007. I didn't go to court because I never receive the summons. I was living in a different state at that time. I went to court and they keep saying that I received the summons. I tried to contact the collection agency but they don't exist anymore or they change their name, beside the issue that the statute of limitations has run out, and they (court house) do not give me any information about this debt, can they still sue me? They also told me I have to hire a Lawyer. I don't think I have to spend money on something I know. Please help me. I also have a certificated letter I sent to the Collection Agency more than a month ago and had no response.
Ruth,
It sounds as though there may be a judgment already? If you did not show up to court, the agency or creditor suing you would have won a default judgment. If this is the case, it can be enforced for 20 years and if it is not paid within those 20 years it can be renewed for another 20 years. Are you asking me if the court can sue you?
find out if you have a judgment against you and if you believe it to be wrong in some way, visit an attorney for a free consultation to see what your options are.
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Answers by Expert:
Michelle Dunn
Expertise
As one of the Top 5 Women in Collections, one of the Top 50 Collection Professionals, and winner of the Business Excellence award, I can answer any questions about debt, debt collection, improving business credit, creating a credit policy, enforcing a credit policy and collecting on past due accounts. I can also answer questions in regards to starting a debt collection agency since I have been a bill collector for over 24 years, started and ran my own collection agency for 8 years, and maintain my 12 year old Credit & Collections Association for members of the credit & debt collection industry. I am also the author of the popular and award winning book "Starting a Collection Agency, how to make money collecting money" now on it's 3rd edition. This book has won a the Writers Digest self published award as well as the New York Book Festival Award. I am a repeat contributor to the Wall Street Journal, and have been featured on NPR, CNN, as well as many other national radio and television programs. I have also been featured in national publications such as the Wall Street Journal, Forbes, Smart Money, MSNBC and much more. I have 17 published books to my name and am an accomplished speaker and consultant. I currently write 9 columns for newspapers, magazines and online portals worldwide.
Experience
I have over 24 years experience in debt collection, I started and ran my own collection agency for 8 years and I am the founder & owner of my Credit & Collections Association that I founded in 1998. www.credit-and-collections.com
Organizations
My Credit & Collections Association, I was also a member of the American Collectors Association and Plymouth Chamber of Commerce for 11 years. I am a member of many writing groups as well as my local Women Inspiring Women chapter. I am a member of Know More Media as an expert for their blog on business credit.
Publications
Business NH Magazine, Smart Money Magazine, MSNBC, CNN, Forbes.com, The Wall Street Journal, Home Business Magazine, Entrepreneur Magazine and website, many books, newspapers and television programs as well.
Education/Credentials
I have written 17 books in my collecting money series and one for Entrepreneur Press called the Ultimate Credit and Collections Handbook. My newest book is being published by John Wiley & Sons in May titled, The Guide to Getting Paid, how to weed out bad paying customers, collect on past due balances and avoid bad debt. This book is also being sold to many colleges as a text book.
Awards and Honors
My book Starting a Collection Agency, how to make money collecting money won an award from Writers Digest and the 2007 New York Book Festival in the "How to" category. I have won 2 awards from Dun & Bradstreet and Governor Jean Shaheen. I was nominated as one of the Top 5 Women in Collections twice as well as having been selected as one of Collection Advisor's Top 50 Collection Professionals by my peers.
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