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I am being sued for a credit card debt that is beyond the statute of limitations for my state. When I recieved the summons, I set up a payment agreement with them, but did not answer the summons. A few weeks after I sent in my first payment, they filed for and received a judgment against me.
Even though I might have restarted the credit clock, would that be nullifed by the fact that they
sued me for a debt they had no right to?
Can they sue me if they are accepting payments agreed upon in writing by both parties?
I sure don't know where you got the idea they have no right to sue you because they can and they did. You did make a huge mistake in making the any kind of payment but that can be remedied. They filed a lawsuit out of stat and that is a federal violation so your remedy is to sue them in federal court if you can prove when you made your last payment to the original creditor and when they filed the lawsuit. It was up to you to defend in local court. There is no state law saying that they can't sue you even after the statute has run out but if you can prove it is out of stat then you can successfully defend against their lawsuit in most instances. You didn't attempt to do that so now your only hope is to sue them in federal court. If you fail to do that then you might as well just resign yourself to paying off unless you want to try to make it impossible for them to get anything by protecting your job from garnishment and your other assets protected. Its up to you.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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