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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23149
Experience:  18+ years of NYS litigation experience.
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I was contacted by a person who prepares cases to go to

Customer Question

Hi, I was contacted by a person who prepares cases to go to trial and he told me I was being sued by HSCB for an Orchard Bank credit card I had from 2006 to about 2008. He told me I had activity until 2012 (this happens to be the end year of Orchard) I had a small balance and he said they would reduce it to 700 but they were going to serve me and take me to court. This was with Portfolio for a long time. It's fallen off my credit report and I believe it's past the statue of limitations. I'm currently on on unemployment and I'm not sure what to do.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 6 months ago.
Hello, If you think you no longer owe this you can ask for written validation that you still owe this debt. You're entitled to that under the Federal Government's Fair Debt Collection Practices Act. Then you can dispute the debt in writing. Once you've done that, they cannot harass you for payment. They have to leave you alone and if they don't they can be fined $1,000 for each instance that they bother you about payment. They can indeed take you to court, but even if you're not beyond the statute of limitations, it's unlikely that they really sue you to seek a judgment for $700. The Federal Trade Commission gives an overview of overaggressive and/or fake collection agencies and how to get them off of your back, where to report them, where to learn more, etc. And it is pretty straightforward. You can access that here:

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