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Legal Eagle
Legal Eagle, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 5318
Experience:  Licensed to practice before state and federal court
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Credit card submitted my parents' unpaid balance during a

Customer Question

Credit card submitted my parents' unpaid balance during a time of unemployment, I am unaware if they carried an insurance on that card or not, in the case of loss of employment. Which has bee about 6 years since he lost his job, the unpaid balance was submitted to a creditor & now being sued for the balance this many years later. They have been in contact with a lawyer, just asking what their options may be. Could they contact original creditor to find out if they had that insurance? They are considering bankruptcy to avoid being sued.
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  Legal Eagle replied 3 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your parents situation. They absolutely could contact the original creditor to find out if they had insurance at the time the credit card company is alleging that your parents did not pay the money they were owed. Even if your parents simply request a copy of the documents from that time, then you would be able to go through it and find out if that is the case. If that is the case that they had Insurance on their credit card at that time, then you could request with the attorney that they simply dismiss whatever claims they may have because there is “no claim upon which relief can be granted.” If the attorney chooses not to play ball with you, you may want to consider just writing a formal demand letter. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

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