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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37377
Experience:  Attorney,16 years experience in consumer protection areas
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I have a law firm coming after me for a debt that is over ten

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I have a law firm coming after me for a debt that is over ten years old. The original debt was for approximately $4500 dollars us. This debt has changed hands several times over the past few years. The new law firm is threatening to take me to court to garnish my wages. RI statue of limitations is 10 years on such a debt. How should I handle this?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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What type of debt is this? credit card or something else?
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When was the last time you made any payment on the debt?
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Have you been served with a summons and complaint from the court?
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Thanks
Barrister
Customer: replied 3 years ago.


Barrister hello and thanks for the help.


 


It is credit card debt and a gateway computer all funded through MBNA America. The account was closed for good in 2001.


 


I have been sent a legal notice from a lawyer saying that he intends to take me to court to garnish my wages.

Ok, the lawyer is out of luck because you are correct that under RI Code 9-1-13, the statute of limitations is only ten years for defaulted credit card debt for the creditor to file suit.
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So the attorney is simply bluffing you and you would be under no obligation to respond. If you wanted to, you could cite the above code and tell the attorney that if they try to collect again or contact you regarding the debt, they will be in violation of the Fair Debt Collection Practiced Act and you will file suit against them personally for the violation and seek the maximum statutory damages.
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That should scare them off because once they know that you know your rights, they will seek easier prey...
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Thanks
Barrister
Barrister and 2 other Consumer Protection Law Specialists are ready to help you
Thanks so much for the positive rating and generous bonus, it is very much appreciated!
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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.
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Thanks
Barrister
Customer: replied 3 years ago.

Thank you !

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