Can they really sue?

[Anonymous]

So my mom just got a letter in the mail saying she was sued for an unpaid debt here is the thing though...

She has made two payments towards the debt but the collection agency wanted her to pay 100 dollars a month she couldnt afford that so she gave them 60 dollars. She only owes 519.00 dollars on the bill.

i told her her first mistake was talking to the CA. but i am thinking since she is actually paying something that the CA case might not hold up? but i have no clue? any thoughts?

[pizzadude]

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@Anonymous wrote:

So my mom just got a letter in the mail saying she was sued for an unpaid debt here is the thing though...

She has made two payments towards the debt but the collection agency wanted her to pay 100 dollars a month she couldnt afford that so she gave them 60 dollars. She only owes 519.00 dollars on the bill.

i told her her first mistake was talking to the CA. but i am thinking since she is actually paying something that the CA case might not hold up? but i have no clue? any thoughts?

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Is this actually a notice from the court or a threatening letter from the CA ?

The first thing I would check is the Statute of Limitations for her state of residence, this is the time that a creditor has to bring legal action for unpaid debt.    If this is credit card debt then it would be considered an Open Account.  

[Anonymous]

no its not a credit card debt it is a medical bill i will check again to see the other information

*edit* it is a real notice from the court

[pizzadude]

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@Anonymous wrote:

no its not a credit card debt it is a medical bill i will check again to see the other information

*edit* it is a real notice from the court

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Ok, then the applicable SOL would be for written contracts, rather than for Open Accounts.

[JohnPTEX]

Sounds like it may be an original petition/filing - if so you are limited to how long you have to respond - she may qualify for some sort of lawyers assistance program - I would contact the clerk of the court where it was filed ASAP and get the details as well as the number for the local lawyers assistance program - just my thoughts

[Anonymous]

yeah on the notice it says she has to be in court on June 5...

the there is something other paperwork that says she has 30 to contest it or the lawyer will consider the debt valid... my mom never said the debt wasnt valid... she just said she couldnt afford 100 dollars a month and the woman told her she is gonna pay 100 or they gonna sue...

oh and out state is Mississippi... and this is with Alliance Collection Agency if anyone has any dealings with them

[JohnPTEX]

I'm interested - what claims is the filing asserting (eg. breach of contract, etc.)?

[Anonymous]

default of contract. said account is unpaid, due and owing.

then it saids plaintill has demanded payment of said account by making written demand and defaint has fail to pay within 30 days.

now if my mom couldnt afford 100 payments i have no clue how they expect to get 750 lump sum from her. (thats bill plus court costs plus attorney fees)

[JohnPTEX]

Well from what your saying it definetely sounds like an original pleading - if so you'll have to respond in some fashion else risk a default judgment for that amount - call the clerk of the court and see if there is a lawyers assistance program in the area - that would be my start