Business & Finance

Thursday, March 12, 2009

My debt was sent to a collections lawyer?

I got out of the Air Force early and owed back part of my bonus. We did not have the money to pay it back and I asked for a 6 month extension on payments so that for that time I would not have to make any payments and we could figure out what to do. In that time they were suppose to send me a notice and another bill, they did not. Being that we did not have the money, I did not follow up on it (I know I know...please dont judge me :) ) A year later I receive a letter in the mail from a lawyer saying that I am being sued for the full amount of the loan. I called the lawyer office and they said that the DOD was trying to contact me for a year and that I refused to answer my phone and the mail they sent me was to an old address that I have not lived at for over 2 years. The DOD got the first letter to my correct address and this lawyer was able to send me mail to my correct address, I do not understand why I was not contact for over a year about this. Is there anything I can do because I do not think it was fair that they are acting like they could not find me...this is the government and my correct address and phone number is on my discharge paper work. NEED ADVICE!! THANKS !!! P.S. I am unable to work because my son had brain surgery and needs round the clock care for the time being. This is my debt that I had before my husband and I got married and they are wanting his information as well.



When were you first delinquent? I don't know if it's different with oweing money to the Air Force, but with normal creditors, there is a statute of limitations (SOL) in your state where the debt occurred. You need to find out if your bonus is considered a written contract or oral or what. With credit cards for instance, my state has a 5 yr SOL. That means that the creditor has 5 years in which to sue me or else I can claim an SOL defense.





The collection agency will lie to you. If you got a letter in the mail from a lawyer saying you are being sued, you should have been served by a police officer/sherriff, whatever. I'd check with your local courthouse to see if a case was even filed. They could just be threatening you with a suit. They dont' need your husband's info. Trust me. Don't give it to them. This isn't your husband's debt.




Go to Legal Aid. they offer advice, and guidance in legal matters. My sister used the local one where we live and they lady explained a lot to her. She had a car repoed and was worried about garnishment of her check. The person at the Legal Aid office helped her, and what she told my sister happened. She eased my sister's mind, and helped her.




You owe the debt and you will need to repay it at some point. Suggest you work nights or weekends and clear it up.

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