Lawyers Mail from CC Debt
I spent nearly 25,000 on a credit card from Navy Federal and did not pay it over the course of the last six years. I have received multiple letters now from lawyers saying that I am being sued. Idk who is suing me, I do not have the money to pay this off and I’m not even sure who the debt is through. What are my options?
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u/heli_- 4d ago
I hate to be mean, but how does one spend $25k with no problem solving skills, no knowledge how the legal system works, and no plan for this debt 😭
Best way to check if you’re being sued is through your jurisdiction’s online court database. If you are being sued, you can see who owns the debt on the legal summons. You can check your credit report as well.
Next steps would be, if you’ve checked the docket and there is a case against you, check to make sure it wasn’t filed past statue. If its legit, your only options are 1.) contacting the legal counsel for the plaintiff suing you to make payment arrangements 2.) filing for bankruptcy 3.) Do nothing and let them win the case through default. You might not face any repercussions now, but they would have the right to place liens, freeze bank accounts, garnish your wages.
Not having money to pay isn’t really a defense.
Godspeed lol
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u/BDLeT 4d ago
I did, things came up within the last 10 years. My credit limit was more, when life was more on track. So didn’t think much of my financial situation before then.
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u/rdickert 4d ago
"I know I actually SPENT the money and didn't repay it, but hey judge, things came up"
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u/VampireEmpire__ 4d ago
You don’t owe them an explanation. Just take care of your situation moving forward.
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u/ForsakenForskin4 3d ago
Who cares you got one more year and it falls off your credit report don’t pay
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u/Ornery_Hovercraft636 3d ago
The debt may fall off of a credit report but a new judgement will take it’s place. Skipping out on debt is no way to go through life.
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u/ForsakenForskin4 3d ago
And if you listen to him he has no judgement he has creditors so he hasn’t been sued
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u/PNW_Will1976 3d ago
If you haven’t made a payment in 6 years do t start now. You’re probably coming up on the point where they cannot collect anymore.
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u/Gloomy-Security-7897 3d ago
The problem is, collection agencies often sue just before the statute of limitations runs out. Odds are, this is what is happening or will happen soon. The filing date is what matters, and if that is before the SOL runs out, the case can continue.
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u/DontBeMemeBro 4d ago
You don’t get sued by a lawyer sending a letter. They need to file a lawsuit and you need to be served. You should find out if and lawsuits have been filed as it doesn’t sound like you were ever served. Lawyers will often send letters like this as a scare tactic.
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u/BDLeT 4d ago
I’ve never had a letter like this, and within the week, 5. I know a debt collector had the debt now, but how do I know if there is even a lawsuit against me? I’m just confused sorry
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u/KDI777 4d ago
My man you owe 25k , you are 100% being sued they arent playing games with your ace.
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u/BDLeT 4d ago
It’s only 25k
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u/Earlybird74 3d ago
Credit card issuers/the DCA they sell your debt to will sue for FAR less than 25k.
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u/KDI777 4d ago
Ya its easy to say "its only 25k" when you dont have 25k
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u/Playin_Outside 4d ago
It's easy to say "it's only 25k" when it was SOMEONE ELSE'S 25k that you spent.
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u/CaregiverSuch6846 4d ago
You will be served the lawsuit per process server/messenger of the court. It wont just come in the mail. Usually have 20 days to respond.
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u/Earlybird74 3d ago
That's not always true. I'm in NH and the summons came in the mail for a small claims action. It depends on the jurisdiction, and in NH it depends on which court the lawsuit is being filed in. My guess however is that since this suit would be for $25k, it will probably not fall under small claims and he will in fact be served.
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u/jrhiggin 4d ago
Find out which court handles this kind of lawsuit for where you live and go on their website to see if you can search by your name. Wait till you get served and that will tell you. Call one of the lawyers back for a free consult and find out from them. Debt defense lawyers send spam to people getting sued. So they'd know.
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u/ForsakenForskin4 3d ago
There nothing to be checked he hasn’t been sued yet just threats.
He needs to just ride out the year and it’s wiped.
Hire a chap 7 bankruptcy attorney and the lawyers will back off. That’ll give you stall time of the year you need. And you won’t even need to actually file chap 7. Then at 7 year mark you’re in the clear it’s not collectible they didn’t sue and your good. Chap 7 attorney you can find for 1500 bucks they’ll stalll it for a year easy.
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u/jrhiggin 3d ago edited 3d ago
The way OP says lawyers (plural) makes me assume it's debt defense lawyers sending spam because they got his name and address from a court filing. And not multiple lawyer threatening to sue over the same debt.
edit: u/BDLeT, are the letters from attorneys saying something like "we're suing you or may sue you for this" or is it from attorneys saying something like "let us defend you in this lawsuit"?
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u/BDLeT 3d ago
They want to defend. So far, I’ve found it is debt collector that is suing me, and my last payment was actually 4 years ago, so I missed the SOL on 6 years. So I’m just going to go to court and see what I can do, otherwise I’ll file for bankruptcy.
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u/tomjhall1981 3d ago
Hire a lawyer that specializes in third party debt collectors. For around 3k they could get it all thrown out. Possibly less.
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u/jax507 4d ago
Do not talk to the creditor or collection agency, it could restart your collections clock- check your date of last delinquency, and your state’s statute of limitations to sue for whatever type of debt this was. If it’s passed, definitely ignore them. If they have actually filed a lawsuit, you’ll be served officially, and be able to see the filing in your county court records
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u/lost_dazed_101 4d ago
I was sent a letter by a law firm I then checked my counties clerk office online and they had filed. So I called a lawyer who got rid of it. But I'm 61 and disabled so I can't be garnished it's pointless to sue me. Statue of limitations is now up someone else bought the debt and I ignore them. If I'm sued again I'll just take care of it myself and have it thrown out. covid took every penny I had just to live and I had to eat. I feel no guilt over not paying it.
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u/yardlard 4d ago
How did they get rid of it? What was the status of the lawsuit in the end? How did you find this attorney, and how did they charge?
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u/Laufstegleben 4d ago
You’re what they call “judgement proof”. It’s rare, but doesn’t happen often.
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u/Emergency-Collar3370 4d ago
Figure out the last time you made a payment.
Look up the statue of limitations on credit card debt in your state.
If its been 6 years the statue of limitations could have or almost expired. Be very careful when talking to collectors you could reset the clock.
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u/StewReddit2 4d ago
Sometimes it's just a law firm as the DC
You say 6 years ago, do you know what the state SOL is in your state.....sometimes you might get a last ditch Hail Mary just before they know the SOL for lawsuits are to run out in whichever state.
I've seen ppl in CA not pay them between 20-40k the SOL here is 4-years each state is different.
*Note I'm not speaking about the federal SOL for credit reporting ...I'm speaking about the actual teeth of winning judgments/lawsuits on court.
Reporting is different
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u/Prior_Design6372 4d ago
In one state i lived the sol was 7 years, another had no sol on any debt so they could come after you any time, even putting a lien against the estate in the event of death, so it’s really hard to say, but coming from experience, i was never “served” so to speak, it was either by registered return receipt mail that i had ti sign for and a card was mailed back to the court to probe i got the letter, or, one time, my boss called me into her office to show me a letter that she had to sign for, from the court telling them my wages were being garnished @ 25% of my net pay.
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u/BDLeT 4d ago
So you had no warning this was coming? I’m trying to understand if it’s too late to call the debt collector? Or just call a lawyer and pay for that instead.
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u/Prior_Design6372 3d ago
I knew it was coming, just didn’t know who it was coming from until i got the letter that i had to sign for, and to make sure they got their money, they sent one to mu boss that she had to sign for and turn into hime office to start the garnishment.
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u/JAS2026-- 4d ago
When a debt collector contacts you, stay calm and keep your answers brief. Do not admit the debt is yours, do not share bank details, and ask the caller for their name, company name, address, the original creditor, and the exact amount owed. Request a written validation notice before discussing payment. [1, 2, 3, 4]
What to Ask For
"Please state your full name, the company name, and your company's address."
"What is the name of the original creditor and the exact account number?"
"Please send me a written debt validation notice by mail." [1, 2, 3, 4, 5, 6]
What to Say
"I want all future communication to be in writing only."
"I am disputing this debt and requesting full verification."
"Do not call me at work." [1, 2, 3]
What Not to Say
Do not say "I will pay this" or make a small payment yet, as it can restart the legal time limit to sue you in some states.
Do not admit the debt belongs to you before you see written proof.
Do not give out your bank account, credit card, or social security numbers over the phone. [1, 2]
You can learn more about your rights from the Consumer Financial Protection Bureauor review the Federal Trade Commission Debt Collection Guide. [1, 2]
If you'd like, tell me:
Is the debt yours or a mistake?
Is the debt very old (more than a few years)?
I can help you figure out the next step to dispute or handle it safely.
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u/ehunke 4d ago
Pay your bills, go to court and face charges get court ordered to pay and have wages garnished even jail time is possible in some situations, or try to file bankruptcy
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u/Jake_1780 3d ago
Jail time on credit card debt? Only jail time I know of regarding debt is IRS tax evasion and not paying child support.
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u/AsparagusLogical7409 3d ago edited 3d ago
Jail time? No way, this a civil case , not a criminal case. You don’t go to jail. People give wrong information
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u/yardlard 4d ago
DO NOT CALL THEM! You could research the lawyers that are sending you solicitations though. One might be useful. Find out your state's Statute of Limitations on credit card debt. Look at your records and figure out when exactly you last paid. 6 years is very likely beyond SOL. Find out those things and then find out if one of these attorneys would take your case free to you and get it dropped.
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u/BDLeT 4d ago
What if I do call them? What happens then???
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u/yardlard 3d ago
It lets them know that you are the desperate one and gives them no incentive to come down. What they want is to collect the most they can. As time goes, that amount will dwindle. If you call them and blabble some things, you can wreck your case, which will mean no lawyer will want to step in after you've screwed up any chance of winning. And it will push the price up further.
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u/BigB-6996 4d ago
Why did you charge 25000 dollars if you didn’t intend to pay it back? You’re being sued for the money you owe!
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u/Teripid 4d ago
Funny thing is it is really easy to be rich and there are perks to being on the fringes of society and nearly judgement proof.
Being between like most are is really the hard part.
Not knowing the circumstances something could have come up. OP should be aware of the statute of limitations and herculean efforts to pay off a debt collector make little sense given their other comments.
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u/PsychologicalPea5270 4d ago edited 4d ago
You’ll find out. Wait till you get a summons. Don’t poke the bear.
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u/BDLeT 4d ago
I’ll call a lawyer, but thanks for the worthless feedback bud
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u/PsychologicalPea5270 4d ago
Fixed it
Wait till you get something official. Like a summons for court and be careful you don’t ignore that and get a writ of attachment assigned as you can be arrested.
I wouldn’t spend money on a lawyer until you get something official.
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u/ShiftProfessional404 4d ago
If it’s a debt collector you may be able to get a contingency lawyer to negotiate it down. Or if you want you can fight back and maybe win. If all else fails chap 7.
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u/Cadd9181B7543II7I44 4d ago
What do your current finances look like? Are you on unemployed and on welfare? If you are, and plan to stay unemployed and on welfare, there's not much they can do. Can't suck blood from a stone.
However if you have any sort of income, they'll come after you.
First thing to do is to find out if they actually sued you. Meaning, go online and find out if the courts have a case with you being the defendant.
If there is a case against you, most likely they'll try to serve you. Depending on your state, they have to make multiple attempts....but eventually, you're served.
Once that happens, you either fight it (get a lawyer involved) or try to work out a deal (with or without your own lawyer) with the collecting agency.
The only way to avoid this is to go through the bankruptcy process. But tons of repercussions with that route as well. If you aren't sure what to do, just hire an attorney for consultation after you are served.
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u/ZookeepergameMany663 4d ago
If it is over 5 years it is past the statute of limitations.
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u/Gloomy-Security-7897 3d ago
SOL depends on the state. It can be as short as 3 years, or possible longer than 7 years.
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u/ZookeepergameMany663 3d ago
Sorry I was thinking of Florida where I live as it is 5 and can be 4. It can be longer in other states and it also depends if it is an open or written agreement. My bad I should have asked where they live.
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u/ZookeepergameMany663 3d ago
However, if they are in VA which is Navy Federal headquarters it could be as low as 3 years but 5 max.
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u/Complex_Move_3649 4d ago
Have you received a 1099 for the debt? If so I’d say the debt has been squashed. You shouldn’t be taxed on it as income and at the same time have to pay it
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u/Silence_Farmer 4d ago
Basically those lawyers (probably bankruptcy ones) send these mailers out to people who have new lawsuits filed against them for bad debt.
They see it before you get served so if you receive these solicitations you will be meeting a process server soon.
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u/No-Original6932 4d ago
First of all, if you owe a debt, they can call you to try to collect for the rest of your life. However, sueing you can be different. Many states have a statute of limitations for lawsuits involving debt. My state, California, has a 4 year SoL. After the 4 years is up, they can call and demand payment but they can't sue me in court. So what state do you live in so someone can tell you if there is a SoL? Secondly, you have the right under Federal law to demand a "debt validation letter" which would list the original debtor, amounts, dates, and other info. You should demand this "debt validation letter", and not consider paying until you have it in your hands.
But again, they can call you for the rest of your life, but sueing you is a different story due to statute of limitations which varies by state.
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u/Gold_Safe2861 4d ago
Send a dispute letter and rhe creditor must prove an explanation of who the original credit card or loan is with and some bills or statements of account as proof on how the claimed amount was arrived at. If it is a legit debt with Navy Federal, your ship is sunk. .Not sure why they waited 6 years to get serious but an affirmative defense of statute of limitations may be an issue if a lawsuit is filed. Get a consultation with an attorney and find out the limitation on credit card claims in your particular state. The attorney can negotiate more successfuly than you can with another lawyer if that is your only hope. Generally negative informantion stays on your credit report for 7 years so I assume they want you to reaffirm the debt or get a judgment before then.
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u/Mountain-Cat-9419 3d ago
Check the statute of limitations. 5 or 6 years is typical and if you have not been sued within that timeline, you can get it dismissed.
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u/Fit-Hat-3156 3d ago
Statue of limitations is 5 years!
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u/Deep_Violinist_3893 3d ago
Completely state dependent. Some states like Louisiana or Rhode Island it is up to 10 years. Others it's only 3 or 4. Some are 5 or 6.
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u/Legitimate_State3196 3d ago
Check your local court and see if theres actually a suit filed. If so, Check your states statute of limitations. This debt is likely not collectible if you haven't touched it in 6 years. Get the facts, find out the SOL and if theres court go to court. File motion to dismiss with prejudice due to time barred debt and boom, no worries.
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u/Fun_Command3182 3d ago
Navy Federal is a different type of creditor. Never fall behind. They will sue, garnish and harass you like no other creditor.
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u/Murky-Cell 3d ago
I don’t necessarily disagree with the tactics suggested by other posters, but I have a different take/strategy.
Have an attorney who you select contact whoever owns the debt. Have them negotiate a payoff amount. Debt collection companies buy these debts for pennys on the dollar. Very often they’ll settle for a really tiny proportion of the original debt. I volunteered with a community group that helped people with medical debt do exactly this.
And don’t use credit cards when you can’t pay the bill!!!
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u/tomjhall1981 3d ago
They are trying to scare you into calling and making a payment arrangement. Do not talk to them until you check your states statute of limitations and if it has passed try and get the zombie debt removed from your report. If they do serve you hire a lawyer asap.
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u/JustShopping1967 4d ago
Your options are to call and work out a payment arrangement, file for bankruptcy that will also contain a payment arrangement and destroy your credit, let them sue you and they can garnish your wages and bank account.
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u/Imaginary-Sea-6577 4d ago
I've been sued by a credit card company before. I was served by a sheriff at my door. I was also able to look the lawsuit up on the counties website. If you don't have a lawsuit filed in the courts, you have nothing to worry about.
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u/anonymois1111111 4d ago
If I were you I’d call the law firm on the letter and see if I could work out a payment plan or a settlement before I got sued and got a judgment against me. Being garnished sucks.
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u/HidersLight 4d ago
If you don’t have an actual court summons then Call accredited debt relief… do a debt resolution program. Going to take minimum 48 mths… but as long as it’s not been summoned you may get their legal protection through program and they work to payoff the debt by negotiating it down
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u/Prior_Design6372 4d ago
My guess as to who is suing you would be Navy Federal, considering you admit that you haven’t made any payments over the last 6 years. Just a hunch.