collections by lawyer

[faithnlve]

What is the name of your state? vt can a lawyer (collections) pull you into court if the bill owed is over 5 years old? A friend of mine (the truth) agreed to pay 100 a month a couple years ago. She paid on time, but then became homeless. She is now working but living in a shelter to save up for an apt. She is being sued in a small claims court in NH and lives now in VT. Can she get it dismissed based upon the length of time it was owed or hardship? It is a credit card bill. She really cannot afford this 100 a month anymore, plus, she is virtually broke and homeless unless she can save so much out of her paycheck each week, which is not alot to find a home to live. Any suggestions on what she can do? She has tried talking to the collections agency and they refuse to budge. Plus they are charging her late fees each month she has been late, even though this credit card account has been closed since 2003. Thanks

 

[SF439]

It really depends on if they are acting on the behalf of a collection agency, yes, they can sue. You can argue that the statute of limitations has run out, but for something like this she's likely loose.
Her easiest sollution is to file for bankruptcy and make sure she includes all debt so to just clear everything out under chapter 7.