[cigardogz]

I am being sued on a cc debt. I pulled credit report and debt was not transfered or sold. It says charge off 3/06 with last payment much earlier in '05. It says account closed at consumer request. Yet I have a lawyer suing. I am drafting reply to court. If the lawyer doesn't own the debt and it is listed as charged off can I still be sued by them.
My wife has the same situation seperate debt. Charge off in 5/06 with last payment 9/05. Also on my wifes service there happened to be a page attached from a notary in Ga stating all records of said debt have been destroyed. Any advise on response on either situation. Neither account says sold or transferred. We are in Michigan.

[Happy Trails]

When a company realizes that their chances are slim to none on collecting a debt that is owed, they do what is known as a charge-off.

This is an accounting term meaning the company wrote the debt off as a loss, it does not mean you do not still owe the money.

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I have no idea what you should write in response to the lawyer.

Maybe someone else can give you an idea on that.

You don't deny that the debts belong to the two of you and the statute of limitations in Michigan is 6 years, so I don't know.

[cigardogz]

If the lawyers don't own the debt can they sue for payment? Can I request that they supply proof that they have standing to sue? Additional information regarding my wife, she is under Dr care and has been unable to work for over 3 yrs. She can hardly walk.

[aaron]

When a lawyer represents the creditor, the lawyer can file a lawsuit on behalf of the creditor.

[cigardogz]

How can I verify that they are representing the creditor and not just "trolling" trying to get you to pay them. Can I still negotiate directly with the creditor or must I go through these lawyers?