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Being sued for non payment? Should I settle out of court?
Anonymous3 views2 answers
I received a call yesterday from "legal services" telling me I'm being sued for non payment on a contract I signed six years ago with a magazine subscription service. One year into the two year contract I renegotiated over the phone with this company to discontinue payment and shipment of the magazines and never received another magazine. I also never heard from them again until now. Because it's been so long I do not have any records left. I also have not lived at that residence for 5 years. Can they sue for the remaining balance and late fees after this long? They offered a 30% settlement amount. Should I pay this and be done with it?
I am not licensed to practice law in your state.
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
The statute of limitations for a written contract is 6 years and probably would start when you stopped paying. They would try to tack on the interest and late fees. The question you need to ask is who owns the debt now. If its a debt buyer, you might be able to win in court. Of course, you need to weigh the cost of the settlement against cost going to court. At this point, it really is just a numbers game for you and your budget.
Without knowing the amount and exact age of the debt, there's no way to answer you. If you do settle, be sure the agreement is clear and written before you pay.
