What to do if 4 years ago I received a bill and uponcalling toask about itI was told that it was a clerical mistake and that I didn’t owe anything but now I’m being sued?

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What to do if 4 years ago I received a bill and uponcalling toask about itI was told that it was a clerical mistake and that I didn’t owe anything but now I’m being sued?

I have not received any correspondence since but now I am being sued for the amount. What can I do? I was told that if I did owe anything, I would be contacted with details regarding the amount and due date.

Asked on December 21, 2011 under Bankruptcy Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately the person that you called stating that there was a clerical error for a bill that you received years ago might have been wrong when you were told that you owed nothing due to a clerical mistake. What you need to do is to call the attorney who filed the lawsuit in an attempt to resolve it as soon as possible.

You need to ask for all documents supporting the claim against you. Possibly the lawsuit may be barred by the statute of limitations pertaining to the applicable causes of action against you regardless of whether you owe on the debt or not. I suggest that you consult with a contract attorney about the situation you are in. Make sure you get an answer with defenses filed in a timely manner so that you are not defaulted.


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