credit card company has written off debt, can this legal firm collect

my husband got papers served on him from a legal firm. It was on a credit card that we have not received any billing for since 2003. At that time it was paid off. The credit card company has written it off - can a legal firm still collect the amount?

Are you absolutely certain it's from a legitimate attorney? Many times, collection agencies pass themselves off as attorneys, but are not. Who is the "law firm" representing? Does it say RE: or does it say representing our client, such and such?

They can try to sue you, but it does not mean they'll win. If it's a collection agency, they will more than likely lose because they cannot provide the paper trail that is essential in proving their case. Such as, when all of the prior payments had been made and when the last payment was, and who at the agency has had personal knowledge of all activity on the account.

When a creditor writes off an account, it is simply for tax reporting purposes. It does not wipe the slate clean nor does it mean the debt is not still owed.

My guess is the statute of limitations is either very close to running out or has by now. When was the date of last payment? Meaning, when was the very last time you or your husband made a payment with the original creditor?

My advice is to contact a good Consumer Protection attorney. Many work under the contingency that if you don't win, you owe nothing and if you do win, they receive a percentage.

One quick question; if the card was paid off, why did the credit card company write it off?