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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Mon Dec 07, 2009 11:20 pm
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| Have you tried calling them up and getting a payment arrangement with them that will work for both of you? Maybe they will work something out, I am sure they will try to work it out with you, they want paid and you need to get them out of your hair. |
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unsure
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Subject: Sued By Debt Collection Agency
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Tue Dec 08, 2009 3:25 pm
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| Ok so I just went to court with the same thing. A creditor charged off an account it went thru several collections being bought and so on. After getting served the papers I contacted the CA. They wanted to set up a pay arrangement so we did BUT I asked for 3 things: Debt Validation...mind you a DV isn't just a run off copy it has to be a letter from a seller and buyer with BOTH signing it and if they bought from someone else they have to have proof you owe THEM ex:passed itemized bills because although you may owe this debt to one person it doesn't mean you owe it to the one collecting on it thats exactly what the judge told me!!!, letter stating pay for delete, and the payment agreement. They played around and played around and told me all kinds of stuff and even told me DO NOT GO TO COURT that they contacted the courts that we entered into an agreement and the judge won't hear the case now... DO NOT BELIEVE THEM.... YOU GO TO COURT. If you get a CA taking you to court DO NOT SIGN ANYTHING with them at all and DO go to court. I went to court anyways they didnt show adn the judge thru it out as 0 balance. However, they have 30 days to file an appeal in the case but again they are going to need alot of proof that I owe THEM. Just what ever you do got to court. If you don't show you will automaticly get the judgement put against you even if they don't show. The CA even sent a letter to the courts saying I agreed no to go and agreed to payments but guess what???.... the judge told me they didn't send one thing with my signiture on it so he couldn't throw it out UNTIL that morning. There isn't a debtors prison, so you won't go to jail but you could stand to lose everything you have if you let them get the judgement. As soon as you get the papers served on you for a judgement call the courts and tell them you want to enter a right to defend that means you plan on going to court. If you don't answer they will assume you do owe THEM the $. Don't give them any lead way at all. I have done alot of research on this. Any ?'s post and I will see if I can help. |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1889
1356 Magic Points
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Subject: debts
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Sun Dec 13, 2009 12:19 pm
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| Good for you!! Ya 'stood up' to the (one of many) horrible CA's!!LOL I recently read, on the Forum, that a CA can't sue AFTER the SOL is up. If they try to do this (after the SOL..) what can we do? Do we STILL go to court and explain the SOL is expired, etc? |
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pierce
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Subject: debt collection acgency
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Wed Jan 06, 2010 2:11 am
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| I got a call from a rather rude collection agency that told me I owed a debt and that they would be coming after me to collect said debt..I replied asking for any and all account information... What should I do now to stop these harrassing calls. Also he didn't identify himself, company or reason for call. Should he have done so? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Wed Jan 06, 2010 2:32 am
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This is typical of a collection agency that hires thugs, chances are they have no clue what the collection laws are. If I were you I would send debt validation, send it certified mail return reciept requested. If for some reason they will not give you mailing information at the least get a phone number and the name of the collection agency and then turn them over to your attorney generals office.
I have had this happen to me where they are completely ignorant, rude and down right obnoxious, after the attorney generals office called them, I got an apology and a paid in full letter. You have a right to the information of the debt they are trying to collect. there is no need for their rude behavior, you don't have to put up with it, just get the attorney generals office from your state involved right from the beginning.
goodluck and keep us updated. |
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upsidedown
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Wed Jan 06, 2010 8:45 pm
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| i made the mistake of not getting the CA's company, mailing address, or fax number, after having the CA's rep tell me i was too stupid to be talking to him, i couldnt get that info. how do i get it now, after talking to him? |
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AnyaRostov
Joined: 09 Jan 2010
AnyaRostov's page
Posts: 13
270 Magic Points
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Sat Jan 09, 2010 3:39 am
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| You are correct, bankruptcy and credit counseling will not work on a student loan. A lawsuit isn't usually how student loans collect. They will most likely try to seize any income tax returns for as long as you live. |
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Timbob26
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Fri Dec 24, 2010 10:12 am
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To the earlier question. The collector will sue if there are enough cases in your area to justify the costs involved with doing so. If you do not show up you WILL LOSE by default regardless if the plantiffs councel shows or not. If the plantiffs counsel doesnt show you will win by default. Usually on the paper you are served with it will instruct you to notify the court if you intend to appear so that they can let the opposing attorny know that you intend to present a defense.
Require the plantiff to provide documentation of the original debt and check your local Statute of Limitations on the debt you are bieng sued for.
best yet, talk to an attorney. spending a few hundred dollars on an attorney will probably save you thousands! Worst case scenerio- you attorney can work out a settlement on the spot if he knows you wont win. |
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Timbob26
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Fri Dec 24, 2010 10:12 am
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To the earlier question. The collector will sue if there are enough cases in your area to justify the costs involved with doing so. If you do not show up you WILL LOSE by default regardless if the plantiffs councel shows or not. If the plantiffs counsel doesnt show you will win by default. Usually on the paper you are served with it will instruct you to notify the court if you intend to appear so that they can let the opposing attorny know that you intend to present a defense.
Require the plantiff to provide documentation of the original debt and check your local Statute of Limitations on the debt you are bieng sued for.
best yet, talk to an attorney. spending a few hundred dollars on an attorney will probably save you thousands! Worst case scenerio- you attorney can work out a settlement on the spot if he knows you wont win. |
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elke61
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Subject: CA trying to intimidate?
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Tue Dec 28, 2010 1:41 am
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| After responding to a summons I got a letter asking me to admit to things about my account and they want receits, all correspondence and they want it notarized. I got this regular mail(no signature recquired). Has anyone else had this happen? |
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Bardo
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Subject: ANuJvQRFSEhkUVxtP
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Thu Dec 15, 2011 2:44 am
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| What a joy to find such clear thinking. Thanks for ptsoing! |
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