please need help today

iVillage Member
Registered: 04-06-2003
please need help today
9
Thu, 08-19-2004 - 3:37pm
Can a collection agency sue me. My credit card just got sent over to a collection agency ansd they are telling me that if I do not pay $260 w/in a week that I will have to go to court. She is telling me that they have a court date for the 27th which is when she wants the payment for that I have never recieved notice for she says she'll send out a court notice tomorrow Which just souunds fishy please I need to know what to do and I can't afford that.
pregnancy week by week
iVillage Member
Registered: 04-30-2003
Thu, 08-19-2004 - 4:34pm

Hugs.


Sorry, I have no real answers, although I do know some agencies will say what they can just to get the money. They will threaten you with everything.


That doesn't mean it's not for real, it just means they do what they can to get the money, even if it's scaring you and threatening you.


Hopefully someone else will have an answer.


Hugs again. I hate collection agencies.

~Cher




my pet!

Avatar for cl_phocid
iVillage Member
Registered: 03-26-2003
Thu, 08-19-2004 - 5:00pm

This is a great question for the Debt Q&A Board: http://messageboards.ivillage.com/iv-mldebtqa


I highly doubt that you have a court date already, but it's not unheard of for them to sue.

All my best,
Danni

iVillage Member
Registered: 04-06-2003
Thu, 08-19-2004 - 5:06pm
thank you both
pregnancy week by week
iVillage Member
Registered: 08-19-2004
Fri, 08-20-2004 - 1:02pm


Hi, I can tell you that yes they can start suit against you but it is a long procedure. You can stop this by making a payment arrangement (one that you can keep) with them and honoring it. For instance if you call them and say I will make a payment of $50.00 every month until this bill is paid and I will make it on the 15th of the month, you send them post-dated cheques-there is nothing they can do as long as those cheques clear. They may try to tell you that 50.00 is not enough-tell them that is all you are willing to do. They cannot proceed legally if you make a reasonable payment schedule and keep it. I have been in collections for 20 years and can tell you it does'nt matter what threats they make, they have to accept this.

Good Luck to you.

iVillage Member
Registered: 10-25-1999
Fri, 08-20-2004 - 1:11pm
If you call your clerk of the court they can do a query by your name & see if anything has been filed on you.

They can sue but for $270 I'd be suprised if they even recover thier court costs(unless they tack on more fee's). She's probably blowing smoke. You can make payment arrangements with them. As long as you pay something they can't take you to court. Some creditors will "settle" for a lessor amount if you can't afford the whole sum. I've been paying $10 a month on a medical bill for years and they can do nothing as long as I keep sending checks.

Each collection agency works differently so be careful - they are like vicious dogs.

Avatar for zaboz
iVillage Member
Registered: 03-26-2003
Fri, 08-20-2004 - 1:45pm
"As long as you pay something they can't take you to court."

That's not true. Until you pay in full they can take

you to court at any time. It's definitely less likely if you

are paying, but they still can.

iVillage Member
Registered: 06-18-2004
Fri, 08-20-2004 - 4:45pm
Just lurking but thought you'd like to know, you can't (no matter who you are) send your own court notices. I sued someone in small claims two years ago and first off, the court date was a month away, not a week away. Secondly, to notify you you are being sued the court clerk will send the notice via certified mail, return receipt requested, or through a county marshal or someone not involved with the case delivering it to you. They then have to sign an affadavit stating they have no interest in the case. Someone from the collections agency can't deliver or mail it themselves. They could hire a bonds agent to do it. We finally had to resort to that because the guy we were suing was ducking the court sent mail.

Also, they can't go to trial if they have no proof of proper service of court papers. The judge will delay it.

As for the poster who said they won't take you to court for such a little amount it would cost more in the long run, if they win then you could be assessed court costs. your best bet might be to work out a payment plan with them. I would think they would want something rather than the trouble of taking you to court. Good Luck.

JMO.

iVillage Member
Registered: 02-14-2004
Sat, 08-21-2004 - 11:26pm
Just keep in mind what being sued means. Most people panic, but in every state there are laws regarding what is protected in a lawsuit, (home, car, etc.), and you should find out what the law in your state is. Also, what would happen most likely is the judge would say, yes, you owe the debt and have to pay it, and order wage garnishment or something of that nature. So don't panic and take it day to day. If you don't have the money, you don't have it.
Avatar for mrslove2000
iVillage Member
Registered: 03-26-2003
Sun, 08-22-2004 - 11:55am
First of all, a BIG HUGG for you! I can feel your stress and anxiety. Just remember it will be ok. There are many more important things in your life than worring about a collection agency. (I've been there)

Second of all, yes a collection agency can file suit. I would be extremely surprised that they could already have a court date within a week. Like a previous poster mentioned, the collection agencies have to go through the same process as any regular Joe and can't just get one on a whim.

Third, you did not mention how deliquent you were on your credit card before it was turned over to collections. Look at http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml to determine of the statue of limitations has expired. If so, you may not have to pay off the debt even though the collection company is seeking payments.

Lastly, since your account has been sent to a collection agency, you can request in writing that they not contact you unless it is to further seek legal action. This will stop all calls from them and if they violate the request, they can be fined for it. Fair Debt Collection Practice Act Section 805 (c) You have a right to sue collection agencies if you have sent them a cease and desist letter and they still call you. Fine $1,000 per incident

Knowledge is power and I love to help people know what their rights are so that they can deal with collection agencies on level ground. www.creditinfocenter.com has a lot of helpful, legal information to help arm yourself to deal with these issues. Not all collection agencies are awful. My experience has been when the consumer is educated the Agency is A LOT "helpful" in resolving the issue.

Best of luck,

Susan

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