Help!!! Can they sue?

Avatar for aerandel
iVillage Member
Registered: 03-25-2003
Help!!! Can they sue?
2
Wed, 02-01-2006 - 3:35pm

HI everyone! I need your help...dbf received a call today from an account that is in collections. The account has been in collections for 3 months and the total balance at the beginning of the time it was sent to the collection agency was something like 1500 dollars. He has paid off a little over 1000 dollars since that time, and now owes less than 500 dollars. The last time he spoke to them he agreed to make a payment for the remaining amount before the end of January (he's in real estate and he expected a closing and to be able to make the payment). The closing never happened and the collection agency didn't get their money. So now today he receives a phone call saying if they dont' receive money from him by 5pm today (or at the very least a post-dated check via telephone) that they are sueing him. They went through his personal financial records and the lady on the phone was saying "Well our records show that you paid your car payment, how did you pay that?" and things like that. We have no money to get to them unless I raid my savings account at ING which does not meet the sum they want (around 475) and would also take a few days to transfer. Dbf has a closing for definate in a few weeks here and he will be receiving more than enough money to pay the balance.

So can they actually sue him now? Will they? We are panicking...never had this happen before. The money is coming...but not here yet. Probably end of February or the 1st week in March. Help! Should I scrounge my money together and raid the savings to try to send them a check in a few days? He feels that they won't do anything because the cost to sue would be more than the amount due so he is hoping maybe we can just let it slide for a few more weeks and then pay the balance in full. Help!!!

                          

             

iVillage Member
Registered: 01-25-2006
Wed, 02-01-2006 - 4:23pm

I don't know what they can and can't do but I suspect if they win a judgement against him, they can pass those court costs right back onto him so I wouldn't assume they wouldn't do it because of that. Can he call back and talk to someone about some sort of compromise? Can he pay anything? If he can pay something, I would go ahead and make that payment (online if possible) and then call to negotiate what he might be able to work with in terms of the remainder. Maybe offer to provide whatever proof that he can that he has a house under contract and reflecting the closing date. And then follow through OR be proactive and call them instead of waiting for them to call him with their newest threat.

I'm sorry this is happening. Hang in there!

Peg

Avatar for cl_phocid
iVillage Member
Registered: 03-26-2003
Wed, 02-01-2006 - 4:48pm

Yes they can sue.

All my best,
Danni