4 Comments

  1. Guess Who
    December 27, 2013 @ 5:25 am

    1. Don’t ever believe a debt collector who claims to be a lawyer or from the “legal division”, they lie to scare you.
    2. The debt collector has to sue you in the jurisdiction in which you live. You also need to be formally served with a summons to appear in court. In many cases, unscrupulous debt collectors may find ways to skirt the summons part by serving you at the wrong address, etc., Check your local court houses to see if there has been any cases filed against you.
    3. Don’t EVER give a debt collector any personal information about yourself. They will use what you tell them against you.

    Check your state’s statute of limitations on debt . If this is a credit card debt, it comes under “open accounts”. If the debt is outside of statute, you no longer have a legal obligation to pay. Inform the collection agency of that fact. If a lawsuit has already been filed, you must answer the suit. Use the statute of limitations as an “affirmative defense” (yes, I owe, but I no longer have a legal obligation to pay). The lawsuit should be dropped.

    Also, familiarize yourself with the Fair Debt Collections Practices Act (FDCPA). It clearly spells out what a third party debt collector can and cannot do. For example, it is illegal for them to represent themselves as lawyers if they are not.

    Hope this helps.

  2. Adam H
    December 27, 2013 @ 6:22 am

    Could be a fear tactic to get you to pay your debt (if it’s yours…)…then again, it’s probably not.

    For an item in collections, from my understanding, Debt Collectors need to file something with the courts to initiate the garnishment process. She might mean that she filed the papers to start the summons. So you’ll probably get a summons soon-ish.

    You’re not exactly being sued because they have to prove to the court that you owe this money. If you do, the court will decide the amount of the garnishment. If you don’t, the court will drop the case and the debt recovery people will have no recourse but to just absorb the debt.

    If you miss the summons for any reason, you will be found guilty and the garnishments will be sent to your employer.

    And if you provide your Social Security Number to your employer (for tax purposes), then the government has it. If the government has it, then the work info is updated on your Credit Report (eventually). If it’s on your Credit Report, then the Debt Collectors will know exactly where to send the paperwork and garnishment information.

    Your best bet is to talk to a lawyer who deals in debt concerns. They’ll answer all of the other information you’re missing.

  3. Steve
    December 27, 2013 @ 7:02 am

    If they are taking you to court then you will be served with papers to appear in court.

  4. Julie B
    December 27, 2013 @ 7:36 am

    Since you have access o the internet why not look them up and with the Better Business Bureau as well. Then when they call again throw what you have learned about them. I would also get a copy of your credit report and request that they send you the papers on what basis is the debt.

    I had a girlfriend get caught up in a scam and after we looked the information up and refused to bend they gave up and she hasn’t heard from them since.