can the collection agency actually sue you, i was thinking that since they are only hired to collect a debt, that legally they cannot sue you. and that it would have to be the company who you owe the money to. so am i right or wrong.
2006-07-11 10:05:36 · 6 answers · asked by daniel_97202 5 in Politics & Government ➔ Law & Ethics
i'm not being sued. just curious.
2006-07-11 10:57:17 · update #1
You are both. It depends on the services the collection agency is providing, or can provide. It can vary from state to sate, and collection agencies have to be licensed to operate in each state.
Some collection agencies actually purchase delinquint accounts, in which case they have the right to sue.
Other times the collection agency sues in the name of the creditor.
2006-07-11 10:10:36 · answer #1 · answered by Steve Wood 3 · 0⤊ 0⤋
Actually, you're wrong. I was a collection agent for 4 years before I went back to school to earn my second degree. They can file a judgement against you in civil court since they are hired as an acting agent on behalf of the creditor, this judgement will include all interest up to date as well as any incurred in the future plus all court fees. I processed hundreds of accounts like this, and they will do it eventually.
The good news: To get out of it is actually pretty simple. Rather than pay it, go to your nearest credit counselling agent and have them negotiate on your behalf. Once you are in with them, all collection practices MUST cease and interest can no longer be accrued, or you can actually sue them. The other, grimmer option is to file for bankruptcy, but I would suggest the credit counselor first because many times they can knock off a huge percentage of the debt in exchange for a monthly payment (sometimes as much as 80%!). Credit counselors can be found in any yellow pages.
Hope that helps a bit!
2006-07-11 17:15:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No they can not sue you. They can make threats. You can't get blood out of a turnip. You can send a letter requesting that they "cease and desist" requesting that your debt be returned to the your account holder and they have to honor your request.
2006-07-11 17:13:21 · answer #3 · answered by Peace2All 5 · 0⤊ 0⤋
I originally said no to this question but after reading the person right below me, I think they may be right.
2006-07-11 17:09:46 · answer #4 · answered by TrippingJudy 4 · 0⤊ 0⤋
your wrong im being sued by one right now but they messed some stuff up some im going to be suing them for more than they are suing me for.
2006-07-11 17:09:07 · answer #5 · answered by Pacman 3 · 0⤊ 0⤋
I always heard they cant do anything
I have one after my wife and so far they just make noise
all threats no action for 6 mo.
2006-07-11 17:09:24 · answer #6 · answered by Mr nice guy 2U 5 · 0⤊ 0⤋