if they are able to take you to court, how do they go about doing it? Do you get a letter in the mail or do they have a officer summons it to you? I have some friends also that say they were threatened by the collection agency stating that they were giving them 24 hours to pay or they would be summoned to court the next morning. Is that possible?
2006-08-31 14:56:33 · 3 answers · asked by eeyore1 1 in Business & Finance ➔ Credit
I agree with the first two posters.
Filing a lawsuit is not an overnight thing. They would have to file, then the process server would have to serve you, then you have (depending on your state) at least 20+ days to file an answer, then they would set a court date.
Send the collection agency a debt validation letter as soon as possible (send it certified mail return receipt)
Learn the statute of limitations for your state.
Pull your reports and see if the collection agency is listed and see how many violations they are reporting
I would also suggest going to the site I've listed. Start in the newbie forum and then do some reading in the credit forum.
You will be able to find the statute of limitations for your state and learn what is need to send a debt validation letter.
2006-08-31 17:33:18 · answer #1 · answered by echo 7 · 0⤊ 0⤋
They must file the case in the appropriate court for your county and state. An officer will come to your house and "serve" you with papers that a lawsuit has been filed against you.
There is no way to know that it has happened until you are served.
I received threatening letters back when my credit went bad but nothing ever happened.
2006-08-31 22:19:30 · answer #2 · answered by ascendency2003 2 · 0⤊ 0⤋
You have to understand they will do or say anything to get there cut of whatever money they scare you into paying them. They will threaten and threaten some more. Your best bet is to not answer the phone. This is what they do for a living and get better and bettter at it.
2006-08-31 22:45:41 · answer #3 · answered by jodi_lynn_124 2 · 0⤊ 0⤋