Collection agency calls and gave me 24 hrs to pay then a court date was sentplease help?

Question

hello
about 6 years ago i ran into some very difficut financail problems. I had a card with discover and i had to pay medical bill ect with that card on thing led to another and they were not willing to work with me at all. they told me they are going to charge it off but that was like 4-5 years ago. I then got a phone call from a nasty man demanding 6,700 for that card. This guy told me i have 24 hours to pall in full, this company was out of NY, if i was not going to pay at that time he is going to take me to court, then he said i can take everything i own, my drivers licence and my job. I got a court summons 4 days after that dreadfull conversation stating i have a county court date in 10 days. This notice to go to court showed up in my mail box, in almost a plain envlope. i stated my name and the plantiff name and stateing they are sueing me for now 8,200. I am really scared and dont know what to do, i dont have 8,200 dollars laying around. I barlely make enough for ends

Answer 1

You NEED to check with your county court clerk and see if there is a suit filed in your name.

Something just doesn't sound right here, for one thing, even though service by mail is acceptable in some states, it's usually after they try to serve you in person. Another thing is that they have a court date TO SOON. By any states laws you general have "at least" 20 days, after receiving the summons, to file an answer before they set a date.

And all of this happened in the space of 4 days after he claimed if you don't pay he will file???

Nope, something isn't right.

Sooooo contact the court clerk.

If there is no case filed under your name, you should contact a lawyer and sue that collector for that false summons.

You should also pull all three of your credit reports (not the 3 in 1's) but complete reports from each bureau. Look them over to see if there are any violations, I'm sure they are on there.

You did not say what state you are in or when the last time you made a charge or a payment on the account, so I cannot tell you if you are still within the statute of limitations for collecting or not.

I would suggest calling the court clerk and then call a lawyer. If you can't afford one call Legal Aid. Or look through the naca site for a lawyer that specializes in FDCPA in your area www.naca.net

You might go to the site I've listed and look in the forums for the statute of limitations in your state.

Answer 2

Step1: Check the yellow pages for lawyers that offer 1st session of interaction free.
Step 2: Call and set up a time to see a few such lawyers after ascertaining that they handle collection related defense cases.
Step 3: Check for bankruptcy lawyers, talk and discuss your options.
Step 4: Call the credit card company / collection agency and ask them for time to pay off.
Step 5: Your credit score is the only thing that gets shot, a credit card is an un-guaranteed i.e. without collateral loan. Talk to an attorney even if you don't have any money right now. Find a friend who can refer you to a friendly lawyer and set up an arrangement for a low cost defense or just advice.

Answer 3

This sounds like they are trying to put the screws to you...Don't pay a dime until you talk to an attorney... A lot of collection agencies do unscrupulous things to unsuspecting consumers. You're scared? That's what he is trying to do and you can make a complaint with the Better Business Bureau. What these collection agencies try to do is get you to admit to owing the money, scare you to death, and just as soon as you make a payment, the 7 year statute starts over for them to make your life miserable. Consult with a Bankruptcy attorney...I'm not saying that you should file, but a good attorney can give you some legal advice and other options for bringing this to a close. Protect yourself, cause the creditors won't. Good Luck

Answer 4

there's a statute of obstacles on how lots time elapses earlier you could desire to report a lawsuit. in spite of everything, you at the instant are not likely to have $2,000 in court docket expenses for a $a million,800 debt. in case you upload in interest and court docket expenses it would desire to get that top. with the intention to do something those human beings will might desire to get a judgment. while they get a judgment you could report a petition with the court docket to make month-to-month or weekly funds. the total judgment might desire to be paid out over some 3 3 hundred and sixty 5 days era. in the event that they're powerful in getting a judgment and you do no longer something then they might garnishee your financial business enterprise account and report a lien on any property you very own. you would be allowed specific exemptions which they can't touch. you will possibly desire to offer to settle the debt for a fragment of what's owed offering you could arise with the money. you won't be able to be arrested. regardless of in the event that they get a judgment they could no longer have the potential to collect. they might want to appreciate the place you artwork. you could communicate with an lawyer to be certain what your rights are on your state. they might variety from one state to a diverse.

Answer 5

First verify with courts.

If the paper work is fake sue them it's not legal. They have to deal with you in your state.

Read the Fair Debt Collection Practices Act

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

The time line is way to fast to be legal. They must allow you time to respond. Make them jump through every hoop. They must verify the debt upon your request. Use the postal service cuz it slow.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. What ever happens in writing say you don't owe it and make them prove it. Like i said make them jump through every hoop.

For example, debt collectors may not:

use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:

you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:

give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

collect any amount greater than your debt, unless your state law permits such a charge; deposit a post-dated check prematurely; use deception to make you accept collect calls or pay for telegrams; take or threaten to take your property unless this can be done legally; or contact you by postcard.

Answer 6

tell them to Buzz off only scare tactics , (get this) once one called me and stated that they would turn it over to IRS and get an arrest warrant that IRS was on a 3 way call with them, after the call i called IRS and reported them, within 4 hrs the real IRS raided the collection agency sweet revenge, they will use every means to scare you tell them to set a monthly pay schedule say 10 dollars no such thing 10 days court date 90 day more like it . mine bill was for 17.00 USD

Answer 7

Sounds like BS to me. Verify it with the court.