There is this collection agency that has been contacting my house regarding a debt i am disputing with ballys. The collector told my mother i was served to appear in court and missed the court date. She was harrassing her saying that maybe i will pay if i was sent to jail. I never received any documents or visited by anyone how do i know if this is true? I asked the collector for information who when and how was i served. She said she didnt want to waste her time she said we both knew i was served. Is there anyway to verify if i indeed have been served? I need help thanks in advance
2006-09-04 23:18:05 · 6 answers · asked by djboricualx19 1 in Politics & Government ➔ Law & Ethics
To be served a court order you would have had to sign a receipt.
Tell them to produce this receipt or you will take them to court for harrasment.
2006-09-04 23:20:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you had been served, you would know it- a person comes to your door, hands you a piece of paper and tells you that you have been served- you MUST sign confirmation of receiving the summons. If you or your mother did not sign this piece of paper, then you have not been served, and therefore, did not know about the court date.
If you are disputing the charge, then I would call a lawyer for a free consultation- but I don't see Bally having any grounds to do anything until you are properly served. And I have never heard of anyone going to jail (that is a false threat and harassment)- they will take you to small claims court (similar to Judge Judy). But, if these people keep calling your house and harassing you or your mother I would tell them the next time they called I would go to the police department and file harrassment charges and make good on it- what they are doing is uncalled for and if you did not receive a summons, fraud.
2006-09-05 06:30:04 · answer #2 · answered by < Roger That > 5 · 1⤊ 0⤋
The collector is probably just using scare tactics to get you to pay. If you had been served, I am pretty sure you would have had to sign something so the court also had proof that you were served. When it comes to collectors, they will try anything to get you to pay. And they can not send you to jail. They could only get a judgement against you to garnish your wages or put a lien on any property you may own.
2006-09-08 22:52:04 · answer #3 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
You will have to sign a receipt when you receive notification. It is easy to check if such a letter may have been sent. Call the courthouse and find out if a bench warrant has been issued against you. Failure to appear in court will result in a bench warrant.
Once you verify the letter is bogus file a harassment complained against the company. This is most likely in collection agency hands by now. You can also call this collection agency, ask for a supervisor, speak to them. Let them know with what methods their call center people operate and make it quite clear you will not tolerate this.
It is against the law for them to threaten you with fake court date appearances and the likes.
2006-09-05 06:35:36 · answer #4 · answered by retrodesignerdeals 2 · 0⤊ 0⤋
my hubby has owed ballys since 1997 and they have threatened him and still havent gotten a penny from him....i wouldnt worry about it at all
by the way, you cant go to jail for unpaid debt so tell them next time they call that they need to go screw themselves
oh and tell them next time you call and they are uncooperative with giving you the details, that you are going to take them to court....you are entitled to that information
2006-09-05 06:26:47 · answer #5 · answered by mono 4 · 1⤊ 0⤋
Bin it ! tell them to F off..
2006-09-05 06:22:11 · answer #6 · answered by ? 4 · 0⤊ 1⤋