Help! I'm getting sued by a collection agency?

Question

My mom signed the papers delivered to my house I was served with while I was on vacation. I have a court date in march 07... This is a very old collection and the interest on it is INSANE. I am a single mother with NO ASSETS, going to school full time with help from social services and educational grants. I want to fight it but I can't afford a lawyer... I would rather pay the principal only in a payment plan. I'm really lost in what to do, please help.

I am aware that I was not served legally since I didn't sign the papers delivered to my home. How does this work for me? I checked the county court house website and I do indeed have a court date. However, it says on the papers that within 30 days, I must sign a written statement and a copy must be couriered to the plantiff. How do I do that?!

I have called the collection agency and they want me to pay the full amount. I asked for statements (proof) and they would not furnish it to me because it would mean that I am disputing the amount (according to them), therefore I have to take them to court.

Answer 1

FYI the collection agency is not saying it’s actually the lawyer that most likely owns the collection agency. You don't have to attend that court date, but I suggest you do. You don't need a lawyer because this court date is to show that you can pay for your debt. If you show up, you can make your case that you’re a single mother that you can't afford to make the payments that they are mandating and that you wish to workout a payment arrangement that won’t hinder you and your babies’ lifestyle.

Also call the court and make sure this is the REAL DEAL collection agencies are known for using scare tactics to get people to pay. The court will listen to you without a lawyer. Take all your bills and your child expenses (take your kid to court 2) that wont hurt.

If you don't show up to court you can get your wages garnished and that could be 10-20% if your pay. You won't even get to see it; they will deduct it before you get your check.

If you call the collection agency they will say that you either pay a ridiculous amount or the whole thing. Still try you never know.

Good Luck

P.S. THAT "Lilly" person obviously has never seen herself in a situation where you can't pay for something because something more important has come up i.e. formula diapers electricity. Whatever. Be real people get into these types of problems. You don’t have to be condescending to this poor girl. This yahoo answers not yahoo I think i'm better than you.

Answer 2

Try talking with them NOW, before you have court cost on top of the interest if they won't then just go to the hearing and explain the situation they will come up with a payment plan for you to repay and establish your good credit. We all would like to pay Only the principal but if it's that old then you should have been trying to make some kind of payments before this. Single or not, full-time or part-time student You made the bill now you have to pay it. Sorry. But as long as any place you owe money too sees that your trying to make some kind of payment arrangements, they will help you out.

Answer 3

Question? Are you under 18? What are the Statute of Limitations on collections of your State? These are things you can look into. Also, is the "papers" from a court of law or just certified mail? Collection agencies try all kind of tactics to "scare" individuals at times. check out the things I mentioned. Good Luck

Answer 4

The first thing you must do is get ahold of the agency suing you. Explain what you just wrote and they should help you with a plan to pay off the amount. By the sounds of it, it looks like they have tried numerous times to contact you so this is what they do. Just as long as they know they will get their money then they wont hassle you. CALL them asap and work something out with them NOW.

**Not true on the statute of limitations for persuing old debts. I just got one on an old credit card that my ex and I shared and that was in 94'...do the math.

Answer 5

First thing you want to do is get the interest to stop acruing. Not sure about USA, but in Canada you can talk to a trustee in bankruptcy who can draft a proposal to your creditors for a payment plan... all interest STOPS from that date (then you can deal with back interest) and the creditors cannot contact you if you tell them to call your trustee with any communications. The creditors vote yes or no to your proposal. If your creditors vote no, then you are automatically bankrupt and the creditors get nothing (debt written off, not good for them to vote no). If the creditors vote yes, you keep up your end and pay it off. If you fail to keep your end, your trustee can put you into bankruptcy.

Talk to someone... credit councellor, trustee in bankruptcy...

Answer 6

You should be able to contact the plaintiff and work on a monthly payment plan w/o going to court. That's what I did. Make sure you contact them BEFORE THE COURT DATE!!! They'll issue a warrant if you don't.

Answer 7

How about paying your bills? Work out a payment plan with the collection agency and stick to it. You willingly took the goods or services that you have now decided not to pay for. If you could not afford them then you should not have taken them.

Answer 8

make arrangements for a payment plan , and then stick to it.otherwise they'll likely get the whole thing awarded to them in court.

Answer 9

Usually there is a 5 year statute of limitations on pursuing old debts.

Also, you were not legally served.

Answer 10

Have you called the collection agency?
Why is your mom doing this to you?