I got into some financial problems. I started working with a collection agency/law firm that was handling my one credit card accounts. I was honest with them and worked with them freely. I agreed to payments in 6 month increments. So I agreed to large payments for the first 6 months and then had to agree to lower payments for the next 6 months due to loss of work and so on. Anyways, after having begun this process and having these payments withdrawn every month automatically, it appears that they started the process of a Summons and Complaint a few months after I started the repayment process. I have all the documentation showing my payments being withdrawn and the credit card balancing going down. So my question is this, how can they now sue me and serve me with this Summons & Complaint when I HAVE been making the monthly payments through their freaking office? I was told to send all copies of payments to the courts and a letter too and this will be dismissed. What do you think?
2007-01-15 13:38:17 · 7 answers · asked by Kris 3 in Business & Finance ➔ Credit
If you can show that you are making payments to them, no matter how small, and that you have been in contact with them, then you have nothing to worry about.
More than likely, it will be dismissed, and it looks like the Colllection agency is just using this to try to get you to pay the balance in full, for then they get a bigger percentage of the debt.
Send more information to the court than you think is necessary, like a call log of when you called, date, time, who you talked to, and what was said, as well as copies of payments, letters, and everything you have.
Good Luck.
2007-01-15 14:29:24 · answer #1 · answered by Robert S 3 · 1⤊ 0⤋
What are they suing you for?
I have heard of some "Credit Counseling" services that take people's money but don't pass the money along to the creditor. If you were working with one of these agencies, that could be what happened. Have you been talking directly to your credit card?
It seems like it is a waste of money for them to sue you. But...if they do sue you, they can't take more than 25% of your take home pay.
2007-01-15 13:51:33 · answer #2 · answered by Mother of flute player 2 · 0⤊ 0⤋
Sue them under the FDCPA. THey lied to you and it is a violation of the Fair Debt Collection Practice act. They are liars and should be shown for what they are. They can sue you and take a judgment, but they are still lieing sacks of poop and should be taken to task.
Force them to prove you owe it. If you email me with a state I can refer you to a lawyer most likely
2007-01-15 13:44:37 · answer #3 · answered by Cy Gold 4 · 0⤊ 0⤋
I believe Studly one hundred%. i have study of many cases the position series agencies drop their court docket situations even as they understand they are handling an advised shopper because they understand they do no longer have adequate information to validate a debt. Hell, each so often only showing as a lot as court docket is sufficient to get them to drop the in structure. i have heard better than a pair cases of that happening too.
2016-11-24 20:19:31 · answer #4 · answered by ballow 4 · 0⤊ 0⤋
"mother of the flute player" is slightly misinformed. They can take 25% of your GROSS pay.
2007-01-15 14:22:45 · answer #5 · answered by shojo 6 · 0⤊ 0⤋
I think you should contact an attorney and soon!
2007-01-15 13:41:27 · answer #6 · answered by waxingtheturtle2 4 · 0⤊ 0⤋
You should be okay if you have all of the paperwork.....
2007-01-15 13:42:01 · answer #7 · answered by Sunshine 2 · 0⤊ 0⤋