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My husband is being sued by a collection agency. He is current with his payments to the business that has filed the claim. Where would I get reference information on wrongfully being sued. Several attempts have been made to resolve this matter on my end. The business and collection agency will not return my calls, what are my options?

2007-02-01 11:40:59 · 7 answers · asked by Tina S 1 in Business & Finance Credit

I personally called both the business and the collection agency. In both instances the office manager was to get back to me. Still no phone call. He did receive a legal summons to court.

2007-02-02 02:03:36 · update #1

The date on the summons to court was in October 2006. He did not receiveit until mid December. I handle all the bills and all appointments etc... I have more tact then he does that is why I handle these matters.

2007-02-02 02:05:39 · update #2

7 answers

Send a certified letter to the collection agency specifically stating that you are disputing the validity of the debt. Be sure to send any proof you have with it (cancelled checks, etc...)

2007-02-01 11:45:12 · answer #1 · answered by cetak 2 · 2 1

The heck with the collection agency. They are only people who get paid if they can collect and they can not sue you as only the primary business can. Most any documentation that says "sue" is an empty threat. If they are saying we will sue you say go ahead.

So this depends on what the business is. If your husband has documentation as to the original amount and proof of payment he has options. Contact the company and send them a certified letter detailing the problem... it will help in court.

But think about this. No collection company or business does not return calls when you are trying to give them money or if they think you owe. They want your money. Something sounds hincky here and there has to be more to the story. Keep your eyes open here. Collection agency calls..... whats the number? Why is it this bad? Why can't the business be contacted?

I don't know all of the details but at first glance he should be able to take care of this (why you?) and if not why? I would think... no offence...... he's not being totally honest here.

2007-02-01 12:01:06 · answer #2 · answered by jackson 7 · 0 1

did you get properly served court papers? If you did check with your local court if a case is really happening. Collectors are netorious for making treats even sending out fake court summons.
If you really did get a court summons, go and file a motion of discovery this will make them prove all documentation. i bet they do not and if they'cooked the books they will be in big trouble. GO to court show the judge the payments that have been made. and after you proven that that case would be thrown out. I would look at suing them for a unjustifable case.

2007-02-01 16:40:49 · answer #3 · answered by Anonymous · 0 1

You need to write down your attempts and keep a narrative of each step you take. Your next step is to send registered letters to those who will not contact you, telling them of your attempts to contact them and of your being wrongfully sued.

2007-02-01 11:50:24 · answer #4 · answered by Anonymous · 1 1

often if somebody takes you to court docket for some reason and loses, they are required to pay your criminal expenses. in the event that they do no longer pay your expenses, you may desire to record a civil declare against them. somewhat, your attorney might desire to have the potential to respond to this right for you. H'ed easily choose for to gets a commission.

2016-12-16 18:59:50 · answer #5 · answered by howsare 4 · 0 0

Call the Attorney General for your state.

2007-02-01 14:52:32 · answer #6 · answered by DaMan 5 · 0 1

You may need to consult an attorney, esp. if you have to go to court, which you will.

2007-02-01 11:48:46 · answer #7 · answered by First Lady 7 · 0 1

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