two years ago a collection agency froze my bank account right at christmas time for a dept that had already been paid off. do i have any legal grounds to go after them, if so what are the statutes of limitations on actains against collection agencies. what would you ask for settelment wise. why are collection agencies so sleezy
2007-02-08 15:34:59 · 4 answers · asked by Anonymous in Business & Finance ➔ Credit
the debt had already been paid infact after i contacted the collection agency and showed proof of payment they were calling me telling me how sorry they were
2007-02-08 15:48:23 · update #1
I know that for debts that are to be paid the statues of limitations is 4 years and I am guessing it would be the same vice versa.
2007-02-08 15:43:42 · answer #1 · answered by chaddysboo 2 · 0⤊ 0⤋
It depends on what state you live in. Statutes of limitations vary from state to state.
If you really did owe the debt then there may not be much you can do at this point. You did owe the debt and a collection agency is permitted to attempt collection of the debt using any legal means available to them.
Yes, it sucks that they froze your bank account at Christmas time but legally, they have a right to. Their only concern is getting the money owed, not the coming holidays and how it will affect you. They don't care, they only want their money.
2007-02-08 23:44:02 · answer #2 · answered by ? 2 · 0⤊ 0⤋
For a collection agency to legally freeze your account, they would have to have filed a claim against you in a court and gotten a judgment against you. If you failed to show up for the court date, you would lose by default, and most states do not allow you to file an appeal if you fail to show (besides, appeals usually have to be filed within 30 or 60 days). The court would not have allowed the case to be tried if the plaintiff could not show that you were served notice.
If they did not go through this procedure, then they illegally froze your account. Statutes of limitations vary by "crime", you would need to check with an attorney for the law that applies to your case. If they did in fact illegally freeze your account, an aggressive attorney would go after big bucks in damages, both actual and punitive, for their breach of the law, since most people already consider collection agencies pretty sleazy.
2007-02-08 23:49:09 · answer #3 · answered by Brian G 6 · 1⤊ 0⤋
A lawyer can tell you if he will represent you on this case. He can tell you this without charging you a fee.
2007-02-09 05:06:51 · answer #4 · answered by DaMan 5 · 0⤊ 0⤋