Back in 2003-2004 I had a family plan though cingular wireless-pac bell. The other family members racked up a ton of text messaging and long distance calls which got me in this huge debt. Cingular closed the account in summer of 2004, because I couldnt afford to pay it. I started getting collection notices in Dec 2004,Feb 2005, June 2005. This isnt even on my credit report either. Now two years later in 2007 I started getting collection letters demanding 7K from some law office. The most recent letter from this law office states that this law firm will "advise his client to commence a lawsuit which may result in a judgement against you."
My question is can this lawfirm/collection agency submit a lawsuit against me? I understand the UCC SOL laws.
I also just recently looked at my credit report and I see this Collection agency/lawfirm under my account information as Date opened 11/2006 and is only being reported to one credit bureau (TransUnion).
2007-03-15 15:27:34 · 6 answers · asked by dones2383 2 in Business & Finance ➔ Credit
I dont work, and only have a car in my name but it is also under my boyfriends name.
2007-03-15 16:46:10 · update #1
Most likely, the collection agency bought a bunch of uncollectible old debt from Cingular and yes, they can file a lawsuit against you. They are now working on behalf of Cingular.
My guess is you live in a state with a 3 year statute of limitations so they'll probably file the lawsuit before it runs out this summer.
Your best bet is to see if you can work out some sort of payment plan with them and get it paid off. They will most likely settle with you for some amount less than the $7000. The additional money is the accrued interest over the last 2.5 years plus collection costs, which they can tack on.
See if you can settle with them for the original amount owed and get it paid. You don't want a judgment on your credit report.
Additional info - If you don't work, I'll assume that you're getting income from some place. You can ignore this, in which case you will have a judgment against you. Once they have a judgment, you are going to have a difficult time getting credit anywhere. It will be on your credit report for years. About your only option is to try to work out something with them to work out some sort of repayment. If they know you are unemployed, they may be willing to settle for small payments.
2007-03-15 15:42:41 · answer #1 · answered by Faye H 6 · 0⤊ 0⤋
Yes they can and they will. Best bet is to contact this lawfirm/collection agency and try to make arrangements to pay it back. Once they get judgment against you they can garnish your paycheck until it is paid and depending on your state they can take up to 30% per payday. Even if you don't work they will still take you to court they will still get a judgment against you and it doesn't matter that your boyfriends name is on the title your name is on the title and they can force a sheriffs sale unless it is not paid off. You are still better off working out a payment arrangement with them. They can force you to court to show your assets including how many tv's you have what kind of furniture you have.
2007-03-15 15:34:02 · answer #2 · answered by romettifamily 2 · 0⤊ 0⤋
That's a lot of money and a great deal in debt with one company. You need to contact the lawyer and figure out some kind of payment plan. They may accept $50 a month. Just talk to them. Even though you say you didn't do it, doesn't matter. It was under your name. You better take care of it because they can get a court order to garnish you wages.
2007-03-15 15:37:55 · answer #3 · answered by Meuy V 2 · 0⤊ 0⤋
It doesnt matter if it is on all the reports, just one, or none. That law firm now owns the rights to that debt and can, and, sounds like, intend to sue you for it. When they sue, the judge will issue a judgement against you, and you need to pay on the law firms terms, and you will owe their court costs. If you do not pay to their satisfaction, they can go back to court for what is called an asset hearing, at which point the judge can authorize them to take any of your things to sell in order to recoup the debt owed, and can even put an order to garnish your wages.
2007-03-15 15:35:16 · answer #4 · answered by Together 4 · 0⤊ 1⤋
Just because you get a letter saying it is from a law firm, doesn't mean it is.
Lawyer letters? are a good method to scare people.
It costs money to sue someone, and they must be personally served with a legal Supoena.
Anyone can sue anyone for anything, it just depends whether it is worth the time and effort. Just because the sue and win, doesn't guarantee them the money, You have to decide how to handle it, If you don';t have money or assets, you can't pay anyway.
2007-03-15 15:37:09 · answer #5 · answered by bob shark 7 · 0⤊ 1⤋
try some finance company
2007-03-15 15:30:27 · answer #6 · answered by gaya.0001 2 · 0⤊ 1⤋