we have been getting harrassing calls from a credit agency, we have offered payments and they refuse, the say they want a lump sum of $3000 or they will take us to court. this is not the actual credit card company it is a collection agency. i know by law we do not have to pay the collection agency, but is that technically refusing a payment? and can they still take us to court? the credit card company says they have no record of us at all.
2007-04-14 12:28:35 · 4 answers · asked by princess 2 in Politics & Government ➔ Law & Ethics
They have to take any payment that you offer, of course they will demand it all, but you don't have it so just pay them what you can. Try to talk to the xard company and get it pulled back. The one thing is that the amount you owe will remain on your credit report until the amount owed is paid. Even if they take you to court, the Judge will set payment aerangements, but really, what they do is garnish your wages of a certain percentage. That is all they can do. Work with them, set arrangements and keep up with them, that is the best thing you can do. I am confused, you say the credit card company has no record of you? Do you know this credit card who they say they represent? if not, then call the FBI someone is scaming you.
2007-04-14 12:37:31 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Yes, a creditor can take you to civil court to collect if you owe them money.
And yes, a collection company can either take you to court on behalf of the original creditor, or on their own if the original creditor assigned the collection rights to them.
However, you are wrong about not needing to pay the collection agency. If you have a legal debt to a company, and they assign that debt to a collection agency, then the agency is now the holder of that debt, and has the legal right and authority to collect.
That being said, if the credit card company has no record of you, then you can use that in your defense if the agency comes after you. The agency can only collect if there is a valid debt in the first place -- and you not owing any money is a good defense.
2007-04-14 21:19:50 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
First, organize your thoughts. Who are you taking to, the collection agency or the credit card company? Has the collection agency told you to which credit card company you owe money to? And this credit card company says they have no record of you? If that's true, then who cares if they sue you; they can't prove anything. Also . . .
Who told you by law you don't have to pay the collection agency? The agency will not take you to court. Instead, they will forward the case to an attorney who will take you to court.
Now, just because they can take you to court doens' tmean they will. If you don't have any major non exempt assets, then they probalby wont waste time suing you since they can't collect that money.
2007-04-15 03:10:29 · answer #3 · answered by musicdotcm 3 · 0⤊ 1⤋
Just start sending them a small affordable monthly payment & there's really not much they can do
2007-04-14 19:34:51 · answer #4 · answered by Anonymous · 0⤊ 2⤋