Can a collection company send the sherrif top my house to serve papers?

Question

I owe like $1400.00 on an old credit card. I tried to make payment arrangements in February with my tax return, but they had to wait 10 days until I got it and they refused. I am not working right now because I work at a school and we are off until September. I tried telling the debt collector that I have $0 dollars, I had to move into a relatives house because I am broke. So he is like put your relatives on the phone, get your checkbook right now, because if you don't then we will send the sheriff to your house on Friday at noon to serve papers. Can they do this? I don't want the kids and neighbors to see this. I got really angry and told him I don't have any money, so the payment isn't happening right now. He hung up. So I called the credit card company and asked if they could do that and she said no. So I called back to tell the debt collector that he could not do that and that I told my creditor that I would pay as soon as I could, well it was a different guy and he is like no one

threatened you because you have to have it recorded. He was totally ignorant to me, I don't know how these people sleep at night. I know they try to scare you, but what can really happen? He refused to answer any of my questions. Then he said we can't settle this for less now, you have to pay the full amount right now, then he hung up. So I called like 3 times and talekd to a different person and she said she was going to say I refused to pay even though I said I would as soon as I could, so she is recommending that my credito take legal action. What can really happen to me?

how does this affect my credit report?

Answer 1

The only "papers" they will serve is a statement of claim pursuant to a small claims action.

Usually the process server is discreet and the whole process takes about a minute.

If you decide not to defend, you don't even have to go to court. The court will issue a default judgement. Now instead of having an outstanding collection on your credit history, you will have a judgement. Nothing changes ... you still don't have the money and they still won't collect.

There's really nothing to worry about. When the sheriff shows up to serve you, its not like he arrives with lights flashing and guns drawn. It's just some poor schmuck with probably 10 more services to make and he wants to get this over with as quickly as you do.

Good luck and please don't go losing any sleep over this. Its really no big deal.

Answer 2

Yes, you can be served such papers, as a summons to appear in court for a judgment claim. Depending on where you live, it may not be a sheriff or sheriff's deputy. Most such firms use 'process servers' to deliver such papers to you.

What they are telling you is that, if you do not pay right now, they will pursue a judgment in a court (probably small claims) to obtain a judgment against you. Even though you have no money to pay NOW, the judgment will remain in effect for quite some time, until you DO have money. The judgment can then be used at that time to obtain a writ of garnishment on your wages at your place of employment.

Naturally, collectors use harsh language when informing you of such a process, in hopes of scaring the bejeezus out of you and scaring you into finding a way to pay NOW, even if it means selling Grandma's gold teeth to come up with cash.
These guys work on pure commission and every dollar they get out of you is money in their pockets.

Of course, if you can't pay and have no job, at the moment their judgment will be nothing more than a filed lien against you. But it will come back to haunt you later, once you are in the working world and making an income. The additional sad part is they will add the costs incurred in serving these papers and obtaining the judgment to what you already owe, making your debt somewhat larger.

If you have fears that the sheriff will handcuff you and haul you to jail, relax. That is NOT going to happen. The most the sheriff can and will do is walk to your door, hand you the pile of papers and ask you to sign for them.

Answer 3

Ok, if the collection agency has a law firm that does the legal work for them then they can have them file suit. The named plaintiff will more than likely be the original creditor and the defendant will be yourself. Now what you need to do is once you get served file answer immediately doing one of three things: 1) Denying that you owe anything 2) Admit that you=u owe the money and would like to make payments 3) Admit that you owe the money and explain that you have tried to negotiate but they were not cooperative and that you would like to request a hearing.
The judge will more than likely grant your request. Whatever you do make sure you file an answer because you do not want them to take a default judgment against you.

Answer 4

Collection agents have to close Threat account it would cost more Then what the paid for it to do this. now how much of that is interest that the collection company has placed on the account. is the accounts your credit report? they can huff and puff all the want but in till the take you into a court of law then let them huff.... I see this every day in my line of work. They use any means to collect th debt. if you want to pay the debt go to the original company and try to work out a settlement with them. bypassing the collection company. any more question email me and we can talk...

Answer 5

first of all, particular absolutely everyone has the acceptable to sell a debt. greater importantly, you like totake steps to insure it is not contemplated on your credit checklist. initiate by making use of telling the sequence company in writing, registered letter, that they might in ordinary terms touch you in writing. tell them failure to abide by making use of yourright to call for in ordinary terms written communique will bring about a grievance to the AG place of work. next, request all place of work work on the debt from them. blanketed would desire to be the unique settlement she signed. there is a few thing incorrect right here regardless of the undeniable fact that. there isn't any genuine way for a $50 debt to balloon to $1100 in 3 years. i think they are billing you for the entire length of the settlement. in case you may not show that your spouse cancelled the settlement, then legally you're to blame. the subsequent section might contain telling Bally's that in the event that they persist in attempting to hold mutually this debt, you will report a suited grievance with the two the Atty regular, and the BBB. would get them to stroll away.

Answer 6

Of course this can happen. You took 1400 and owe it to someone, they are legally allowed to sue you and you have to be served the papers in order to be sued.

This was not a "threat" just a statement of their procedure. It is cheaper to hire a server, but some neighborhoods it is better to have the sherrif do it.

Answer 7

it is ok my friend they can but are not likely to over 1400.00 it is concidered an unsecured debt just hold out start making pmy when you can legally they have to accept any pmt. you offer and apply it to your account however they do not have to settle but if you can afford to offer colse to the amt. you owe they often will.

Answer 8

if you dont have a job or a pot to pi ss in then tell them they can have everything you own i did that they came to where i was staying and i handed them a tin of beans funniest day of my life pity i didnt have a camera but they probable take it off me hadehadeha