My friend is being sued by a collection agency. The only way he knew this was because they froze his bank account. I thought that collection agencies had to contact you to inform you they were trying to collect on a debt from you first before they just sue you and freeze your account. If he never received anything from them via mail or phone, do they have the right to sue him and freeze his account?
2007-10-22 09:31:34 · 4 answers · asked by amerasmommy 1 in Business & Finance ➔ Credit
Actually, a collection agency can sue without notifying you they are trying to collect. But it's not likely they would since it's cheaper and easier for them to get you to pay without going to court.
If they froze the bank account, they already have a judgment. The bank should be able to provide a copy of the court order. Go to that court and get a copy of the judgment.
If he didn't receive the court summons, he might get the judgment set aside. But if it's a legit debt, he will lose in court anyway.
2007-10-22 09:42:39 · answer #1 · answered by bdancer222 7 · 2⤊ 0⤋
Well first your friend is not being sued by a collection agency. They were sued, and the agency got a default judgement against them. They will not file a suit right away, generally they go through at least a couple of different agencies, and take several months of attempts before they file suit. It may be a case where they have all the wrong contact information, or it may be a case where your friend is not telling you the entire story.
He needs to contact the clerk of the court and get a copy of the suit. Included in this would be the proof of service that must be filed with the court. It depends on how they attempted to serve the summons, as to if this will do him any good. If it was not a valid way he would have grounds to have the case re-heard. At which time they could go through the entire defense they would have done. If it is a valid service then there is not many options he would have left.
2007-10-22 16:45:55 · answer #2 · answered by OC1999 7 · 1⤊ 0⤋
Your friend is not being sued by a collection agency, he was sued by a collection agency and they got a judgment against him. I am sure the agency tried numerous times to contact him before going to court because it is much cheaper for them to get voluntary payments than to beat it out of him.
2007-10-22 16:36:39 · answer #3 · answered by Anonymous · 3⤊ 0⤋
The collection agency must send you a notice, the notice will include the creditor them represent. You then have 30 days to send them a written notice asking them to verify the debt. In order for them to sue, they would have to supeana you to court. They have to get a judgment againt's you, then they have to take even more steps to garnish your wages.
2007-10-23 21:40:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋