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Posted: Mon Sep 19, 2005 2:52 pm Subject:

kremaley

Did you find this information on a website?

If so, could you just provide the link...just in case there are other people from Texas that could benefit from the information.

Thanks-
Mike

katie · Posted: Mon Sep 19, 2005 2:53 pm Subject: claims

http://www.texasbar.com/Content/ContentGroups/Public_Information1/Lega l_Resources_Consumer_Information/Legal_and_Judicial_System1/HowToSueIn SmallClaims.pdf

Sure there you go. I hope the moderator will let me keep this on here!
Its on PAGE 3 under WHO CAN SUE

dale · Posted: Mon Sep 19, 2005 4:15 pm Subject:

Katie....let me know if they can take you in NJ and if there is a website.

Tracy · Posted: Tue Sep 20, 2005 7:16 am Subject:

Thanks Katie for the website. And yes, I am in Texas and I was thinking that a collection agency could not sue me regardless if they legally owned the debt. I know that is different for every state, some states may allow for it, but Texas does not. The link you provided says that a bank or collection agency can not sue you in a civil court, but that I can and I have. I have a lawsuit pending against EC for what they did to me.

Things are a bit different here though, EC will only be fined up to $100.00 per violation and I may receive a little restitution, but not much. I am not so concerned about the money, I just want them off my back. I dont want to deal with them whatsoever. I have contacted the original creditor to try to work out payment arrangements with them, but they have not responded yet. Just have to wait and see the outcome of my suit I guess.

Kremaley, thanks, I found the website. I am not being sued by Ellis Crosby & Associates, but they intimidated me with a lawsuit and arrest. They told me I was being charged for a serious federal crime in Texas and that an officer was standing by to process me. To make a long story short, I freaked...then I went looking for answers. I found this forum and everyone here has been absolutely awesome. I contacted a private attorney who has filed a case against EC, the suit is pending. I was just curious on whether or not if EC had the right to take me to court.

Posted: Tue Sep 20, 2005 7:35 am Subject:

Tracy:

Only the original creditor can take you to court.

collection agencies are basically just that. A collection agency.

When the creditor sells it to an agency such as ECA, they can attempt to retrieve the money. If a settlement is not made, they may refer it to their legal department, but I don't believe legal action can actually be taken since they are not the creditor. They're just a collector.

-Mike

Tracy · Posted: Tue Sep 20, 2005 7:42 am Subject:

I am not so worried about EC anymore, I just hate to read all the horror stories that keep coming in about them. Everyday there is a new posting. EC is still attempting to collect debts in an abusive and illegal manner. It is obvious they dont care about the lawsuit agasint them. They are not going to stop until someone makes them. I cant wait until EC gets what they deserve in court and hopefully, they will be shut down for good.