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Tracy · Posted: Fri Sep 16, 2005 1:44 pm Subject:

Jerjam, is this ELIN person a debt collector or the original creditor? Reason I am aksing is if he is only a debt collector, they have no legal right to file suit against you. Most states finance code and fair debt collection practices act only allow the original creditor the right to take you to court and sue you for what you owe and only the original creditor or their attorney can advise you that they will file a suit if they actually intend to do so or have already done so.

I filed a suit against EC also and I am waiting for word from my attorney if EC has responsded.

Tracy · Posted: Fri Sep 16, 2005 2:17 pm Subject:

Most creditors wont file a suit if you are working with them and paying on your debt. I think a suit is the last resort. I read somewhere else in these forums about someone being taken to court for a credit card debt and the judge reduced what what was owed to about 25% of the original debt. If that was the case, then I bet not too many creditors actually take you to court if they would recover more money through collections.

Posted: Fri Sep 16, 2005 2:23 pm Subject:

We need to make sure everyone who is coming to this site reads those official court papers he was served so they know that there have been several complaints made.

Also speaking with Summer and filing a complaint on the bbb.org site will show that Ted Ellis Crosby & Associates should be not working in the bill collecting field. NEVER...have I ever heard of a company not accepting $100/week for 3 weeks or whatever.

Also...one way to record the call for 45 seconds is to put him on hold right away, and call yourself...if you have voice mail....and record it on a message. But be careful to cut the conversation short...cause it wind you in trouble if the 45 seconds are up.