Do collection agencies always sue?
Date: Mon, 03/05/2007 - 10:34
In fact, one site stated collection agencies very rarely sue for credit card debt.
Is this true or false?
That would depend on various factors concerning the debt. Size o
That would depend on various factors concerning the debt. Size of debt,does collector have full legal standing to sue,do they have enough evidence to prove debt,and are you worth sueing.
A lawsuit costs them money upfront and they have to win to force you to pay their costs.A lot of collectors use the threat of sueing,but it is up to you how you would handle that threat. Just remember if they threaten to sue and don't sue,they owe you money for violating federal law.
It would also depend on the who the collection agency is, too.
It would also depend on the who the collection agency is, too. Some are "balance in full, due immediately." Some may be willing to work out a payment plan, and some may be willing to settle a debt. With hundreds, nay, thousands of collection agencies, some are naturally going to be more aggressive than others. A recent poster stated that one collection agency bought all 8 of the credit cards after a bankruptcy filing was dismissed. A lawsuit commenced shortly thereafter. It is likely not a coincidence that one CA bought it all, that seems like a targeted effort.
Legally "collection agencies" do not sue. They are not attorney
Legally "collection agencies" do not sue. They are not attorneys and have no legal capacity to file suit. They must hire an attorney. In the majority of cases, it is not in their best interest to sue as they will not make anything or it is not worth the attorneys time.
Collectors are more willing to file a lawsuit with their attorne
Collectors are more willing to file a lawsuit with their attorneys when they have purchased a consumer account and want to recover it along with court costs and attorney fees.
When they are only hired by the creditors, they send the file to the creditor in case they are unable to recover the money from the debtor. But this gives a bad impression about their business when they fail to collect the debts. To avoid this from happening, they use aggressive collections and often tend to violate the fdcpa laws. Know your rights when dealing with the collectors. If the CA is hired for collections, you have the choice to work out payment arrangements with the creditors and keep the collectors within their best of the behavior. Be aware of the federal laws and take legal actions against anyone violating the laws during collections.
I think it depends on the credit card company, the balance owed,
I think it depends on the credit card company, the balance owed, and who they turn the debt over to. Some are sue happy and some are willing to work with you. I have been threatened by a CA on more than one occasion that I was going to be sued. They have never replied back to my debt validation requests. If you can, try to work with the original creditor.
I have a guy from Accredited Collection Agency, Inc. and attorne
I have a guy from Accredited Collection Agency, Inc. and attorney Norman G. Kalina. This guy say I owe them $545.00 and if I dont pay them immediately then I will have to go to court and I could go to jail for fraud. Also he will only accept a money wire, no money order or anything. THey are located in New Jersey so he says does anyone know these people and who they work for. He wont tell me the company that I supposively originally borrowed from. HELP?
Quote:I have a guy from Accredited Collection Agency, Inc. and a
Quote:
I have a guy from Accredited Collection Agency, Inc. and attorney Norman G. Kalina. This guy say I owe them $545.00 and if I dont pay them immediately then I will have to go to court and I could go to jail for fraud. Also he will only accept a money wire, no money order or anything. THey are located in New Jersey so he says does anyone know these people and who they work for. He wont tell me the company that I supposively originally borrowed from. HELP? |
I hope you got this all on tape! Major FDCPA violations!