Collection Agencies that do Sue

great post, Karen! Thanks! :D

Also, it depends on what state you in.Like a NON-Garishment state and there are counties that will do debts unless the debt is for $10000 or more.Bud-sc

Karen,
You can add BLHM to your list, they sued me through the local magistrate.

Thanks Karen for the post. Consumers are frequently the victims of unseemly debt collection efforts, such as embarrassing communications to family, friends, neighbors and employers; using threats of violence or obscene or abusive language; late-night phone calls and other assorted activities. I think it is possible because majority of us are not aware of our rights. It is our ignorance that has become bliss for such collectors. Thereby, it is very important for us to be aware of our rights.

Nelly

You're right, Bud. I also had an attorney tell me that sometimes it depends on the amount as to whether these bottom feeders will sue or not. If they can collect in small claims court, or if the amount is large enough to make it worth them trying to sue. I just wanted others to be aware that if they threaten to sue, to know your rights as a consumer. Alot of times they don't have the authority, have the debt, etc. Alomost two years ago, one of them told me they were going to sue, and I kept backing them up with the Fair Debt Act, along with other things I had made note of. Now I am "known" to them as being debt educated(their words) :lol: ..KAren

Bossy4455...you are right about those CA's. I've been sued by LVNV and Cach and know others who have been sued. I don't think there is any rule of thumb. Generally, what I have seen is the larger the debt, the better chance of being sued. In past years, I had a couple debts that were maybe a couple thousand dollars and never got sued. Harrassed yes. Sued no. The ones I was sued on were both over $5000. I'm not saying that's a "cutoff", only my personal experience. In reality, anyone can sue for almost any amount in small claims. I've seen people get sued for $300. I think CA's or anyone look at the whole picture. The amount of the debt, the cost of pursuing it, the likelihood of collecting anything, etc...A judgment doesn't necessarily guarantee anything to them. I've also known people with judgments who never paid a dime. I believe this new mood to go for judicial judgments is a bi-product of the new bankruptcy laws. CA's know that a lot of people "think" they can't file anymore and that's absolutely not true. As long as you qualify, you can file very easily. A lot do file to get rid of the judgment. These things should not be "rationale" to pay what you owe. You should if you can and know your rights. But if you absolutely can't pay and things are getting worse and worse, sometimes it is better to end it all with a BK and start fresh. Everyone's circumstances are different.

Eddie, your right I filed chapter 7 4years ago and it was the best thing I have ever done!!!One CC was only 2500 limit when I stop paying on it in 4 years it went to $25,000 but I filed CH7 on them and alot of other things.

I've considered chapter 7. I've heard others say that they were actually relieved to not have to be harrassed by collectors. Bud, what are the longterm consequences of chapter 7? I know at some point you can restart your credit to be more positive, but I'm not sure of the ins and outs of it. That's really what has been kind of holding me back.

You can actually start rebuilding your credit right after your bankruptcy eleroo. It will take a couple years or so but you will be surprised at how fast time goes. If you do file bankruptcy, just make sure you do not get into trouble again after filing. Do not overextend yourself and start out slow with your new credit cards. Don't rush it and take it slow.

Usually, once a bankruptcy has been adjudicated for one year, you can do just about anything to begin rebuilding your credit. Granted, you will not get attractive interest rates, but you can begin to rebuild and only time will heal. Basically, you have to prove yourself all over again. Even many mortgage companies will grant a mortgage as long as the bankruptcy is at least a year old. Again, don't expect a low interest rate. You'll have to pay on it for a couple of years at least, on time/everytime, and they may allow you to refinance to a lower rate. Cars are seldom an issue. You don't need good credit to buy a car these days unless it's a brand new car. They will finance just about anyone because they have the car. Don't pay and you lose it. Simple. After a bankruptcy, stay far away from credit cards. Oh, you will get offers galore because they know you can't file bankruptcy again for 6 or 7 years so they got you. Get maybe ONE card and pay it religiously on time, no matter the interest rate. Eventually you will get better offers. For those in the position where they have no choice, a bankruptcy may be the only answer. It is either that or be stuck with judgments that can haunt you for 10 or 20 years when a bankruptcy is off your credit profile after about 7-10 years and the older the bankruptcy, the less it counts against you once you demonstrate that you are creditworthy again and keep yourself out of trouble. No, bankruptcy is not for everyone and it is not a "get out of jail free" card. If you think it is the only option you have left, consult with a good bankruptcy attorney who is an expert at determining if you qualify or if you should even choose to go that way. Most good bankruptcy attorneys provide a free consultation. Also know that rates have gone up, thanks to the mounting paperwork produced by the new bankrupcty laws that require your attorney to do a lot more work. Chapter 7 can now be anywhere from $1000-$1700. Chapter 13 is higher. You now also have to "qualify" based on your State median income and other things. I'm not an attorney but I believe if you own a home, you have to file Chapter 13 to keep your home otherwise a Chapter 7 judge will force you to sell it to pay creditors. A lot of people in foreclosure file Chapter 13 because it stops foreclosure and they can save their home. But you still have to keep paying the mortgage. Hope all this helps.

Can you file a small claims against someone after bk?

The Laws, about BK, I'm not sure of. But....I will give alittle of my '2 cents', from a situation that I know of. I know a couple who lended ALOT of money (I know it was in the $1000's!!) to another couple. Even had a contract/promissary note written up ( when payments would be, etc.). Anyway....the couple who received the money filed BK on ALL of their debts..had them ALL 'discharged'. The couple (that loaned money) try to sue for their money, but, was unsuccessful.......because the money they loaned was 'discharged' in the BK. I'm sure someone, from the Forum, will be along shortly, to answer your question on BK laws.

I'm pretty sure if the debt has been discharged through BK, then you can not sue them. Now, if it wasn't listed in the BK, then that's probably another story.