Did a CA actually take you to court after threats?

Just so everyone understands if they threaten an action and do not take it,that is a violation of law.

Cajun is right- they do that often, thinking you don't know your rights!

Also, just because they are junk debt buyers doesn't mean they won't take you to court! I have seen some collections agencies here, sue people. The point is, you need to know your rights and make sure this debt is valid,etc.

I would not ignore these agencies, but see if this is your debt and if they are supposed to be collecting on it-then go from there. Karen

Okay-- so I'm asking again-can someone here give experience of what has happened when actually taken to court and faced actual prosecution? Is there really no one here that this has happened to and if so--how old was debt?

HankySpaky42

Very good question. I'm actually curious to know myself. We all know, or at least should, what CA's threaten to do but don't. I wonder how many actually make good on the threats.

Wasn't someone on here threatened with "downloading?" What the heck is that?

I'm still sitting here waiting for the Police to come pick me up; been months now. I even washed the mud pack off my face, took the curlers out of my hair, and changed into a clean Mu-Mu. Still no police. LOL! :D

BTW, that last was more a visual thing, my head is shaved. Hence no curlers.

Unifund is one of those junk debt buyer's who will and do sue you.

but what is their success rate?!! I think if it's junk debt anyone who hires a lawyer could actually recover court costs and then some-- and this is only from what I have read in different articles that I could find--not speaking from experience or anyone I know who has actually been prosecuted by a collection agency--BestoftheBest--are you representing Unifund or did you get sued? If you actually did-- can you tell us about your experience? I'm sure many are still curious ! thanks for your anticipated response :D
Also Ron!-- your response was a hoot and 1/2!--but did you shave your head cuz you wanted to hide out if they came looking for you? Lol! just kidding! :roll:

LOL!

HankySpanky42.

No didn't do it to disguise myself. I've actually been shaving it for over 10 years now; started losing my hair at the tender age of 19. Traumatic.

And you do bring up a good point. I was served papers for a lawsuit by an attorney representing a credit card company, I went to my legal aid office seeking help. The attorney got the case dismissed because they had attached no supporting paperwork to the summons. The only thing they did attach was a "generic" agreement that didn't even have my name on it. They were probably hoping I wouldn't even try to fight it and they would get a default judgment. Of course, it wasn't dismissed with prejudice, so they can always try again. But it was a minor victory.

That's encouraging Unemployed...i'm a little scared as a CA is going after me now and has been. am dealing with it though

Debstinker.

Make sure you have help with this; if you cannot afford an attorney, see if there is a legal Aide office near you that can help. Also, read, read, read, the posts on this forum. There is a lot of good and helpful information to be found here.

Of course, when this particular attorney's office started hounding me, I didn't know about debt validation letters and my rights under the fdcpa. I could have probably been a little more effective at handling the situation from the start if I had.

I was sued buy a junk debt buyer, that's about when I found this site because I was searching the internet for fdcpa laws. Won't post my whole story on this thread, but it is on another thread ( http://www.debtconsolidationcare.com/collection-agencies/about17106.html ) if you want to read it.

Basically they violated FDCPA about 5 times; I disputed, they sued anyway. I ended up settling with them.

While I was in court, I looked on the register and seen the place suing me (Resurgence Financial) files about 50 lawsuits per day == about 12,000 cases per year.

I also looked at the register when i was in court with CACH and they were suing about 20 people in court that day! :shock: So, obviously it does happen! But I was the first one called up so wasn't able to see how the others turned out.... I also settled!
Hope this helps,
Ang

Cruncherdid you sue them for the fdcpa vilations? I heard that is $1000 in your favor plus court costs for each vilation or did you pay a setlement to get them out of your hare for now and chose to forget about the vilations they committed?

No, didn't go after them. I faxed my paperwork to an fdcpa lawyer, but they denied my case. It was more technical violations than the CA really stepping out of line - like the first notice didn't say "This is an attempt to collect a debt" and they sent it more than 5 days after their first contact. Little tiny things that violated FDCPA, but not enough for an attorney to take my case on contingency. My only option was to sue them pro se and I just didn't want to vest that much time in it.

I had originally offered to settle with them before they filed suit, and in the end I settled for less than I originally offered, so I was happy just to get it over with.

detcruncher im curious how old was your debt you settled?and if you settled with a junk debt buyer are you sure it wont show up later on your credit report as being resold to another junk debt buyer? i have seen people who settled with junk debt buyers and still have same debt showing up time and time again many many years later after sol just different name of who owed to and slightly different amount stil owed.. when it becomes junk debt how does it ever go away?and are you sure it is over with? if so can you inform all here why you are sure it is over?

1) I opened the card in 2002, it became delinquent 06/2004. Charged off 01/2005. Sent to Creditor's Interchange for collection 02/2005. Pulled back and sent to Capital Recovery Service 09/2005. Sold to Resurgence Financial 02/2006. First contact from Resurgence 7/3/06. I disputed balance due and requested validation on 7/17/06. Resurgence filed lawsuit 08/24/2006. Didn't serve me a summons until 11/29/06. I threatened to counter-sue them 12/6/06. They accepted my settlement offer in writing, through mail, on 1/11/07. I drove to their office and paid them in person on 1/16/07.

2) Legally, it is 100% over with. There is no grounds for it to ever be resold or resurface on my credit report. If they try to sell off my "settled portion", then I will consider suing them for misrepresenting it to the new buyer, and I will deal with all that mess if/when the time comes.

3) I have a file folder about an inch thick, with every single statement, collection letter, correspondence, etc that ever dealt with this account. I have 1) a letter from Resurgence agreeing to accept my settlement as full satisfaction of the account, 2) a copy of the cashier's check that I tendered to them as full payment, and proof it cleared my bank, 3) a receipt from Resurgence referencing the original debt and showing "PAID IN FULL", 4) I also have a copy of the court order dismissing the case, which is signed by Resurgence and the Judge. The fact that the account is settled and over with is not just in my personal files, but it is also a matter of public record, since the court publicly acknowledged that I paid Resurgence to settle the case.

SO, if another CA does pop up later on trying to say I owe them, I have well-documented evidence that the account was satisfied. Let them report anything to the bureaus, and I guarantee then I will take the time to file a lawsuit for violating fdcpa and FCRA.

I was thinking the same thing dc when this question was asked. Most of us here have learned to keep ALL paperwork forever! So as long as u have ur PIF and payment then u have all the proof u need. I also have the same info from my settlement which i will keep in my safe for the rest of my life!
:D
Ang

Also, i have paperwork to vacate the judgement and cancel all liens which will be filed with the courthouse (closed today) Anyway, doesn't this also prove this debt has been taken care of? And it will be filed as public record in the courthouse...
:?:
Ang

Ang...I went to court in 2003 twice. Two credit card companies turned over my accounts to a CA. However when I got to court their lawyers met with me before we went in. We agreed on a payment plan...went in the courtroom and told the judge. I then went to the Records office and arranged payment through them. I have my own records that it was paid and they are on file at the local courthouse. Cased closed.

Thanks Laura, that's what i thought, especially if it's filed with the courts also! Can always go there to get a copy just in case somethign would happen to my own paperwork, God forbid!
Again, thanks,
Ang

MY HUSBAND WAS TOLD FOR LTD 77074 HE WILL GO TO THE
JAIL IF HE DID NOT PAY A DEBIT NOT IN HIS NAME FROM 1991.

When was this? That is so against the law. Number one the debt is too old too be collected in 99 percent of the cases and threatening arrest is not only a violation of the fdcpa but in a lot of states a criminal offense.

who told your husban that tania..another abusive debt collector trying to bully and scare you and your husband into paying something to them? you need to record any conversations you have with these debt collectors and you dont need their permission because they are recording every call they ever made to you..my ex from debt agency in ohio taught me that info 5 years ago

LTD 77074 AND THE CLIENT portfolio recovery associates TOLD MY HUSBAND HE WILL GO TO THE PRISON IF HE DONT PAY THEM.
THESE PEOPLE ARE SCAM ARTISTS THEY HARASSED A NON DEBTOR HERE AND TELL LIES ABOUT EVERYTHING TO GET MONEY FOR THEM.

I DONT THINK LTD 77074 WORKED ALONE BECAUSE PORTFOLIO RECOVERY WAS A CLIENT OF THIS ABUSE AGAINST MY HUSBAND EITHER.
THESE PEOPLE LIE ABOUT EVERYTHING.
THESE PEOPLE TELL IN THE LETTERS THAT MY HUSBAND'S
CHECKS ARE MINE.
I DIDNT WRITE A CHECK FOR YEARS AND I HAVE NOT A CHECKING ACCOUNT WITH MY HUSBAND.
MY HUSBAND IS NOT ME AND I'M NOT MY HUSBAND.
I CANNOT SIGN FOR HIM AND HE CANNOT SIGN FOR ME.
THESE PEOPLE SEND LETTER HERE THAT RECEIVED MY LAST CHECK IN 2005.NOBODY HAVE RECEIVED ANY CHECK FROM
TANIA ALVAREZ BECAUSE I HATE TO WRITE CHECKS.
FROG AND GUEST THESE PEOPLE ARE SCAM ARTISTS WITH
VOCATION FOR THIEVES.

Tell them to go ahead, prosecute. Record these calls if legal in your area. They might be the ones going to jail for breaking the law by nakibg these threats. No doubt the SOL run on this alleged debt years ago. I would send a cease communications letter (return receipt), and in it, also make them aware that you know the SOL has run, and that you are considering your legal options with regard to their bogus threats. Then I would sue them if you have enough evidence.

I TOLD LTD 77074 AND portfolio recovery associates TO TAKE ME TO THE COURT BUT I DINT THINK THEY WILL TAKE ME TO COURT BECAUSE THEY ROBBED AND HARASSED A WRONG DEBTOR HERE AND TOOK CHECKS ILLEGALLY FROM A NON DEBTOR BLIND AND MENTALLY ILL.
LTD 77074 STOPPED TO CALL HERE SINCE SEPTEMBER 2005
BECAUSE I FOUND debt consolidation CARE AND I TOLD
ALL THEIR ABUSES AGAINST MY HUSBAND A NON DEBTOR IN THIS FANTASTIC FORUM.THESE PEOPLE WAS CALLING HERE ALL DAY,SATURDAY,SUNDAY AND HOLIDAYS!!!
PORTFOLIO RECOVERY HAVE TRIED TO TELL MY HUSBAND HE HAD TO PAY A BILL THAT DONT BELONG TO HIM.
WHEN I WANT TO SPEAK THEY CALL A NON DEBTOR IN THE TELEPHONE AND NOT ME THAT OWN THIS ACCOUNT.
PORTFOLIO RECOVERY ASSOCIATES IS MORE BLIND THAN MY HUSBAND BECAUSE THEY ( BAD COLLECTORS)CANNOT
SEE THAT IS NOT MY CHECKS THEY TOOK IN 2004,2005 BUT
THE CHECK OF A NON DEBTOR HERE.
THIS ACCOUNT FROM 1991 IS PAST SOL AND THE LAST LETTER THEY SEND HERE ONLY TELL LIES ABOUT CHECKS
THAT I DIDNT WRITE TO THEM.(NOVEMBER 2007-LAST LETTER)
THANKS ,LAW STUDENT.
MY HUSBAND DIDNT AGREE TO GO TO COURT BECAUSE HE IS VERY MENTALLY ILL AND HE IS BECAME MORE BLIND EACH DAY.
ONE TIME ACADEMY WITH CHASE BANK AND SOME LAWYER TOOK MY HUSBAND TO THE COURT FOR A DEBT OF 4000,00 THAT BECAME 10000,00.
IT IS FUNNY SOME PEOPLE TAKE YOU TO THE COURT AND
BELIEVE THEY CAN TAKE EVERYTHING YOU HAVE IN ONE MINUTE.
WE WENT TO THE COURT IN 2004 AND I LOVE IT.
I'M WAITING SOME STUPID PEOPLE TAKING US TO THE COURT AGAIN.
CHASE SOON DISAPPEARED FROM MY HUSBAND CREDIT REPORT.(2009?)
WE DIDNT LOST MONEY,HOUSE IN THE COURT.WE HAVE NOTHING TO GIVE TO THEM.ONLY TROUBLE!!!(PROBLEMO?)
CHASE HAVE TO PAY EVERYTHING THESE DAY.
ACADEMY?
THE LAYWER?
WHO PAID FOR US TO GO TO THE COURT?
I DONT KNOW WHO PAID BECAUSE WE DIDNT PAY A CENT
THERE.

You should also look at your state's law in regard to debtor/creditor and collections.

I LIVE IN FLORIDA AND THIS DEBT IS FROM NYC OF 1991.
I LIVED IN MIAMI ALMOST 12 YEARS.
NATWEST BANK IS NOT MORE IN NY OR IN USA BUT IN ENGLAND.
THANKS LAW STUDENT.

Tania these people try to take advantage of people like you who are so kind forgiving and are not fully articulate in English language--good luck girlfriend!