another collection agency lawsuit ?

Date: Tue, 06/02/2009 - 11:11

Submitted by anonymous
on Tue, 06/02/2009 - 11:11

Posts: 202330 Credits: [Donate]

Total Replies: 5

My spouse has a collection ageny on his tail. Sent settlement letter and got no response. This med debt in sol in ohio. collection agency just started calling despite no contact via phone request in letter. today, they called and said his account was selected for legal services and paperwork regarding garnishment was sent to his self employment bussiness. can they garnish w/out court summons? what should i do? of course, since it was selected for "legal" action, they will not settle on this account. can medical debt be settled like other debt?

First, NO they can't garnish without a court order...they must s

First, NO they can't garnish without a court order...they must sue in order to get that.

Second, I would DV them first to determine validity of the debt and that they are the ones you should be paying...if they don't DV then they can't collect - that includes pursuing legal action.

lrhall41

Submitted by desperatelyseekingsanity on Tue, 06/02/2009 - 11:17

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so do they(ca) have to respond to my dv letter? or can they jus

so do they(ca) have to respond to my dv letter? or can they just sue me then?

lrhall41

Submitted by on Tue, 06/02/2009 - 13:50

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CA's cant sue...they are not attornies and have no ability to su

CA's cant sue...they are not attornies and have no ability to sue. They would have to send it to an attorney first. Without responding to a DV, they can no longer collect....however they can still send it elsewhere and then you would have to DV the attorney too,

lrhall41

Submitted by SOAPLADY on Tue, 06/02/2009 - 14:04

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If they don't respond to the DV, then legally they must cease al

If they don't respond to the DV, then legally they must cease all collection activity until they do DV - this means they can't pursue legal avenues (sue) against you either.

lrhall41

Submitted by desperatelyseekingsanity on Tue, 06/02/2009 - 14:31

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is that true if it is past the 30 day window of initial contact.

is that true if it is past the 30 day window of initial contact..i found em on my report in march and they had been there since last year..mistake#1-i never checked my file for 2 years...if i dv them now, after the 30 day initial contact-do they still have to cease collection activity? i never received any dunning letter that i know of!!!!!

*oh yeah, when i asked collection agency agent, they could not tell me who there attorney was -just an inhouse one!!

lrhall41

Submitted by on Tue, 06/02/2009 - 17:43

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