Debt collector saying they will sue

Are you disputing the debt? Do you have a valid defense for not paying it? Being unemployed unfortunately is not a defense.

Im not disputing the debt. Im just wondering if they do decide to sue me over 800$ if i am going to need to get a lawyer, file anything ect

If you cant pay $800, it is not likely you can afford an attorney. If they due sue you, you will need to answer the summons. Maybe you can get on a payment plan with a stipulated judgment.

Thanks. I was just wondering what to expect. As much as it sucks I guess thats all I can do

Who is the collector? At least we can check to see if they are likely to sue by their past history! Threatening to sue without intention is illegal! I am not saying that is whats happening though! Contacting them first to work a payment plan is much better than a judgement!

Premier Financial in Chattanooga TN.
I am not even able to afford a payment plan or else I would. I can barely afford food :(

If they are collecting medical, I would guess they are licensed and will follow thru. It can be tough to get good medical accounts.

Since this is a small claims case and a "small" amount, it does not make sense to get an atty. Just go in and state the facts, they should allow for a small payment plan.

well, let me ask this--who owns this debt?

If the CA owns the debt, then they can tell you that youre going to be sued. If they are hired by the medical provider and they dont own the debt, they cannot tell you "you will be sued" because that isnt their decision to make. You said the debt has been in collections for 3 months, this leads me to believe that the CA doesnt actually own the debt. An easy way to tell is who they are telling you to send payment to. If they dont own the debt, they will usually tell you to make the check payable to their client. This isnt foolproof but it can provide a good indication.

EDIT--also, you need to check to see if they are licensed. Dont believe that they are because they are collecting medical debt. I recently had a debt collector try to collect on a bogus medical bill, and they are located in my state.....and they arent even licensed in the state.

Technically, it is all in the wording. So many collectors spout off, "I will sue you" or "we will sue you". Well CA's cant sue...it would have to be sent to a law firm to be litigated. Also so many will say this even though there is no intent or CA not routinely refer accounts out for judgements. Those are violations too.

Also look into their enforcement options in your state. If you are unemployed there is no income (at least for now) for them to garnish. How is your asset situation vs your states exemptions. Check out the "worst case" scenario. If you cant pay it whatever you do DONT agree to pay it. It just makes things worse for you in the short term.

Its entirely possible that at least for the interim they will have no means to collect. Dont get the idea that just because a judge tells you you have to pay them you HAVE to pay them. Short of a garnishment or bank levy the judge has no means (and usually not the inclination) to try and pry money from you for the benefit of the plaintiff.

Once you get a job again be ready for them to swoop back in and try and garnish their little (nonexistent) hearts out.