Judgements Being Filed

Jcrab-I don't know if there is a set limit as to when they can issue a judgement. But I do know from experience that they will threaten everything,jail,judgements,etc. If you haven't already,send them a debt validation letter,certified,to start off.They are supposed to cease collection efforts until they do this,although I have one who still calls and won't validate.They love to try to intimidate and scare people into making payments,etc. Will they do payments,or want the whole thing? If you haven't already signed up for the free counseling here on the forums,you might do so. They can point you in the right direction-Good luck...Karen

Have they purchased this debt from the original creditor? Or are they a third party collection agency? I don't believe they can threaten to sue if they are a third party collection agency and you must have the debt validated per the fdcpa laws. There are samples of letters on the forum that you can use.

If you get a court date, make sure that you have covered your basis legally. Send a debt validation letter so that the CA will be forced to give you the details of the accounts for which they are collecting. Most of the times, the collection agencies fail to give such details. If they can't verify the debt account, you can explain the story to the judge and didn't want to lose your money by giving to the wrong company. The judge will be willing to make decisions in your favor.

Send your debt validation request through certified mail with return receipt requested. The documentation will be considered most important to have decisions in your favor.

Sometimes never. I used to collect student loans, which are government money in case you didn't know. I've seen defaulted student loans in collections since I was in diapers, and just because of the amount, they were never litigated. Anything under five figures really isn't worth going to court over for any creditor. The worst they can do is harp on you twice a week and ding your credit. Collectors often use garnishments and judgments in the apparent future as a tool of intimidation. Don't lose sleep over them, just ignore them and try to work it out with the original creditor.

It is so hard not to be scared. You never know what they will actually do. It is taking a chance to think that they won't react legally. I was going to look into a debt settlement/consolidation program, but I am afraid that if I don't give Zwicker anything at all they may make good on there promise and take me to court.

Does anyone know what happens if the case does go to court?

After reading all the above posts I have a few questions.

Asset can sue a debtor, correct? Or, is that company a third party debt collector? So, third party collectors cannot sue? It was stated that anything under 5 figures is not worth the lawsuit. Is that generally trued with old credit cards?

Asset says I owe 10,000 something for an old credit card. The card is very old and near the sol. The blanmce was 6000, not 10,000.

I am ready to send the DV letter to them. I am worried they will sue me, now.

Thanks.

Renita, this is what I posted in the other thread for you.

Quote:

"If everything is legal, show your presence in the court. You will be told about the case filed against you and will be asked to put your explanation. If things are to your favor, decisions will be made in your favor. "

Is it possible the judge understand a person has no means of paying the debt, and not allow a judgement?

Judgment can be filed only if there are some sources to pay the debt. If a person is without a job, wages cannot be garnished. If there are no assets to recover the amount, the court will make decisions in your favor. Though you will be asked to pay when you have some financial arrangement later.

What if you are working and own a home? Is the judge more likely to rule in their favor and take the home?

jcrab1

In some cases, liens can be put on the property especially when it is for secured debts. However, in cases of unsecured debts, chances of putting a lien are very slim. The most common process of recovering the judgment is wage garnishment. If you are working, your wages cannot be garnished more than 25% after deducting the disposable income.

A collections agency can not threaten legal action unless they are going to follow through with it. I mean they can.. but it is illegal to do so.

Most agreements state that if you default by 90 days they can do whatever necessary to ensure that a debt gets paid.