Has anyone actually went to court because a CA sued

You get some time to settle the matter outside the court if the CA has a legal case. Try to contact your company and offer a settlement. The CA cannot have the full amount even if the matter is taken to the court. The court will set some payment plans according to your situation. Try to settle the matter before it takes a legal shape.

Hi! How awful would it be if the matter ends up in court? I know you don't serve jail time for not paying on a debt, but the way these CAs make it sound, it almost feels like you're going to jail, and you're going to lose everything you own, even if you don't own a thing! I don't known anything, I live at home with my Mom, my car is leased and Mom is the co-signer of the lease, and I'm currently in the process of waiting for court papers regarding Collect America's suit out on me regarding my Providian account.


DeeDeeNay

DeeDee,

Have you called Providian to find out if your account was sold to CollectAmerica? If not, you should definitely call them. That is the only way to be clear on the situation. If the account has not been sold, then Collect America is breaking the law by threatening a law suit...they are not authorized to sue you unless they own the account, only Providian would be authorized to sue. You will know well in advance if you are going to have a lawsuit against you. So, just because some minimum wage employee said they are going to sue you, does not mean a single thing unless you recieve that letter from a lawyer. Those collectors will say anything to get money, and those collectors are not in any way authorized to sue you, they are not attorneys. Do not fall for their scare tactics.

Though I wasn't actually sued I know someone who's deceased husband was! Despite telling at least 3 different collection agencies and 1-2 law firms that the guy was long gone, they sued anyway. From what I was told the process server showed up at the door, was told the man was dead, marked it on the papers and then returned them to the court. A month or 2 down the road and a Motion to Dismiss was filed with the court. My friend thought that was finally the end of it but apparently this firm sold the debt AGAIN and now she's getting calls from another CA. Apparantly there's a lack of honor in the collecting business and one CA sold it to another without bothering to tell the latest that the debt was basically uncollectable with the debtor being deceased for several years. Goes to show you how these guys just don't quit.

Nothing to scare of because you have the right to defend yourself. The hard part is that you have to find out the procedure to do, what form to fill out because if you don't follow that, you'll lose the case automatically. The other thing is, of course, your time. The formality of the court scare people of. Just don't freak out! They're people just like us and that you have your right to defend and even if you lose the case, you can still ask the judge reduce the payment or interest. They're not gonna put you in jail or shoot you! :)

you didnt explain which court they have sued you in, and another thing have they sent you summons?

Hi! Sorry for not answering before now. I haven't been sued yet, so I haven't received a summons yet. If they do sue me, it will be in a court here in my homestate of Ohio. I did receive a call from the CA today asking me to call back. I thought the case had already been turned over to the court district here in Ohio. They said last month that they were sending it to court, so why would they be calling me now if it's already been sent to court? I haven't returned the call yet, and seriously thinking about not returning it because they're going to be asking for the same amount they asked before, and I can't afford that right now and not pay my other bills. I must keep current with my other bills, and just wait to see what's going to happen in court with this bill.

DeeDee, I went to Franklin County court today for a debt, and it was a piece of cake.

if you get called to court, like I said before, just be sure to show up. I was able to work it out with the collector, and I'm not even going to get a judgement now.

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Hi Jessie! Glad to hear your situation worked out favorably for you! May I ask what kind of forms you had to fill out for the proceedings? I keep reading and hearing that I'm going to have to fill out forms if I'm sued, and it's important that I fill out the forms correctly, or things could go bad for me in court.

I was sued , but they were stupid enough to do it after the statute of limitations ran out. I had a consumer lawyer and ended up getting a little over $2000 from them

DeeDee, I didn't have to fill out anything. Probably because I worked things out with the attorney without involving the court.