Why do some people get sued and others not?
Date: Tue, 04/24/2007 - 05:49
Midland Credit Management is the "funniest," with such tactics as telling me I am approved for a credit card and I conveniently transfer the balance I owe onto the card (yeah, right).
Anyway, I have been expecting to be sued for the longest time, and have prepared for it, but it doesn't happen. Asset Acceptance did send my account to a lawyer in Minnesota, but I live in North Carolina. It's not that I want to be sued; I just don't understand why it isn't happening as both of thse companies are notorious for trying to push lawsuits and get default judgements. Do they need to have a local lawyer willing to file on their behalf in order to sue? Could the lack of one be why they haven't?
I am not a lawyer, and this is not legal advice. For a lawyer
I am not a lawyer, and this is not legal advice.
For a lawyer to sue you, he has to be licensed to practice law in the jurisdiction in which the lawsuit is to be filed (typically, the defendant's area of residence). Generally speaking, of course, a lawyer in Minnesota is not going to have a license to practice in North Carolina because he simply doesn't need one. (Why the creditor got a lawyer in Minnesota instead of North Carolina is beyond me.)
There are other reasons that you might or might not get sued... maybe the OC decides, for whatever reason, that it's not worth the hassle and/or expense of pursuing the debt because the amount is too small, or maybe they've lost the documentation they need to win their case... whatever. It's pretty much a crapshoot, IME.
Probably depends on the amount, and if they think you have any a
Probably depends on the amount, and if they think you have any assets. They generally want wage garnishment, but in some states this isn't allowed, other than that they'd go for bank accounts.
How old are these debts? Maybe the SOL has run. Don't fall for the old credit card offer trick. They'll transfer the debt to the card, and thus bring it back into the SOL and report it on your CR.
You're right DebtPadawan, a lawyer must be licensed in the state where he is suing. But there are acceptions, an attorney sometimes can file a motion to represent on a case by case basis in another state, but I doubt collectors would go to that much trouble, and it depends on if the motion is granted. I don't know to which states this applies.
--Probably depends on the amount, and if they think you have any
--Probably depends on the amount, and if they think you have any assets. They generally want wage garnishment, but in some states this isn't allowed--
MCM "claims" I owe them around $7,000 and AA "claims" I owe them them about $3,000. I know I've heard of folks being sued for a lot less by these companies. NC doesn't allow wage garnishment for this type of debt.
--How old are these debts? Maybe the SOL has run. Don't fall for the old credit card offer trick. They'll transfer the debt to the card, and thus bring it back into the SOL and report it on your CR.--
They're outside the SOL in NC now, but they weren't when they first started their collection activities. I don't know why they would have let the debt age past the SOL without suing. The only thing I can figure is they can't find local lawyers willng to pursue this type of thing for them.
I just laughed at the "generous" offer for a credit card.
It doesn't matter that it hadn't run when they started collectio
It doesn't matter that it hadn't run when they started collections, it has run now. Have you sent a request for validation? I would also send a letter stating that the SOL has run on these alleged debts, and it is too late for them to litigate. The lawyer you mentioned is probably just an attorney renting his name to a collection agency, and has to follow the same federal law. Yes, if sued, they'd they'd have to hire a lawyer licensed in your state.
When they take people to court, wage garnishment if their goal. Unlike other judgments, the collector is after quick money. They don't want the time and trouble of liquidating assets generally (unless it is for a very large sum).