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Dawn C | Can a collections agency sue me if I am making payments towards my debt? |
Long story short, I have been through several hardships and I have an $11,000 credit card bill. They sent it to collections, and now the collections agent is threatening to sue.
My question is, can they go forward with a lawsuit if I am willing to pay? I have expressed my desire to make things right and pay back the debt I owe. I know I have to be held responsible for my actions...I'm not trying to get away with anything here.
The problem is, they are demanding almost $3000 in order to stop persuing the case against me. I don't have that kind of money and I have no way to get it. I am willing to make small payments ($100 or so) from now on. I can even put this in writing for them if they want.
I tried to look this up online - some places say they can't touch me as long as I am making some kind of payment. Other places say they can do whatever they want if I don't pay the whole $3000.
Can anyone help? |
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Miss Know It All
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Send them a certified letter with arrangments and a money order or cashiers check for like $50.00. ONCE THEY HAVE SIGNED FOR THE LETTER THEY HAVE ACCEPTED IT. You will be able to use that in your favor if it does go to court. It will also prove that you were willing to pay.
Good Luck! |
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Scotty Doesnt Know
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Remember that a collection agency's job is to say or do ANYTHING that gives them a shot at getting money from you.
Collection Agencies are the scum of the earth. It's not the fault of the person calling you. It's the fault of their employer. But here's the long story short:
Can they go forward with a lawsuit? Yes, they can. Will they? No. The only time they're going to sue you is if they think you have the assets to be able to pay them, and are simply unwilling to. They have to bear the initial costs of suing you, and if you can't pay, they're not likely to recover. It's simply not a good business practice for them to sue people who cannot pay.
You should WRITE them a letter and tell them that you are willing to pay $100 per month. The bottom line is, they are going to be willing to accept whatever you want to give them. They probably purchased the debt when it was charged off, and whatever they can collect, they'll be happy with.
Also, do yourself a favor...read what financial expert Dave Ramsey says about Bill Collectors being the scum of the earth.... |
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gifford
 |
i don't know about your state but here in Texas, as long as you are making a payment (regardless of amount) you are safe, they can't do squat to you....the threats and attempts to collect are just intimidation tactics (legal) to get you to cough up the dough...don't let it frazzle you....i have been in debt for nearly 20 years and i am laughing in their faces because i know their tactics from an inside source who was a female collector and "gave-up" their legless "muscle"....bottom line, don't worry, be happy....they can't touch you. |
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Elizabeth N
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Laws may vary but state but as long as you are making regular payments to the company in regular amounts. ie 100 on the first of every month. And you write them a letter saying that based on your income this is all you can afford they shouldn't be able to sue. Or if they do take you to court you can bring documentation of the payments you are making and your inability to pay more and the judge should side in your favor. |
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Ken
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The legal answer is yes, they can sue you if you do not pay the full amount owed when it is owed. Since you agreed to make timely payments and failed to do so, the full balance is now due. Failure to pay the full balance allows them to proceed to suit.
As a practical matter, they may not puruse a judgment as long as you continue to make timely payments. The reason for this is that they will incur additional expenses and will still only get payments through the court. Additionally, the chance of you filing a chapter 7 bankruptcy and avoiding the debt entirely increase greatly if they get a judgment. If they have already ruined your credit with a judgment, why not file a ch. 7 bankruptcy?
There are some options here. Talk to a consumer credit counselor. The problem with the situation you are in now is that the debt is so high you are not even paying the interest. Your interest on a defaulted credit card debt of $11,000.00 is probably around 2% per month, or $220.00. If you are paying $100 per month, your debt is actually increasing by $120.00 per month. Consumer credit counselors can sometimes get that rate of interest reduced. If that does not work then you need to consider a chapter 7 or chapter 13 bankruptcy. One final option is that, if you can get a lump sum of money, say 1/3 to 1/2 of the total amount due, they may be willing to accept that amount as full satisfaction of the debt. |
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Jill knows best
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I used to work for a collections agency i can help you but i would need more details. like, is it a 3rd prty collection agency or is it first party collections. Have you gotten any kind of a legal letter stating that they are sueing you? An individual collecor cannot sue you the debt is not owed to that collector on the phone. the collection agency might be able to sue if they own the debt. depends once again if it is 3rd prty or not. also how many months past due is it? is it a charged off debt? How long as this been credit reported (if it has at all) and what is your credit score like? is this the only thing past due on your credit report? What is the min due on the 11,000.00 credit card? most cases its over 450.00 just to get caught back up. you can email me if you have more info for me. JillianR4335@yahoo.com |
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vrandrox
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I have been in the same situation as you. They can sue... but it will usually take a while to set in motion. Alot of the things they say over the phone is BS. I would recommend signing up for a debt consolidation agency... i use www.knowdebt.com they made a huge difference for me. They can lower ur monthly payments and make the creditors hush. If the phone calls are bothering you, u can send a certified letter to the crediter demanding they they stop calling you. If they call after the letter is sent, you can sue them for harassment. I would recommend reading the "Fair Debt protection act" and finding out your rights. But def work on paying them ASAP to avoid further problems in the future. |
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STEVEN F
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They CAN sue, but they WON'T. Credit card collectors get paid to SCARE you into paying them. Suing costs money. A judgment is worthless if you don't have money to pay. Unless the KNOW you have money, they will just make treats to get you to send money. The average collector won't even work in collections by the time a lawsuit got to court. |
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OC1999
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The simple answer is yes they can sue you. When you got the credit card you signed a contract that said you would pay back any charges on the account.
In reality the questions as to IF they will sue you comes down to several factors. Including how much you owe, how much you make, what is the likeyhood of you being able to pay back the debt.
Now for you example you said you could pay back $100 a month on the $11,000. Assuming they stop adding interest that would take you just under 10 years to pay back. Most collection agencies are only willing to go 2 years out, with most wanting it back in about 3 months(hence the reason they asked for $3000 or just about 1/3 of the balance). Based on that they would want the $3,000 as the first month and around $350 a month for the next couple of years if they extended it out that far.
Another thing to consider is that if they do take you to court and win they can garnish your salary for up to 25% of your net income. The judge will account for some expenses but it has to be an essential expense(having to pay other CC Debts or loans is not considered essential). They also have the ability to put a freeze on your bank accounts.
You can always offer them whatever you want, but if they find it unreasonable they don't have to accept it. If you do go to court and you can let them know you offered. If the judge thinks it was unreasonably low they will basically ignore it. Just what ever you do, DO NOT send any money in until they have agreed that it was okay as this will cause you more problems because it resets the aging and statute of limitations. If you are able to get them to agree to an amount make sure you continue to pay it.
One last option for you might be to consider bankruptcy, if you truely can not afford the payments. |
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hooterhoneycutt
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This question would really depend on where you live.
It's a sobering thought, but even if you've never missed a payment and have a decent APR of 9.99%, $100 a month in payments would still take 293 months to pay off your debt (that's over 24 years). If you've missed a payment and your APR has gone up to something like 24%, you will NEVER pay off your debt.
With an $11000 balance and $100/month payments, my guess is that you're not coming up with enough for the minimum monthly payment right now. That is likely why the company is hounding you for the $3000.
I would HIGHLY recommend finding a local debt counseling agency. Alternatively, you may want to contact a debt consolidation company (find a not-for-profit agency) to help you out. They will negotiate with your credit card company/the collectors to get you a more manageable payment schedule. |
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meanpressure0
 |
Before you go further please do this:
Write them a letter requesting a copy of the signed agreement you have with them or the original lender that outlines the fees and charges as well as the payment and penalty structure. Tell them you also need copies of all the billing statements thas add up to what they say you owe.
They must provide this in 30 days if they can not they will not be able to prove this debit exists in court and will not be able to further collection actions.
Collection agencies such as Midland or NCO buy bad debit for pennies on the dollar. These are debits that the lender has written off. These agencies use scare tactics to get money out o you. They will give the lender 10% and pocket the rest.
I have fought 3 of these only 1 went to court and was dismissed the other 2 were dropped. Once dropped they can not be addded to your credit report.
These Collection agencies are bottom feeders you do not have to give into them just to get them to stop calling. A single cease and deist letter sent certified mail will do that. If they violate the cease and deist it is a fine of $1000 paid to you for each call.
Fight these scum bags.
Research the collection agency at www.ripoffreport.com |
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presleygirl
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start making payments, if need be you will have shown the courts you are making payments in good faith to the best of your ability. |
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kat
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hope this helps.....
my girlfriend was in the same situation. they tried to sue her however, she was making her payments according to her income. when it came around to court, she attended and when it was her turn to speak, she told the judge that she was making the payments to her best ability. she explained that they kept calling her and harassing her, she was making payments and the company was not satisfied with what she could afford the judge ruled against the company and she did not have to pay anthing back as a result. the intent to pay off a debt that you are acknowledging goes in your favour. your not trying to run off, you are willing to pay some sort of sum. also try using your local MP in the area your living in, that is why their paid. they work for you. you can also lodge a complaint with the better business bureau and the local obudsman. they do help. there is a law against harrassement and that is what they are doing to you, it is unacceptable, after the intitial period of them harrassing you, then the nice phone calls will come where they want to settle with you meaning they reduce their percentage and limit the amount of all the charges and interest. how do i know this because my brother-in-law is in the business of fiancing loans and mortgages. remember that you are a person through all of this and it sometimes happens to people. dont worry about it, make your payments and if its not good enough for them then let them take the course of action they need to take and work from that. look at what happened to my friend, not saying it would happen to you but the intent is what matters. good luck and before you know it, you will be debt free......kat |
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galfromcal
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You have several really good answers that give you something to work from. If you have already been paying an amount, continue to do so, don't succumb to the threats of a collection agency or lawyer. Keep making your payments, and they will continue to cash those checks, which is a roundabout way of saying they are accepting your terms for payment. It is customary for them to come up with some amount to see if they can push you to cough up money they think you might be hiding somewhere, if you don't have it - don't borrow to come up with it - because then they think you have more and it becomes a vicious chase. Stay consistent, show your proof of what you make minus your living expenses, and your payment to them. Keep your focus, don't let them distract you or yield to their threats. you might consider taping their conversations with you, and let them know you are taping it - in the event the person harrasses you or threatens you. This also is good for your case. Read these comments through, you 've got some really good advice! Don't panic - you will get through this! |
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Who knows
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I Actually want to thank you for this question... I don't have 11,000$ but 7000 that went to a collection agent AND I gave them all my $$ in my saving account (3000$)(NOTE: NOT a good thing to do) I shouldn't have thought before forking over the $$ and now they call everyday and they are very threatening and now I let then talk rude to my voice mail... which is poss. that is making them more mad however. I am a human too and if i knew I was going to be laid off I in turn would have thought of managing my $$ a little better... However, no other person on the face of this planet should talk to me like I am a low life... Because I am not try living day by day in someones show in this situation.. I am sorry you are going through this a good luck... I wish anyone who has come across-ed a difficult time good luck... AND remember you are not alone |
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threadsdistance
 |
I don't have anything helpful to add to the vast amount of tips and advice already given by other users, but I would like to advice you to consult a lawyer ASAP just to have a peace of mind. I don't know whether you can get free lawyer service anywhere at your end, but if you can, I wish you all the best. Or why not write in to Suze Orman -- she's a great financial advisor and I think she might be able to shed some light onto this problem you're facing. |
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pilot
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Yes they can sue, the only two things that will positively stop any such action is to meet with their demands or file bankruptcy. There are agencies out there (I hear ads on the radio daily) who can negotiate a payment arrangement that is a compromise between their demands that you can live with. Also, of course, there is the Consumers Credit Counseling who can mediate in your behalf. The last thing you want is a court judgment against you. My personal action was bankruptcy but in my situation it was to my advantage I can't recommend it for everyone. |
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globeweasel
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they can, but as long as your payments are reasable and reg they wont. there are companies that will try to deal with them for a fee |
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mrs garfield
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no, as long as you are making payments every month, they can't make you pay the 3000. just don't ever refuse to pay them. if you can only make $100 a month payments send it to their payment address. send them what you can and keep track of the payments that you send them. that way if they do take you to court they will lose. because as long as you are paying on that debt, you're fine and the judge will see that you are making an effort and throw it out of court. all collection agencies use those scare tactics hoping that you will come up with the big money down on what you owe, but if they refuse payment from you even if it's $20 a month, if they try and go to court over it, the judge will rule in your favor. just send them what you can. don't worry they are just trying to scare you. |
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Lori C
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I was a bill collector many years. No, they cannot sue you if you are making payments. They also cannot sue you for a portion of the debt either. The collector you are talking to is trying to strong arm you in to making a big payment-he has a dollar amount he has to collect every month to get a bonus. I would suggest making payments-NOW! They have to accept the payments. If they don't, mail the payments to the original creditor-they will accept the payments willingly.
I would also suggest sending a letter certified mail asking the phone calls stop-both at home and at work. They legally have to stop calling you. If they don't-get a lawyer and sue the collection agency for breaking Title 8.
Also, don't be scared if they call you from the "Legal Dept". That is simply another collector who will threaten you even more. Don't fall for that either. They may use fancy letterhead, but it's another tactic to scare you and get you to pay.
Good luck, I hope I helped! |
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mommydearestmch94546
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if they except one payment then they cant sue you |
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angelsrose_01
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no they can't because your attempting to pay off the debt
1. you could send $1.00 a day if you want and they can't harrass you your attempting to pay, send as much as you can afford that month and youll be fine |
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art a
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how i hope this somehow reaches you, no they cannot, technically when you defaulted whoever you owed. they turned it over to a collection agency, key word, collection. they will do it by any means possible, the problem is they cant. so lets say you tell them to sue you. they will take you too court to which you will tell the judge you wanted and want to pay but they insisted on so much up front. bottom line. nobody wants to owe money, things happen. the judge will order you to pay, and she will ask you. if you say 50 a month, thats showing effort and thats what will happen. and the collection agency cant threaten you with court costs, because its a small claim which means they only pay 15 dollars to file. lastly call them tell them your willing to pay so and so and you do not have 3 thousand, get the time name first and last, of the person, if they say no, let them take you, and tell them not to call your home again, by law they cannot, good luck |
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gt6303c
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I don't know the legality of suing you while you are making payments, but most companies have programs for delinquent accounts. You should ask about these programs from the credit card company, because sometimes they won't mention it to you. Your debt is a fairly large amount, and the interest you are gaining on it probably is more than you are paying off. Another option you should definitely look into is a reputable non-profit consumer credit counselor. The credit card company is ultimately looking to get paid, and will usually settle on a reasonable payment structure set up by a counselor. |
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mamanook
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You need to get to a credit counseling office ASAP, BUT! Find one that doesn't charge for their services- there ARE not-for-profit organizations put there. I would check on line first and if you find one that sounds good, call the Better Business Bureau and see how they're rated. Best of luck. |
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martha8885
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As Long as you are at least paying them even if it is only 50.00a month they can put your name in the credit bureau but most of the time you can work it out with them since your probably only paying on interest and at most they will cancel your account with them. Just call tell them your circumstance. Most are willing to work something out with you. |
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Troy N
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They by no means can do whatever they want, they can summons you to court and all they will do in court is place a judgement on you which blemish's your credit for seven years
then after 1 year you dispute the blemish on your credit report if the company fails to prove you still owe them money then the judgement is taken off your credit report |
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Kim
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OK, here is the deal. There is a lot of incorrect information given to you here. Don't take a chance of ruining your credit or having your wages attached or your bank accounts emptied after being sued because you took bad advice. Contact a Consumer Credit Counseling Agency in your area to find out what is/is not legal. Different states have different laws and they vary WIDELY. Texas is a debtors haven and collectors have almost no power there while other states are less debtor friendly. Contrary to popular belief all collection agencies are not scum, they are simply trying to recover a debt that you incurred and failed to pay. I am sympathetic to your plight, everyone has difficulties in life, but you did agree to pay this back and you have already failed to do that once, the collection agency has no reason to believe you will do so now. Do yourself a favor and get some professional advise. Soon! |
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Bob M
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it may depend on what your state law says...if it were really true most of congress would be in jail for writing bad checks..mmmmm, time for change? |
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Deborah C
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It is so disturbing how these companies are acting.. its not the economy either.. these people are bullies henchmen for the big guy. When they say they are just doing their job, their just being stupid. I've been hard up for work before and I still opted out of those jobs. Most of those people are trained telemarketers and they have horrible credit theirselves. Where do they get off? It makes me want to take their calls and witness to them about God and cruelty and WWJD.. things like that. I just don't understand it.
It has been my understanding for years that as long as your paying something they cannot do this.. but they are not being monitored well right now and they just do what ever they please.
My honey pays all his bills on time every month.. and his hospital didn't like the way he was paying (they basically wanted him to just go on ahead and just pay the bill off-payment plan already existing or not) and sent it to collections. He had the bill more than half paid off in a very short time. They just sent the bill to collections. Whats worse, the collections agency didn't agree with it either? They thougth that was weird, and one prime argument of mine was that alot of his money was not applied to the bills correctly- the bills looked goofed up? payment not applied, but applied? what the heck does that mean? The collections agency was suspicious. A week later, they played dumb didn't remember our discussion, talked to my partner and then convinced him to let them take a huuuuge amount of money automatically debited from his account.
These companies are just running amuck right now and it is very disturbing. There really doesn't seem to be anywhere we can go to get their harrassing calls and threats off our backs. If we could afford and attorney, we could afford to pay the debt. Who are our congressmen and senators anyways, and representatives. Have we all forgotten how to pick up a phone and call them? Have we all forgotten how to call the local media? Oh thats right, they'll sue us for saying anything durogotory about them.. It is really out of hand. I am sorry for your problem. What ever the law says about won't do you anygood because they will stomp and walk all over the law..they know you cannot afford to stop them... and they'll actually tell you that on the phone they don't care. I've even recorded them before and realized I didn't have the money to begin a suit much less get in to see an attorney... its just all so rediculous. They are creating a society of people who are gonna give up and not pay their bills at all.
It seems it doesn't matter if we try. I would zoom right to your local house or representatives rep and let them know if you are being pushed around, we voted for these guys and they are always looking for a key issue to stand on for votes.. Good luck. |
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Cheryl
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I know that you are trying to do the honorable thing, but these collectors are scum and they really like to scare young ladies, they will do every thing in their power to scare you. The fact is if you gave them the 3,000. tomorrow, next week they would call you back with the same BS and scare you some more, then attempt to get another 3,000. out of you. I think that you are learning a valueable lesson here, CUT UP ALL OF YOUR CREDIT CARDS, you will never get out of dept. They just keep compiling interest on a daily rate. What I would do, send them 10.00 a month, yes, I said 10.00 a month, then file bankruptcy. Your credit is already screwed, at least with bankruptcy, in seven years, you will be able to have credit again, they way it is going now, you will be paying this debt for the next 20 to 25 years and your credit will be screwed up for life. It is better to file now, than to go through all that. Stop answering there phone calls, monitor your calls, send them 10.00 a month, and find a bankruptcy lawyer. Plead the fifth, tell them you cannot afford this dept, that you now understand the problems with credit card use. You are allowed one car and even a home, not a vacation home though. Check with the bankruptcy laws and see what you are allowed to own, and what expenditures are allowed. You will have to show what all of your money goes towards. Just remember, this valueable lesson and remember if you don't have the cash, then you really don't need the item. Or you could move to a small tropical island, drive a moped to a little tropical restraunt and wait tables I guarntee, it's a much better way of life than living in the rat race. Come to the Florida Keys, where all the beautiful people live and the water is crystal clear, your life will be changed FOREVER. Good Luck No, it's not a fairy tale, the good life awaits you. |
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rooster
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I own a one man collection agency and I sue quit often. Mostly, I pay the costs and advise my client on how to handle the initial pleadings. Once judgment is obtained, I take over. I file any writs of garnishment allowed or subpoenas necessary. You may use a subpoena duces tecum in aid of execution. Collection agencies are a necessary part of business. The people who get caught up in medical bills I can sympathize with. They should call the medical provider prior to it being placed with an agency and try to work out a payment plan. The people who purchase toys with credit cards and get in over their heads should learn how to handle their finances. If you lose your job, bankruptcy court is there for a reason.
AND. It is not illegal to make threats. Threats are an everyday part of life. If you don't show up at work the boss can THREATEN TO FIRE YOU. It's illegal to make a threat of violence against anyone anytime-it's not illegal to threaten to sue someone. Wouldn't you like to be notified PRIOR to being sued? Most of the people that whine are losers anyway. Pay your bills or file bankruptcy. Every time someone fails to pay his or her obligation, it results in higher prices for everyone! |
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