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How do you go about suing a collection agency for harassment and will it actually hurt you to try?
Wiki User
∙ 8y ago
2nd part of your question first:
No, it won't hurt you to try and may help you by forcing you to educate yourself about your rights under the law and civil procedure.
As far as "how"; that's a bit more complicated, but definitely worthwhile to pursue. Refer to www.artofcredit.com for information.
You can sue them, but the awards are so little that you have to really pay to do it. If they would make the penalties a bit more hefty, they would quit doing the things they do. They push the envelope because the fines are not that big.
Wiki User
∙ 8y ago
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A collection agency is suing you what do you need to do?
Pay your bills.
Can debt collection agencies sue in North Carolina?
This is a misnomer. When an account is sent to debt collections, the collection agency does not typically own it. They are simply acting on the part of the lender or creditor. When judgment is sought on a bad debt, it is the lender who is suing. They are perhaps doing so through the collection agency and the lawyer they have under contract, but it is not the collection agency who is suing.
If a collection agency is suing you can they send you notice through the regular postal service or do they have to serve you the papers?
Depending on state statutes, a notice/summons can be sent via registered mail.
Which one is spelt correctly - harassment or harrassment?
Harassment is the correct way of spelling the word.Some example sentences are:He is suing us for police harassment.Due to constant harassment, she closed down her Twitter account.
If being sued from a collection agency can you present to the judge you would like to buy the account at what the collection agency pay for?
You can propose anything in court. The amount the collection agency is suing for may or may not include excessive fees and interest. If your position is well-argued, you may do well. However, if it is not...you will always suffer the consequences. Remember, you will be the only one in court that day that doesn't know what you are doing. Everyone else does it, every day, for their job. If it is a considerable amount of money ALWAYS get a lawyer.
Can a collection agency put a lien on your property in the state of Ohio?
Only courts can do that. If a collection agency wants the power to put a lien on, they have to sue you.Look into Federal Trade Commission and Ohio law via Google.You have more protection than you imagine. For example, you can write to a collection agency and tell them to stop contacting you and they must stop. If you are willing to take their calls, they must call at reasonable times, no more than daily and they can't threaten you with any action they don't really intend to take, e.g. suing you for a small debt.
If a collection agency is suing you - but you have no job or assets - what will happen if they win?
The debt could become a judgment. Do not put yourself in a state of worry. Your options are to settle this debt or once this account is placed on your report as a judgment you can submit an offer to compromise. Especially if you are struggling with your finances.
Can bank account be garnished if filed by collection agency rather than original debtor?
Yes, it can be garnished by a collection agency (CA). What happens is that the original credit sells the debt to the CA. Then the CA owns the debt. The CA tries to collect from you. If you don't pay, they can sue you. If they sue you and win a judgment, they can garnish your wages. Of course, the CA may be suing you for debts that are not yours or where the statute of limitations has expired! Learn your rights by reading up on the FDCPA.
If a friend refuses to pay a debt and you don't want to sue but want to report it so it appears on his credit report how can you do that and will a collection agency file such a claim?
Not without suing. It's a credit report. You are not a creditor. If you sued and got a jugdment and she didn't pay then that would be on the credit report
What does it mean when a bill goes from collection to an attorney?
An owed bill goes to a collection agency so they can collect on it. When they can't collect the amount owed (which by the time it goes to the agency, they may take a low offer on the amount) they go to an attorney so the attorney can sue the person owing the bill in court. By suing the ower, they get a judgment that goes on the ower's record and they can put a lien on property and maybe garnish pay or bank accounts depending upon the amount owed. This is not a good thing.
Can you negotiate a payment plan with the lawyer that represents the creditor that is suing you before you send your answer to the courthouse to keep the case out of court and to avoid a judgment?
If the creditor and the attorney are amenable to the deal, then absolutely. Their objective is to get paid, so they will usually take the path of least resistance in getting the money owed them. Just make sure that this is actually an attorney representing the creditor, not a collection agency acting on its own behalf (they often have attorneys, too). That changes things significantly.
Is it harassment if your ex keeps suing for child support every ten months?
Well, you can only sue for it once, so it has to be modifications, which can be done if there's going to be at least a 20% difference in the payment. see links
