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Is it legal for a collection agency to call and claim they filed a lawsuit against you two weeks ago?
Wiki User
∙ 8y ago
It's hard to say without knowing the exact terminology the caller used. A DC can refer the account to a collections attorney who then contacts the debtor. Once the account has been referred to the attorney the DC can contact the debtor once to inform the person that the account has been referred to an attorney for legal action. A DC cannot state that the collection agency are filing or have filed a lawsuit.
Wiki User
∙ 8y ago
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If a collection agency repossesses something they had no legitimate claim to what legal recourse do you have against the company?
sue them for "conversion".
Can a collection agency falsley claim to have a judgment against you?
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
If you don't receive a summons or any documentation regarding a pending lawsuit by a collection agency how do you know if it's really true?
If you are being sued, you will always receive a summons. Sometimes it is delivered by a process server sometimes by registered mail. A collection agency telling you, you are being sued, does not necessarily make it fact. Only attorneys can file suit and they have to adhere to the state laws where the person resides. A collection agency cannot sue you regardless of what they claim. Sorry, I should add you need to be aware of the difference in collection agency and collection attorney. For instance Mann-Bracken LLC, are collection attorneys and/or arbitrators. They can initiate a lawsuit.
If a land lord file a claim against a tenet to a collection agency and the claim is not justified and the tenet sue in small claim court to have a judgment so this can be removed from his cred?
First you call the collection agency and tell them this is in dispute . Then get some legal advice. If you qualify for Legal Aid , go there. Even if you don't qualify, they have pamphlets for your State's Landlord/ Tenant Laws.
Can a collection agency continue to report a collection account to the credit bureau after the account is sold to another collection agency?
No, once a collection agency relinquishes their claim to the account by selling it they must remove all negative trade lines related to that account from your credit reports. Hope this helps ST
What should you do if you get a letter from a collection agency and the amount of the debt is wrong?
The collection agency must give you thirty days to dispute any portion of the debt they claim you owe. You must send a written reply disputing the amount and any proof of your claim.
Can collection agency sue you in Texas?
Any collection agency can, in theory, sue you anywhere they can find you. Whether or not they have jurisdiction or a valid claim and whether you have defenses would depend upon the circumstances.
After a surgery 6 and a half years ago a collection agency is now trying to collect on some unpaid bill that you know nothing about Is there a stutue of limitations on collecting on an old bill?
Yes, there is. There is also US federal protection against unfair credit collection practices, including the requirement that the collection agency provide proof that the claim is valid if you ask them to.
How do you get a collection agency to send you a copy of all the information they have in your file?
When contacted by a collector the agency must inform the debtor that he or she has 30 days to request confirmation of the debt. If the debtor does not request the information within the stated time the collector has not legal obligation to supply the debtor with proof of the claim unless the case becomes a lawsuit.
Can you have the insurance in your name but the car is registered to someone else?
Generally, no. The owner of the car must be the one on the insurance policy. In the case of a claim, the payment will be made to the owner and any lawsuit for damages will be filed against the owner. However, state laws vary and you should check the laws in your jurisdiction by calling a local car insurance agency or the DMV.Generally, no. The owner of the car must be the one on the insurance policy. In the case of a claim, the payment will be made to the owner and any lawsuit for damages will be filed against the owner. However, state laws vary and you should check the laws in your jurisdiction by calling a local car insurance agency or the DMV.Generally, no. The owner of the car must be the one on the insurance policy. In the case of a claim, the payment will be made to the owner and any lawsuit for damages will be filed against the owner. However, state laws vary and you should check the laws in your jurisdiction by calling a local car insurance agency or the DMV.Generally, no. The owner of the car must be the one on the insurance policy. In the case of a claim, the payment will be made to the owner and any lawsuit for damages will be filed against the owner. However, state laws vary and you should check the laws in your jurisdiction by calling a local car insurance agency or the DMV.
Can a collection agency claiming to be a law firm put a lien against your rent security deposit?
There are collection attorneys and they can place liens against real property, such as a house. In regards to placing a lien against a security deposit, that's ridiculous. No real collections attorney or one of the firms reps. would make such a claim.
If a homeowners insurance agency claimed you the homeowner filed a fraudulent claim is there a statute of limitations on a lawsuit that the insurance company can file against the homeowner?
Every state has different statute of limitations on crimes such as filing a fraudulent claim. Contact an attorney or check out your state's statutes to determine the SOL.
