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A collection agency cannot file a lawsuit against a debtor.
The agency can refer the account to a collections attorney who is licensed to practice in the state where the debtor resides, and that attorney can file a suit against the debtor.
Some collection attorneys or firms are also licensed to arbitrate accounts, which means the account is sent to the National Arbitration Board rather than the use of standard civil lawsuit procedures.
Actually - a collection agency CAN sue you in court, IF the collection agency owns the account. However, you are correct, they cannot file a lawsuit against a debtor IF they are acting on behalf of the original debt owner, i.e., Sears, JC Pennys, etc.
Most collection agencies, who actually OWN the debt account, purchase these things at very small costs ... as the original folks have written it off their books. Therefore, if they do take you to court, most likely, it will be small claims court...
Debt collection, inlight of credit cards, etc., is actually a CIVIL matter and NOT a criminal matter.
What else can I help you with?
Can you sue a collection agency for harassment?
I think you are technically allowed to sue anybody for anything. That does not guarantee it you will win the court case, however.
Can you sue a collection agency if they are not licensed in your state?
No you can not
Can a collection agency sue you if you live in Tennessee?
Yes.
Can collection agency sue a married person?
Yes.
Can the collection agency sue you for your car that is worth 12000?
YES
Can a collection agency sue for 300.00 in hospital bill?
Yes.
If you are making sporadic payments to a collection agency and they cash them can they still sue the cosigner?
Unless you have a specific repayment plan that the collection agency agreed to, there is no legal reason that cannot sue the cosigner.
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.
Can a collection agency sue for unpaid credit card debt?
yes
Can a collection agency sue if you do not refuse to pay?
If you are not refusing to pay and you pay the debt, they would have no reason to sue you. If you refuse to pay a valid debt, they may advise their client to sue you depending on what state you are in and what the laws are there. Some states only allow original creditors to sue and not the collection agency.
Can you sue a collection agency for collecting more than the original debt?
yes
Can a collection agency take me to court for unpaid debts?
Yes, a collection agency can take you to court for unpaid debts if they are unable to collect the debt through other means.
