I have a collection company threatoning to sue me for an old debit. I am trying to make payments but they are threatoning me. In the past I have not made payments but I am now. Can they sue me? Or better yet, will they sue me? I want to clear my debit. I just cannot make there high payments at this time but I can make payments. I know not making the payments in the past does not help but I flat out could not affort them I was going through financial difficulties. Please  help
209404
Yes nowadys anyone can sue anyone no matter where they are living. It is more if a case of when are they going to sue you compared to if they are going to sue.\nWhat you should do is get in touch with them and discuss your problems, they may allow you more time or something, you never know
120507
Okay there is really nothing you can do except dispute it until to comes into a collection agency. Not accepting the invoice will not help. Get it, and keep it. Document your dispute send him  by sending letters (certified). Also did you sign anything accepting the servies? if so get copies of everything. Keep your cool, he cannot threaten you with action he doesn't intend to take! After he sends you to a collection agency the FDCPA (Fair Debt Collection Practices Act) kicks in and there is certain things that must happen. \nthe collection agency must verify that teh debt is good and current.\nAlso You will have a 30 day disputing period from the time the coll agency contacts you to dispute the bill, it must be marked disputed on your credit report by the coll. agency. If he cannot prove it's legitimacy to the coll. agency too. It must be canceled off your credit report and the coll. cannot persue it. a dn tehn hes pretty SOL- you can also take him to court after all this if it is false for deformation of charicter.\n\n-Hope that helps a bit
458308
Yes, I have disputed and had the negatives removed, but the negatives were inaccurate. Sometimes it is best to "let laying dogs sleep" if the negative is old and accurate. By disputing the claim, you are refreshing the memory that you have an accurate debt with the creditor and since they will be updating the bureaus, your credit score could slightly drop since the account will look like it has had recent activity. Plus, if the creditors start to contact you since you reminded them of the debt, you will have to be careful with what you do so that you don't lengthen the statue of limitations (allowing them to have a chance to sue you for a longer period of time).
55735
One thing that call centers do is use an auto dialer.  It just puts in a few random numbers and whoever picks up first is connected.  Collection agency's, telemarketers and market research companies all use them.  Yes, it's annoying.  You need to call them and talk to them.  What I had to do with one company was get nasty.  They called me two to three times a day and sometimes I got the same thing you did, silence, and sometimes someone was on the line.  They called and woke me up and they interrupted my son's nap and even bothered us during dinner.  I called them and was like, this is harassment, plain and simple.  I told them not to use an auto dialer to call me.  I made it clear if the calls didn't stop, they would be reported.  They called once a week after that, we did make that agreement.  Just because you owe someone money doesn't mean they get to push you around.  I hope that or something else works for you because I KNOW how you feel.  As long as you are making some sort of payment to them, they shouldn't be able to take legal action...at least that's been my experience.  Even if all you can send them is $5 a month, at least you're trying.  Keep documentation though on what you send and when you send it.
436977
Lets start with discussing what a junk buyer does.  They gamble.  They are betting that for $100 they can collect $5000 from you.  Not bad for a Vegas bet.  So why would you expect them to accept $100?  That's an even money bet for them and they will obviously refuse it.\n\nIf you have any intention of negotiating a settlement, you better aim at 50% and go up from there.\n\nNow about the lawsuit.  Be aware that if you actually owe them this money, and you do sue them, they will definately countersue you.  Why not?  They have you in court and will probably win.  The best you can hope for is to win your lawsuit, win $1000, and apply that to their debt.  Sorry, facts are facts.\n\nEven worse, a smart lawyer may counter-sue you because of a frivilous lawsuit.  Be sure you have a good basis for a lawsuit before you start playing games with them.\n\n\nSo how do you file?  You need the following:\n\n1) A certified dispute letter to the credit repair agency.\n\n2) A certified letter to the creditor/collection agency demanding validation of the debt.\n\n3) A second certified letter with your intent to file a lawsuit if they do not validate the debt.\n\nIf you have this, you can now prove that they failed to follow the Fair Debt Collections Act and you can proceed with a lawsuit.  See the link below for some guidance.  But you need to search for your states court rules regarding small claims court. \n\nMany states have brochures and forms available on-line.  You must follow the filing rules exactly.
206376
Yes.  What the company that charged off the credit card did, was to sell your contract (account) to the collection agency/attorney that is calling you.  They can take you to court and sue for a judgment against you.  If you own a house they can put a lien on it. They can also demand $35 a week (or the sum the judge says) until the debt is payed off. Or, attach your wages.\n\nYou do have rights regarding their right to call.  You could call your State Attorney General to find out your rights.  (I know, after a while you want to disconnect the phone and except calls from no one.  I found it very depressing.)\n\nThe best thing is to eventually negotiate a settlement with them.  I think it is better to do this before it goes to judgment.  Also, Stay up with the court procedures.  As soon as you get served go to the Court house and fill out the form "Appearance".  I think if you look like a fighter they will be more willing to negotiate to a lower settlement.\n\nI got a lot of help from:\n\nwww.creditinfocenter.com\n\nGood luck!
366229
you are right on track.this one is a slam dunk.though you are doing every thing right you need to contact your attorney generals office because she is adopting unfair and illegal business practices.this PERSON IS HAVING SERIOUS FINANCIAL PROBLEMS AND IS TRYING TO TAKE IT OUT ON YOU,You sound like you have enough fight in you.go get her.If I were you I would start by sending her a certified letter indicating intent to file charges against her for double dipping,and to file a $5000 dollar small claim against her for attempt to defraud.if she goes ahead with her claim to send your "bill"to a collections agency she is only giving you additional ammunition for your claims.If this thing appears on your credit you can get it removed by showing that this is an attempt to at distortion.It will also give you the additional info.you need for a successful claim.
215269
Whoa.  Here's my 2 cents.  The difference between a paid collection and unpaid is the diff. between being hit by a car or truck.  Not much, cuz they both hurt like hell. The damage is done, so why pay?  If a letter was all that was required to remove derogs from your credit, wouldn't everyone be able to get one?  Fact is fact, so I've been reading all this about getting letters and removing and blah blah blah.  There's one simple way to remove derogs.  If you're conscience drives you to pay, that's something you've got to deal with.  As for forms, DO NOT GIVE THEM ANY INFORMATION OR SIGN ANYTHING!!!!!!!!
556982
Dealing with old debt \nBy Lucy Lazarony • Bankrate.com \nDon't let an old debt come back to haunt you. \n\n\nSome debt collectors are unearthing old debts, debts that are five to 10 years old or more, in the hope of squeezing some fresh money out of unsuspecting consumers.\n\n"I had one guy who got a call on a debt 14 years later," says Gerri Detweiler, author of "The Ultimate Credit Handbook."\n\nA collection call on an old debt can be tricky to handle, and if you handle it wrong it could lead to big trouble down the road. \n\nFirst off, it's important to realize that an old unpaid debt can't hurt you nearly as much as a new unpaid debt. \n\n- advertisement - \n \n \nAn unpaid credit account will mar your credit report for seven years. But once your debt passes the seven-year mark, you're in the clear. \n\nWith newer debts, debt collectors may call and threaten to sue you day in and day out. With an older debt, any debt collector that threatens to take you to court is breaking the law.\n\nThat's quite a difference and it all hinges on whether the debt a collector is haranguing you about is beyond the statute of limitations for delinquent debt in your state.\n\nOnce a debt is older than the statute of limitations for debt in your state, a debt collector no longer has the right to sue you for payment. You may still have a moral obligation to pay back the debt, but you can't be sued over it.\n\n"They can still ask you to pay, but they can't threaten to sue. If they do, it's a violation of the Fair Debt Collection Practices Act," says John Ventura, a consumer attorney in Brownsville, Texas, and author of the e-book Stop Debt Collectors Cold.\n\nLet's say you still owe some money on an old credit card account left over from your college days, 10 years earlier. And let's say the statute of limitations for credit card accounts in your state is five years. \n\nA debt collector may call you and ask you for payment for this forgotten account, but he can't take you to court or threaten to sue you over it. If he does, he's violating the Fair Debt Collection Practices Act. \n\nAnd since the debt is more than 7 years old, it's no longer listed on your credit report.\n\nWatch your step\n\nEven though a debt collector won't ever admit it, you're the one with the advantage here. But one little misstep could change all that.\n\nIn some states, making a partial payment to a debt collector or even acknowledging that you owe the money is enough to make an old debt new again.\n\nIf this happens, the five-year statute of limitations on your debt starts all over again. A debt collector has five more years in which to sue you for payment. And a non-payment on your new-again debt could be reported on your credit report. Then the advantage transfers to debt collectors.\n\nThe best way to handle a collection call for an old debt is to say as little as possible. Don't agree to pay. Don't acknowledge the debt. \n\nIn her book, "Money Troubles: Legal Strategies to Cope With Your Debts," attorney Robin Leonard offers the following advice: \n\n"You should never talk to the collection agency about it at all, even if they call at a permitted hour of the day. Just hang up the phone or put the receiver down and walk away."\n\nThe best way to respond to a collection notice on an old debt is in writing.\n\nUnder the law, a debt collector must send you a written notice telling you the amount of money you owe and the name of the creditor. If within 30 days of receiving this collection notice you write a letter back disputing the debt, a debt collector may not contact you.\n\nIt's a good idea to send this letter via certified mail so you'll have proof that the debt collector received it. Under the law, a collector may only renew collection activities if proof of the debt, such as a copy of a bill, is sent to you. \n\n"Definitely seek a
424653
Call your landlord and creditors immediately and explain your problem.  You may have to pay late fees, but usually they will hold off on collecting as long as they know you're willing to pay.  Good luck!
344389
Check the "THE FAIR DEBT COLLECTION PRACTICES ACT".\nI had to do this once to a creditor harrassing us for a bogus debt. Harassment and threats are against the law. Send them a letter telling them to stop and threaten to copy your local consumer protection agency and better business bureau. They are in violation of federal law so trust me, they will stop.\nAlso, I can't remember where I found it, but somewhere on the internet is a sample letter you can even use and tailor it to fit your exact situation. Good luck.
422570
No your contract / agreement is with the original compnay - they have the agreement with the collection agency - if you have paid in full then tell them to go away...if you feel so inclined then you can show them proof but you are not obliged to - refer them back to the original company.
445758
What seems to be happening here is,the company you had the actual debt with has not closed the account and it has therefore gained small interest,these files are then sent in bulk for a collection agency to sort out,the amount which has been paid still remains as unpaid when sent to the collection agency,so what you need to do is make contact with the persons,company or who ever the debt originated from and in turn they should inform the collections company,the fact that you say you continue to get them off different companys also backs this,has what is also happening one you explain the situation to one collection company and they then send it back to the originator who then sends it to another collection company,this is because the left arm hasnt got a clue what the right arm is doing and in any case dont worry about it,if seven years have passed you can tell them to take a run and jump
295342
It sounds like the collection agent purchased your debt from the creditor.  The do it all the time, and they depend on harrassment to get you to pay.\n\nFirst, you do NOT have to deal with a collection agent.  Send them a Cease and Desist letter.  That will stop them from bothering you.\n\nNext, read up on the Statute of Limitations (see the link below). All states have them, and none of them are longer then 10 years.  What it means is that you no longer have a legal obligation to pay the debt.  If the creditor files a lawsuit against you, file a motion to dismiss based on the SOL, and the judge immediately dismisses it!\n\nThe way I see it, you have had your credit trashed by these guys for 7 years.  You paid the debt.  If the collection agent keeps pestering you after you sent the cease and desist letter, sue him.
102437
This is a classic example of how collection companyes screw you!\n\nEven after you have paid off the debt, they continue to post your histor on your credit report.\n\nNext time, send them a letter telling them that IF you pay off the debt, they MUST remove any negative history.  \n\nNow look where you are?  Broke and bad credit.  \n\nYour first job is to contact all of the creditors and credit bureau and demand that the status of all those loans say "paid in full".  Have the credit reporting agencies place a letter in your file explaining what happened.  You are allowed a short message.  \n\nGo through the links I've supplied and see if it helps.  \n\nGood luck.
618362
I think the collection agencies actually purchase the debt BUT you are right. The company writes it off and your punishment only should then be a negative mark on your credit. \n\nThey end up getting to write it off AND get their money back when the collection agency buys the debt. All the while you are being chased around by collections... \n\nI'm with you bud.
298082
Joieanew, please tell the whole truth!\n\nIf you pay your bills, you have to hope that the creditor will do something about your negative credit report he placed.\n\nJust placing "Paid in Full" does NOT remove any additional bad marks, such as that it was in collections, or that there were late payments.\n\nTherefore, unless the item is completely deleted, or the entire status is changed to "Paid As Agree, Never Late", you will still have bad marks on your record, and it will still keep your credit score low.\n\nThat is why, if you plan to pay off your debt, make the creditor agree IN WRITING to remove any negative report from your record.  Yes, they can do it.  Yes, it's totally legal.