Can collection agencies take you to court and sue you?

Question

Iam very scared of this actually happening. they call my home about ten times a day.

Answer 1

Of couse they can, but that would be the last thing they would do. Those agencies have usually purchased your debt at a discount, so it's profit to them if you do pay. Harrasment is usually continued, on and on and on.....

If you have caller ID, stop answering when they call.

Pay them $ 5.00 a week, or $10.00 to $20.00 a month, and use checks or money orders so you'll have a receipt.

Then they cannot win a court battle, and no matter what they say, you will know it's baloney!

Answer 2

Yes, they're able to sue you, but first, they have to prove that they're even able to legally collect on the debt. A lot of times, people pay collection agencies, or end up with judgements by getting sued without even forcing the collection agency to even prove they're legally able to collect. This is where debt validation comes in. This process forces the collection agencies not only that the information they're reporting on your credit is accurate, but also that they're legally entitled to even collect the debt.

If this is the case, although the collection agency may be legally entitled, they're still bound to the same statute of limitations from the original creditor. A lot of times, if not all the time, collection agencies try to "re-age" or reset the time limit, which is illegal. A lot of people are unaware of this, and end up paying it when they weren't supposed to, or even worse by not paying the collection agency can sue in court, and win a judgement that way, which lasts up to 10 years on your credit, by the way.

My suggestion to you is this:

Get your credit reports if you haven't done it already, and find out which collection agencies are calling for which creditor. A lot of times, the statute of limitations(SOL), which is the time limit for collecting debts can already be expired, and yet the collection agency is counting on you not knowing this and they make the most of their money, bullying people into paying or dragging them into court to try to get it that way.

Here's a link that lists the SOL by state:

http://www.creditinfocenter.com/rebuild/...

Find out whether or not, the collectors even have the right to collect.

In the event that you're ever dragged to court on an expired SOL, make sure that you use the expired SOL and point out the timeframe with the ORIGINAL CREDITOR has expired, in order to use this defense.

Hopefully this information that I've given will help

Good luck!

Answer 3

There is a certian process you need to take with collection agencies. They can take you to court, but probably wont. Send them a cease and desist letter so they stop calling you. After that, they wont be able to call you anymore, and if they do, they are violating the law. Get the report from the phone comany that they called and if they do take you to court, they will most likely lose due to their unlawful practice.

They will harrass you, sometimes even get to thepoint of name calling, they are sneaky. Dont send them any money until they have verified the debt. Have them send something to you that proves you owe the money. If they do not send it to  you, you  do not owe them.

Answer 4

Yes if you do owe money and the statute of limitations is not up yet, of course.

Answer 5

Let me speak on experience.  I never thought it would happen to me but it did. I am going to have to spend $1000.00 to an attorney to stop the lawsuit.  A third party collector had me served at my residence and I am seeing the attorney today.  He is pretty sure that I will win because they are a third party collector, however its still $1000 that I will have to pay.