Getting sued for collection, advice on what action to take

chauncy · #1 05-09-2005, 01:22 PM

I just got a called today from a law office who wants to sue me over a debt. My wife and I split our bills so we both were under the impression that one of us was paying it. It had not been paid for almost a year and now they are in the process of filing a lawsuit. I am wondering what are my options? where can I get more information on collections law so I can be more familar witht he process? It was for 2000 dollars and I really don't know what I have that they could sell and get money from me. I've arranged payment plans with all my other creditors, but these people don't want to go that route at all. Any advice would be appreciated greatly.

aaron · #2 05-09-2005, 01:57 PM

If you have any defenses to the debt, you will be able to present them in court.

Given the situation you describe, you may wish to speak with a bankruptcy lawyer. Recall that significant changes in the law of bankruptcy will be effective in about five months, so if you consider bankruptcy to be a possible option this is the time to act.

chauncy · #3 05-09-2005, 02:08 PM

I don't know what would constitute as defenses, but the lackof payment was certainly not willful. To my defense, I haven established a good standing with my creditors and making payments consistently. Thanks for the response.

GreatGadsby · #4 05-10-2005, 10:51 AM

here are links to the Fair Credit Reporting Act:

http://www.ftc.gov/os/statutes/050131fcra.pdf

and the Fair Debt Collection Practices Act:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm