[megoodgal1]

A collection agency contacted me a couple of weeks ago stating that I owed an old credit card debt. I remember the debt, I paid a large amount on the bill and the same month (12/04) the card company (Providian)sent me a letter stating that they were charging off the debt. I have not heard from them since a call from this collection agency. The agency is quite tenacious, telling me that although THEY don't report to a credit reporting agency, they can see that I've been "pinged" several times for this debt and that I should take care of it immediately or face legal proceedings. They call just about every day, first at home, then my daughter gave them my cell phone number. Now they call every day, sometimes three or four times per day, on my cell. I have recorded the phone messages.

Today, I sent them a letter stating that I didn't believe I owed the debt (not as much as they say I owe, at least) and to stop calling me at home and on my cell - only contact me through the mail. As I understood from reading the FDCP, that is what I should do to make the calls stop.

My question is, what will be the next inevitable step? Also, where would a lawsuit be filed? How would I answer it and what are the consequences if a judge finds that I owe - and I can't pay.??

Also, I've been keeping detailed records of when they call and what they say (recorded when they call the cell phone). From what I understand on the FDCP, they are not supposed to call and hang up, or call repeatedly in a week.

Thanks for the help!

[Mr. Knowitall]

You should review this article on your rights under the FDCPA.

If they file a lawsuit, you will be served with legal papers indicating the nature of their claim and how long you have to respond. If you fail to respond, or lose in court, the court will enter a judgment against you for the debt, court costs, and possibly their legal fees. They will ordinarily seek to collect the judgment from your assets. If you petition the court, you may be permitted to make installment payments.