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  1. #1
    Join Date
    Jun 2014
    Posts
    2

    Unhappy Collection Agency is Suing Me

    My question involves collection proceedings in the State of: California. Just received a summons stating that I am being sued from a debt collection agency. I do not deny the debt but I question the agency. This is what happened: I lost my job about a year and half ago and I do not receive unemployment because they cut everyone off on December 28. My brother is helping me financially trying to keep my head above water til I find a job. Now here comes the CA (Collection Agency) suing me and on the summons what I notice they claim they were assigned/transfer/purchase directly from the creditor. As I was going thru some papers I found 2 invoices each from 2 different CA prior to the CA that is suing me. The CA that is suing acquired that from the a previous CA, now why state they got directly from the original creditor? Is that normal procedure? I am fully aware that CAs often purchase the debt from other CAs.

    Also I have made payments when I was collecting unemployment and a few dollars in my checking account. So when I received a notice from EDD that all would be cut off on December 28, I knew the worse was coming due to how am I going to survive with no money coming in? So I called the CA and I explained to them and offered $25.00 a month until I can get back on my feet again. Well guess what = DENIED, not just once but twice.

    Now that I received the summons I called the CA again to see if I can arrange another payment. Again I asked for $25.00 a month to pay = ACCEPTED. I asked the rep twice in the "legal department" why was I refused previously since that is all I'm asking. She refused to answer my question but she did say that she can't refuse my money. Huh? So when we both agree upon the amount I requested a written statement regarding the agreement - DENIED. She stated that they can't do that. I asked her why not I'm simply want a written statement regarding our agreement. Again she said she can't. o brother. Also the amount owed would have been lower too had they accepted my offer back then. I would just like opinions on this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Collection Agency is Suing Me

    A debt may be collected by the original creditor, it may be sold to a factor (in simple terms, a company that buys debts that are believed to be collectable), or it may sell old, dubious debt to a junk debt buyer. Once a debt is sold, the money is owed to the buyer of the debt.

    If a debt buyer has a policy to always take money from a debtor, no matter how little, then its agents would be expected to follow that policy at risk of job discipline. In some states, accepting a payment can potentially provide a basis to overcome a statute of limitations defense, and there's really no reason not to accept a voluntary, unconditional payment from a debtor. But no creditor has to enter into a payment plan on a debt that is due in full and a debtor has no recourse against a collection agent who refuses to negotiate a payment plan on such a debt. Creditors don't have to offer written confirmation of repayment plans, but I would be skeptical as a debtor of entering into a repayment plan (particularly if it's to settle a lawsuit or for forebearance of a lawsuit) if I did not have the agreement in writing.

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