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  1. #1
    Join Date
    Apr 2008
    Posts
    4

    Question Sued By Collection Agency

    My question involves collection proceedings in the State of: Texas

    I have a debt that was defaulted by Chase bank and has been picked up by a collection agency with an in house lawyer division. They have since served me papers for a lawsuit filed with a local justice of the peace. My first action was to contact them to try and work out an agreement but they wanted 11,000 to settle with 20% interest. The original debt was 5000. I decided to respond to the judge and request trial by judge. The court date was set and i then contacted the company to try and settle again. They were more willing to come down from 11,000 but would not take a payment plan for 5000. Yesterday i received a copy of a letter asking for a continuance from the collection company on the grounds that they believe an agreement is in place and they are awaiting paper work from me. I have no agreement and no paperwork. The trial is set for next week. The judge should receive the continuance letter today. I have other debts that will need to be resolved as well. Including another that was purchased by this same company for roughly the same amount. They are based in austin while i am in the dallas area. I feel like they are playing hardball to try and get the most out of me possible without going to court. Do they intend to even go to court? What if the judge dismisses their request and they don't show up? Should I contact them again or should I lay out my debt for the judge and hope for the best? Do I really need a lawyer? Any help is appreciated. thank you.

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

    Default Re: Sued By Collection Agency

    It's not particularly unusual for a party to request a continuance on the basis that settlement negotiations are underway. If you do not believe that to be the case, nothing is stopping you from responding to the court that there are no ongoing negotiations and you do not expect to settle the case before trial. There's nothing wrong with consulting a lawyer.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Sued By Collection Agency

    ...and if the SOL is expired they are just praying that you make a payment to reaffirm the debt and start the clock again.

  4. #4
    Join Date
    Apr 2008
    Posts
    4

    Default Re: Sued By Collection Agency

    The court granted a continuance before I could have a say so in the matter. The collection company/lawyer refuses to do anything other than try and collect 2.5 times the original debt. The Sol has not expired on this. If i understand correctly the judge can only rule on the debt being valid or not valid? Can they adjust the amount owed or do they have to say yes or no to the amount being sued for?

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