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  1. #1

    Default Can I Be Sued By A Collection Agency?

    Hello

    I had a credit card through SEARS they sold my account to a collection agency. I had three accounts through the same collection agency. I paid one off in January JcPenny. I settled with another one of the accounts on yesturday Washington Mutual. I had to speak with an senior account manager after a phone rep got realy nasty and threatened to sue. It was worked out but today I recieved a phone call from an attorney's office saying the collection agency Resurgent has put the file (Sears) to them to pursue legal action. Can they sue me being a collection agency? I asked for them to send me an itemized bill so that I could see how the interest was acurring, but they told me that that's not their job to have and go to the company I origianlly got the card through.

    Can they sue me?

  2. #2
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Can I Be Sued By A Collection Agency?

    Quote Quoting Regina McCray
    View Post
    Hello

    I had a credit card through SEARS they sold my account to a collection agency. I had three accounts through the same collection agency. I paid one off in January JcPenny. I settled with another one of the accounts on yesturday Washington Mutual. I had to speak with an senior account manager after a phone rep got realy nasty and threatened to sue. It was worked out but today I recieved a phone call from an attorney's office saying the collection agency Resurgent has put the file (Sears) to them to pursue legal action. Can they sue me being a collection agency? I asked for them to send me an itemized bill so that I could see how the interest was acurring, but they told me that that's not their job to have and go to the company I origianlly got the card through.

    Can they sue me?

    Yes they can sue you. My suggestion--DO NOT talk to them again. Send them a letter asking for debt validation. Do it today. Send it with a "green card" ---signature requested. If they are doing what they say they are--collecting for Sears they need to come up with the paper work.

    Keep in mind that if they threaten you to sue they legally have to. If not they are in violation of the FDCPA.

  3. #3
    panther10758 Guest

    Default Re: Can I Be Sued By A Collection Agency?

    You seem to have numerous credit problems and I will guess your financial status is bleak at best. You might talk with an Attorney about BK or anyone of those agencies that help with credit issues. This threat of Law Suit could be tip of iceberg for you

  4. #4
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Can I Be Sued By A Collection Agency?

    Quote Quoting panther10758
    View Post
    You seem to have numerous credit problems and I will guess your financial status is bleak at best. You might talk with an Attorney about BK or anyone of those agencies that help with credit issues. This threat of Law Suit could be tip of iceberg for you
    Agreed. As soon as one OC/CA sees you are paying others--they are going to try to get theirs too. So if you have multiple defaulted accounts you are going to be in for a wild ride.

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Can I Be Sued By A Collection Agency?

    It might not hurt to call your state AG or consumer protection office and find out what the collection laws of your state happen to be at the present time. The laws rarely change but the courts are continuing to find ways to reward these junk debt buyers.

    You may find that the JDB does not have a lot of file information. They will pursue you in court or arbitration. Note - Arbitration is very much a one way street; arbitration is a kangaroo court of sorts and you are going to lose 97% of the time. If the Arbiters were sent to Chernobyl for the rest of their lives there would not be any love lost from the consumer protection agencies. For that matter I would feel bad for the residents left in Chernobyl as the Arbiters would make up laws and rulings.

    That having been said; if the Statute of Limitations are up or they fail to validate the debt then you can refuse to pay the bill. When you and your attorney see them in court they will try to settle quickly; a positive defense can be that the SOL is aged or they failed to validate the debt. Granted all they will do is sell it to another one of their sister companies and pursue you all over again until you give in or make a payment, resetting the SOL clock.

    It might not hurt to talk to a consumer attorney and pay them the $100-$175 for an hour of their time.

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