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FIB - Scams 101 - Ye Olde Archives
Posted By: Kami In Response To: Re:I'm being Sued! (Joe)
Saturday, 12 August 2006, at 4:58 p.m.
Like many others have said....first and foremost check the statute of limitations. Many times the bottom feeders come out of the wood work when you are closing in on the SOL. Make sure you find one from a legitimate site. I've seen many sites list the WRONG SOL for states.
If it has been sold to a collection agency, going through the OC (original creditor) is no longer an option. I'd google the CA and see what kind of low life you're dealing with. Many of them are bottom feeders and will say anything and do anything, even breaking the law, to get you to cough up some dough. If you choose to settle with the CA (many times they will take .25 - .35 on the dollar.) but whatever you do, DO NOT GIVE THEM YOUR ACCOUNT NUMBER OR MAIL THEM A CHECK. You can also try Accord and Satisfaction. Send them a letter with a money order for what you can afford to pay. State in the letter that their cashing the check is their acceptance of your settlemnet offer. If they cash the check and try to sue you, bring your A & S letter to court with you.
If you don't mind me asking who is the CA and what state are you in? I've been down this road and know the stress you are feeling. But keep in mind if it is a CA buggin you, you don't owe them SQUAT!!!!
A good forum and site to visit is www.creditinfocenter.com. You will find Accord and Satifaction letters, cease and desist letters and all kinds of letters to show these people you know your rights and you will not let them deny them! Learn your rights as a consumer. CA's prey on those who are unaware!
ANd to the person who called you a thief....there is a BIG difference between paying what you owe and being RAPED by the cc companies!!!
Good luck and check out those SOL'S!
And to answer you're original question about whether CA's can sue you for an unpaid bill...the answer is YES but if you know your rights and how to fight back you can most times scare them away!
Kami
> I'm no lawyer obviously because if I was then I would not be in the
> position of being sued but I do have a question that I forgot to include
> earlier and that is, can a collection company take you to court and sue
> you for an unpaid bill? Any advice would be helpful. Thanks!
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