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Can a Collection Agency Sue for a Debt?

Posted by Peter Wood | Loans | Saturday 4 July 2009 3:14 am

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This article explains a few things about can a collection agency sue for a debt, and if you’re interested, then this is worth reading, because you can never tell what you don’t know.

We routinely enter into joint representation agreements with counsel licensed in other jurisdictions to offer a great team towards attaining justice. Please contact us for a free consultation so we can put our resources to work for you. When selecting someone to represent you, ask the attorney how many of these cases they have tried in court and won. We have never lost a FDCPA trial. Do they misrepresent themselves as working for someone else, such as a phone company? Any deception, falsehood or deliberate misrepresentation is a violation that can be used in court against the collector.

Many suggest that you call a family meeting and have an open discussion of the debts you face. You do this by filing an official form called the Statement of Intention (SOI) with your other bankruptcy papers as well as mailing a separate copy of the SOI to your lender. There is practically no debt problem that you cannot deal with yourself with the right advice. Dealing with debt definitely does not mean borrowing more money or spending money to pay someone else to deal with your problem.

Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit.

If you base what you do on inaccurate information, you might be unpleasantly surprised by the consequences. Make sure you get the whole can a collection agency sue for a debt story from informed sources.

A debt collector must disclose certain information about the debt? For example, within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. You can’t waive a collective bargaining agreement. Naturally, collectors often don’t follow the rules, so it’s important that you know your rights. Don’t let the collectors bully you: Even though you owe someone money, and even if you may feel inferior at the moment, you deserve to be treated with respect and integrity.

An individual voluntary arrangement (IVA) is a legally binding agreement that writes it off after the final payment to creditors, which is set up and monitored by an insolvency practitioner. Shirley Jackson sees IVA’s as the only real alternative to bankruptcy for professionals who urgently need to protect their status or business, although not really for people who have over-extended on plastic.

The faster you get rid of your debt, the faster you can save for the big things you need, and spend the money you were giving away in interest payments. We would send a letter to your debtor asking for payment within 7 days. If no payment is received we will then come back to you and ask if you want to take this to the court action stage. We will also attempt to remove a substantial degree of misunderstanding and deliberate non-payment that can plague certain types of collection.

Now that wasn’t hard at all, was it? And you’ve earned a wealth of knowledge, just from taking some time to study an expert’s word on can a collection agency sue for a debt.

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