Please Help Being Sued by Collection Agency (credit report, collections, paycheck)

[missjane]

Is an attorney merely sending you a threatening letter or a notice to appear in court? Collection attorneys are some of the biggest asses around and will say and do anything to get their money. You should check to see how long this debt is collectable. (For example, in MD it's three years, but it didn't stop an attorney for taking $7000 from my son while he was in Iraq for a $1000 debt in 2000 that he couldn't collect from my other son. Yeah, we're working on that one...)

I had read in one of the credit web sites, that some old debts are better not to even pay because it opens it back up for listing on your credit report and can hurt you.

Anyway, if you want an extra couple hundred bucks a month, donate plasma...that's what I do.

[overmyhead]

No they sued me and it's a court appointed mediation. The last time I paid the collection agency was in 2006 so I can't claim SOL

[tony23]

Originally Posted by overmyhead

I don't want to go to court and lose and have to pay way more money. All I really want is reasonable payments. They want 250/mo + 800 in fees and I can only pay maybe $100/mo... what do I do for mediation???

They can't take money you don't have, and you DO NOT have to agree to mediation. They will pressure you to do so, but you DO NOT have to agree to anything.

THE WORST that could happen is they get a judgment against you. Then, they MIGHT try to collect on that judgement. They MAY be able to garnish your wages - but that's not a certainty, and they still would have to go to court to do it.

Tell the mediator what you can afford, and stick to it. Don't be pressured into anything you don't 100% accept.

[Mircea]

Originally Posted by overmyhead

No they sued me and it's a court appointed mediation. The last time I paid the collection agency was in 2006 so I can't claim SOL

Wait a minute, is it mediation, or is it arbitration? The two are vastly distinct.

[overmyhead]

Well I filed the answer like everyone advised me to denying most things. Now I've got a mediation hearing and the attorney has sent me 3 pages of questions requesting for documents. Again I know I owe this debt and it doesn't look like they are going to back down. My only issue is I can't afford to pay $300/mo for 12 months. I can afford $150/mo barely.... What should I do? I don't want to keep dragging this on and racking up the attorney fees they are going to make me pay.

[CarolinaCowboy]

Just tell them you are applying for status as a "bank" or investment firm and congress will be paying all your debts for you soon enough. In the meantime, go out and spend more and max out those credit cards. It is the American way you know!

[Fighter 1]

Originally Posted by Mircea

The fact that you cannot pay is not relevant. The only issue to be decided is whether or not you owe the money, and how much is actually owed.



They may or may not be able to charge interest. The interest they might be able to charge depends on what the state of Arizona says. Whether or not they can add fees is dependent on the terms of the contract.

The primary consideration here is whether your income will change significantly over the next 2 years. It either will or it will not and there is no "maybe" or "might" or "possibly" about it. Only you can answer that question.

If your income will not significantly change, then given your situation, you might want to consider bankruptcy before things get worse.

If you fail to answer the summons and complaint, they will get a default judgment, then you will be served a subpoena to appear at a Debtor's Examination/Hearing to show your assets and then measures will be taken to collect the debt from there, such as placing a lien on your home, freezing/seizing your bank accounts and other assets, and garnisheeing your wages.

If you want to buy time so that you can consult with a bankruptcy attorney, then answer the lawsuit. You can do that by appearing in person, or you can file an answer with the court.

If you choose to answer the complaint, answer in this manner for each numbered paragraph in the complaint:

Defendant lacks sufficient information to respond to the allegations in paragraph (insert paragraph #) of Plaintiff’s complaint and on that basis denies the allegations.

One paragraph in the complaint may state that you live or reside at a certain address. If true, then answer like this:

Defendant admits the allegations in paragraph (insert paragraph #) of Plaintiff’s complaint.

It may state that you live at this address and that on a certain date, you opened a credit card account. If so, answer like this:

Defendant admits that he resides at (insert address) and generally denies the balance of the allegations in paragraph (insert paragraph #) of Plaintiff's complaint on the basis of lack of knowledge or insufficient information.

Correct on the advice to deny allegations but if the complaint is written in all capitol letters ( fictious person ) that is not you the live person with uper and lower case spelling . You are not responsiable for the debt that the Attorney is trying to collect . you ( the live being ) have signed no contract with the law firm and with that you can deny owing any money to him or his company. sounds stupid! but it has worked very well here in So. California. It is the Corporation ( all capitol letter spelling ) that open the credit card account . Now have fun with it if you like.

[texdav]

No;that is not correct as they can use for the cost of their attorney fees since they had to sue to collect. I'd just wait for the mediation hearing and if you want you can reject everyhting there . Then wait until it is brought to court. It is likely that the court oradered the medication since you were never contacted to agree to it. I showup if the court ordereed it to show good fatih to the court but you don't have to agreee to anyhting there, In the end I would bet that you will have a judgement against you since you owe the money as you have said.Then they will try to collect it and that ios another matter as thyey will file the judgement and it will hit you when you try to buy or sale a property;get a loan etc.

[Mircea]

Originally Posted by overmyhead

Well I filed the answer like everyone advised me to denying most things. Now I've got a mediation hearing and the attorney has sent me 3 pages of questions requesting for documents. Again I know I owe this debt and it doesn't look like they are going to back down. My only issue is I can't afford to pay $300/mo for 12 months. I can afford $150/mo barely.... What should I do? I don't want to keep dragging this on and racking up the attorney fees they are going to make me pay.

Send interrogatories of your own. Maybe you do owe a debt, but how do you know you owe it to them and how do you know they have the right to collect?

I mean, if you're just going to hand out money you can pay me $300/month for the next 12 months.

The bolded ones are the most important.

INTERROGATORIES
1. State the name(s), business address(es) and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory.
2. State the correct legal name of your organization.
3. State any other names which your organization uses to identify itself, whether such names are registered with any official, and the date and place of such registration.
4. State the form of your organization, the date and place the organization was organized and registered and/or licensed to do business.
5. Identify and describe each document known to Plaintiff which is related to the account of Defendant.
6. Identify all present and past contracts or agreements between Plaintiff and the creditor and give the date of the initial contract or agreement with the creditor.
7. Identify the terms of the agreement between Plaintiff and the creditor pursuant to which Plaintiff sought to collect this account from the Defendant.
8. Identify Plaintiff’s employee(s) who make(s) or approve(s) the decision to file suit or to request an attorney to file suit.
9. At what point in Plaintiff’s collection process is the decision to sue made?
10. Identify each document and other method of communication in which creditor authorizes Plaintiff to initiate law suits against consumers.
11. With regard to the debt allegedly owed by the Defendant, itemize the amount of each portion of the debt and the authority therefore.
12. List all exhibits Plaintiff proposes to introduce at trial.



REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF
REQUESTS FOR PRODUCTION
Please produce the following:
1. All documents relating to the alleged debt of Defendant and the collection thereof.
2. All documents relating to Plaintiff’s activities to collect debts such as Defendant’s.
3. All documents between Plaintiff and [creditor’s name] regarding the Defendant and collection of his alleged debt.
4. All documents between Plaintiff and [name of any other debt collector] regarding the Defendant and collection of his alleged debt.

[Fighter 1]

Originally Posted by Mircea

Send interrogatories of your own. Maybe you do owe a debt, but how do you know you owe it to them and how do you know they have the right to collect?

I mean, if you're just going to hand out money you can pay me $300/month for the next 12 months.

The bolded ones are the most important.

INTERROGATORIES
1. State the name(s), business address(es) and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory.
2. State the correct legal name of your organization.
3. State any other names which your organization uses to identify itself, whether such n LOVE IT ames are registered with any official, and the date and place of such registration.
4. State the form of your organization, the date and place the organization was organized and registered and/or licensed to do business.
5. Identify and describe each document known to Plaintiff which is related to the account of Defendant.
6. Identify all present and past contracts or agreements between Plaintiff and the creditor and give the date of the initial contract or agreement with the creditor.
7. Identify the terms of the agreement between Plaintiff and the creditor pursuant to which Plaintiff sought to collect this account from the Defendant.
8. Identify Plaintiff’s employee(s) who make(s) or approve(s) the decision to file suit or to request an attorney to file suit.
9. At what point in Plaintiff’s collection process is the decision to sue made?
10. Identify each document and other method of communication in which creditor authorizes Plaintiff to initiate law suits against consumers.
11. With regard to the debt allegedly owed by the Defendant, itemize the amount of each portion of the debt and the authority therefore.
12. List all exhibits Plaintiff proposes to introduce at trial.



REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF
REQUESTS FOR PRODUCTION
Please produce the following:
1. All documents relating to the alleged debt of Defendant and the collection thereof.
2. All documents relating to Plaintiff’s activities to collect debts such as Defendant’s.
3. All documents between Plaintiff and [creditor’s name] regarding the Defendant and collection of his alleged debt.
4. All documents between Plaintiff and [name of any other debt collector] regarding the Defendant and collection of his alleged debt.

All this is good BUT when they give him any documents none of them will show that he has a contract with the law firm ! ( no signed contract no liability!. it works!) as i said before none will be in his name it will be in the corporate spelling that on first look will look SIMMULAR to his name BUT It is not him ( the live being ) tell them to go and get the money THEY " say is owed from the corporation ( all Capitol letter spelling )LOVE IT when you see their faces when they realise they are stuck and find that they have bought useless paper >