Can a Collection Agency Sue You?

Unfortunately, if you have failed to pay your bills on time and have ignored the inquiries of the collection agencies to you to pay the amount you owe and are behind on, you can be sued. However, it is not the collection agency’s responsibility to do so. In fact, a collection agency itself cannot sue you because you do not pay off your debt unless they are a collection law firm. It is the company or the creditor to whom you owe money to that will sue you for not paying them the money that you owe them on time.

Not only are collection agencies prohibited from suing you, but you are NOT prohibited from suing THEM. There are certain circumstances in which you may feel you have been wronged by a collection agency. If you feel this way, that the law has been broken by something that the collection agency has done or said to you, then you can file a formal complaint and take that collection agency to court.

The thing that collection agencies are most commonly sued for is harassment. Harassment is prohibited by the law when collection agencies are trying to reach the person who owes the money. Here are a few examples of harassment that you have the power to sue for if you are under similar circumstances.

Excessive Phone Calls

If a collection agency is calling you several times a week on behalf of the same creditor, or because of the same form of credit to which you are indebted to and have failed to pay on time, they are breaking the law. Collection agencies are not allowed to contact anyone more than three times a week to inquire about the same overdue payment. If something like this occurs, track the date and the time at which you were called each time, and then you will have proof once you make a formal complaint against them in court.

Threats

Some collection agencies threaten the people that they call to attach their wages in order to get the debt paid. This is illegal only if they are only making hollow threats and do not really intend to do so. If they really do take action to legally attach your wages to get the debt paid, then there is no valid reason for you to sue them. Make sure that you have proof that they did not fully intend to do that before you file a complaint, otherwise you will lose.

Make Sure Your Complaint is Valid

When you take a collection agency to court intending to sue them, you must make sure that the complaint you are filing against them is valid enough for you to have a strong case. If you go to court and do not have proof of harassment and a legitimate explanation of exactly what happened, with detail to back your story up, you will not be persuasive enough to win the case. It is up to you to track and monitor how you are being treated by collection agencies, and if you find fault in this treatment, use it as proof against them for their crime.

What Should You Know About When Dealing With Debt Collectors?

Questions And Answers Regarding Debt Collectors

A debt collector may contact you in person, by mail, telephone, telegram, or fax. However, they cannot contact you at unreasonable times or places. Also, they cannot contact you at work if your employer disapproves or at home if you have written them and told them not to do so.

A debt collector is any person, other than the creditor, who collects debts owed to others. This also includes attorneys who collect debts as a regular source.

You can stop a debt collector from contacting you by writing a letter to his collection agency asking him to stop. The agency many only notify you if the debt collector or the creditor intends to take some specific action. Within five days after you are first contacted, the collector must send you a written notice telling you the amount you owe, the name of the creditor, and what to take if you believe you do not owe this bill.

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not, the collector may contact other people but only to find out where you live and work.

Collectors are prohibited from contacting allowable third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney the reason why he is trying to reach you.

Also, a collector may not contact you if, within 30 days after you are first contacted, you contact the collections agency stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill, etc.

What Debt Collectors Are Prohibited From Doing

They may not use harassment such as: 1) Use threats of violence or harm; 2) Publish a list of consumers who refuse to pay their debts; 3) Use obscene or profane language; 4) Use the telephone to annoy anyone; 5) Not identify themselves; 6) Advertise your debt.

Collectors may not state that: 1)You will be arrested if you do not pay the debt; 2)They will seize, garnish, or sell your property or wages, if the collection agency or creditor does not do so; 3) Actions, as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to do so.

Debt Collectors may not: 1) Give false credit information about you; 2) Use a false name; 3) Send you anything that looks like an official document when it is not.

They may not make false statements such as: 1) Falsely imply they are attorneys; 2) Falsely imply you have committed a crime; 3) Pretend they work for a credit bureau; 4) Misrepresent the amount of your debt; 5) Indicate the papers being sent to you are legal when they are not; 7) Or indicate the papers being sent to you are not legal when they are.

You have rights. But only you can assert them. Do not ignore the debt collectors or their letters. Some collectors follow the law, but you are responsible to ensure any contact with them is lawful. If they violate your rights, they sure will not sue themselves.

When dealing with collections agencies, make sure you are familiar with the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Check out the Fair Debt Collection Practices Act website. It is great and has almost everything you will ever need.

How To Repay Your Student Loans Quickly

When it comes time to repay a student loan there are several things that are musts that you have to abide by order to make sure that this is positive credit experience. I personally feel that how you handle the payments with your student loans will be a significant factor on how you deal with mortgage payments, car payments, and any big bill you will face for the remainder of your life…

As many of you know when you default on your loan if you forget to pay your bills. You need to make sure you read over the promissory note for the loan so you are properly aware your loan conditions, responsibilities, and rights. You’ll want to be sure to avoid guaranteed online personal loans if you can help it.

These tips I am going to bring up are going to make a difference whether this is a make or break experience.

1. Review Correspondence

First of all, review and comprehend all of the papers, verbal converstaions and other communication you have between you and your lender, servicer, and/or loan holder. Respond quickly when they require your time because this can be helpful for any alterations they may have.

2. Keep The Creditor’s Number Handy

Many people move or change their name or address for whatever purpose. Just be kind to your creditors and tell them that you have made some adjustments and do so immediately. Also get a hold of them if you have questions about your statements, issues with on time payments, or also when you want to look at deferment and/or forbearance as options to help with your payments.

3. Know Deferment And Forbearance Options

Also understand that sometimes you payment problems, make sure that this is always a priority to handle for the benefit of your credit. Make sure you are knowledgeable about deferment and forbearance and you are able to exercise your options when you need them.

4. Student Loan Consolidation May Be Necessary

Another option may be for you to look at loan consolidation and how you can combine payments and lower interest rates. This can save time and definitely money short term, long term could be another issue.

5. Be On Time

The main priority is that you send your student loan payments on due dates, for the full monthly payment amount or more, even if you don’t get a bill. If you don’t do this then this hurts your credit and as I said this will be a large factor on how you handle loans and monthly payments for the rest of your life. You don’t want to start having bad habits now at this early stage in your life for credit issues such as getting a mortgage, furniture, cars, cell phones, etc.

6. Pay Off Your Student Loan As Fast As You Can

Understand the payment options provided by your lenders to support your situation financially to get ahead. With some options, you can minimize the total cost of the loan by making higher monthly payments to save money down the road after school.

With all of these points remember to keep focusing on ways in your daily expenses to save dollars here and there or to make more money here or there with a small business or a part-time job. Cut your corners and save yourself financially so you can enjoy your future.

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