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When will the Collection Agency sue you?

By Debt Prison on March 26, 2009

There’s no absolutes as to when a collection agency will sue you for debt owed. Today a friend of mine received a summons for a civil suit from a collection agency. This article is pretty much part two of this article which I wrote earlier on. He was trying to wait them out hoping they wouldn’t sue. This is the second friend I’ve seen sued over the years by collection agencies.

**Disclaimer – Debtprison.net does not administer legal or financial advice. The contents of this website are my opinions on collection agencies and how to deal with them. Nothing on this website should be interpreted as legal advice or council. No opinions on this website should be used to replace the advice of your financial advisor or your legal council.

Here are the facts on the recent case.

He owed $5,000 to creditor on a high interest credit card.

He stopped paying the debt one year ago.

Received a collection letter from collection lawyer (debt ballooned to $6,000) in another state not licensed in Mississippi. I advised to ignore the letter since the collector couldn’t sue in MS court.

Debt was transferred to another collection agency in TN which has a lawyer on staff in MS. They mailed out a collection letter to my friend two months ago describing the debt in the amount of $6,200.

My friend ignored the letter and did not request validation of the debt.

Summons came yesterday for civil suit for debt.

It doesn’t always happen this way. And in the case of my friend he is an unlikely candidate for civil suit. He has no assets, is a student in college, and has a part time job. Even though it will take the creditor probably years to retrieve their money with a judgment, they still pursued the civil suit/judgment.

My other friend was sued under the same circumstances. He was a full-time student and had a part time job with no assets. However, some people go years without being sued.

So what makes a person more likely to be sued than another?

There really are no certain criteria for determining when and if a collection agency will sue you.

For some hints check out the following articles I’ve written on the subject:

How to avoid a lawsuit from a collection agency

The more money you owe the more likely you’ll be sued within 18 months or less.

If you move to another state and fail to update your information (by not registering to vote, getting a new Drivers License, or applying for new credit) you can make it difficult for the collection agency to locate you. If they can’t locate you before the Statute of Limitations has passed you should be in the clear.

If you have assets like a car or home and a decent job then you are a good candidate for a lawsuit. However, the lack of all of these items doesn’t necessarily mean they won’t sue. And the more debt you owe the more likely they’ll sue.

Don’t forget to mail out a Debt Validation Letter in response to each collection letter you receive.

I’m advising my friend to get a lawyer to represent him. This can prevent him from being abused by the collection agency by paying a bunch of phony charges. Often, without any assistance, you can end up paying much more than what you should.

** Remember, the best way to solve these problems is to pay the debt and get it out of your life.

Discuss this article and meet new people at Debt Prison Forums.

Related Articles

* What is a Junk Debt Buyer?

* Restrictions on Wage Garnishment for Debt Collection.

* The Fair Debt Collection Practices Act

* Reasons not to file Bankruptcy or Settle Your Debts

* Can you go to jail for not paying your debts?

* How to settle your debts on your own

* How to deal with collection agencies

* Sample Debt Validation Letter

Debt past the Statute of Limitations and Collection Agency still suing?

By Debt Prison on December 8, 2008

If your debt is past the Statute of Limitations a collection agency or creditor can still sue you in civil court as an attempt to obtain a judgment. So why does the Statute of Limitations (SOL) exist and how can you use it towards your defense? If you have any questions pertaining to this article please leave a comment at the end of this page. See also, Debt Prison related article Sample Debt Validation Letter.

A statute of limitations (pertaining to debt) is a statute in our legal system that sets forth the maximum period of time, after certain events (default on payments), that legal proceedings based on those events may be initiated. The SOL for defaulted debt will vary state by state which you can look up by clicking here. The SOL can vary wildly… in New York it’s 6 years but in Ohio it’s 15 years (sucks to be in Ohio). The date on which you miss your first payment starts the clock on the SOL. For example, in Texas the SOL for defaulted debts is four years. So if you miss your first payment on August 30, 2008 – your creditor has until August 30, 2012 to file suit and still be within the SOL. So why would a collection agency or creditor file suit on defaulted debt after the SOL has expired?

You need to show up in court to defend yourself

Though the debt may be past the SOL… someone needs to show up in court and explain that to the judge. That someone should be you. So if your debt is past the SOL and you get served a summons for a civil suit from a collection agency – just make sure you walk into court on the assigned day and explain to the judge why the debt is past the SOL. The judge will then dismiss the case. It would be a good idea to take any paperwork into court with you to help support your defense.

If you fail to show up in court and defend yourself the collection agency will likely win a default judgment. So you want to make sure you show up in court to prevent the default judgment. Also, it would be a good idea to converse with the collection agency and try and convince them to drop the suit before the court date. Since their appearing in court and having their case dismissed would be a complete waste of their time…. not to mention yours. Sometimes it’s worth a phone conversation to convince the plaintiff that their case won’t stand up in court and therefore should be dropped.

Can the collection agency still sell my debt to another agency?

Selling debt is becoming a world wide industry. Junk debt buyers are buying up debts on which the SOL has expired and even debt that was absolved due to bankrtupcy. Why would a company buy such debt? Because many people will become intimidated and pay the debt. Most people simply don’t know their rights.

But can’t the clock on the SOL get reset?

Yes…. the clock on the Statute of Limitations can be reset by a couple of different circumstances. First, if you make any payment (no matter how small) on the defaulted debt the clock on the SOL will be reset. So in Texas the collection agency would then have a fresh four years to drag you into court to obtain a judgment. Also, in some states if you acknowledge, over the telephone, that you owe the debt or that you will try and make a payment – the SOL just got reset! So be careful what you say over the phone.