If you look through FAQs and online information about debt and collections, a common question is “can collection agency sue for a debt?” The answer is yes. Not only can collection agency sue for a debt, but they most definitely will because the bottom line is they want the money. There are a variety of ways you can avoid being sued by a collection agency however.
First of all, the minute you get the information from the agency that you need to pay a debt with them, verify the debt to make sure it’s yours. Mistakes do happen, and these companies buy debts in bulk for pennies on the dollar. Some are less than reputable and have no problem trying to collect a debt whether it’s a mistake or not. So make sure you owe the money by finding the original creditor and looking at the balances for any discrepancies.
In writing, you should never call a collection agency if at all possible, contact them and ask for payment arrangements or some type of payment plan to take care of the debt. You can negotiate with many collection agencies about the debt, especially if they’re convinced that there’s no other way you can pay it.
Can collection agency sue for a debt? Yes, but it’s not always in their best interest to do so in every case. If someone has very little income and many living expenses, suing for a debt isn’t going to bring them in any money any time soon. And if the person rents, it can be even worse for them. While a judge can enter a judgment against you for the unpaid debt, they can’t require to you make payments if it leaves you with too little to live on. So the payments would be deferred until a later time when you can pay it, and often that day doesn’t come for some debtors.
If you own a home, then a judgment can be entered against you and a lien can be placed on the property. Depending on the size of the debt, you probably won’t be forced to sell your home to pay it, but a can collection agency sue for a debt and push that issue? Yes, in some cases they might convince a court to for the sale of your assets to pay a debt. Most likely, however, the lien will remain in place and when you sell the property what’s owed to them comes off the top.
You can be sued, and you will be sued if you don’t take care of the debt. So negotiate a payment plan with them in writing and stick to it. And also it’s a good idea to work extra hours, sell things you don’t need and earn any extra money you can to settle the debt as quickly as possible to get the collection agency off your back. Even if you’re paying regularly they can opt to start legal proceedings at any time, so get out from under that debt.
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Tags: Bankruptcy, Collection Agency, Credit Card Debt, Credit Counselors, Credit Help, Debt Collection, Debt Consolidation, Debt Help, Debt Relief, debt tips, debt tree, Personal Finance, Reduce Debt
This entry was posted on Thursday, February 11th, 2010 at 8:43 pm. You can follow any responses to this entry through the Post RSS Feed.



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My uncle have lot of debt.he constantly took payday loans from many local lenders.Finally the collection agencies sew him.
best two pieces of advice in here was the fact that the collection agencies buy these in bulk for pennies on the dollar and they are prepared and willing to negotiate — especially if they think that there is no other way you will be able to pay the debt.
these guys almost always want to get the debt paid in front of a bankruptcy because they will almost always get paid more rather than being lumped in with all your other unsecured debt which will usually be almost wholly discharged by the judge.
This is a very interesting article because there is some debate of the legal principle of if you can trade the legal right to sue. In the past it has sometimes been called champertry, but this is quite an old legal doctrine.
Great stuff! Good read, I’ll visit again.