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Should You Fear A Law Suit From Collections?

Nov 20, 2007
Perhaps you have failed to pay your bills on time for the last few months, and now you are having trouble paying them altogether. You are not sure exactly what they can do to you if you do not pay your debt, but all you know is that you definitely do not want to get sued. Can a collection agency really take you to court and sue you if you neglect to make your monthly payments?

Here is another part of the scenario for you. Probably, during all this time of stress and worry about money, you have had several calls from the collection agency. The question is, what kind of trouble are they giving you to persuade you that will make you pay your debt? Could there possibly be anything that violates the rights you have when it comes to dealing with collection agencies?

If you do not pay at least the minimum requirement that the lender you borrowed from asks of you each pay period, you owe quite a bit of money to that lender, and the collection agencies have been trying to get you to pay it, but to no avail, you may very likely go to court and be sued. However, it is not the collection agency that will be suing you, but the lenders themselves. Collection agencies cannot sue you for not paying the money that you owe to your lender, unless they are a collection law firm.

The good part about all of this is that even though collection agencies cannot sue you, but you can sue a collection agency if you feel that you are being wronged by that agency. There are sometimes when you are allowed to call the collection agencies on the actions they took concerning your neglect of payment IF there was some violation of the law in their doing so. There are certain things that collection agencies can and cannot do, which rules they must abide by, just as we are obligated to abide by the specific rules that are set for us.

Collection agencies are not allowed to harass the people they call to collect debt from. On behalf of your creditors, they are obligated to call you and inquire of you the money that you owe, that is past due. Still, there are several things that the collection agencies are not allowed to do because they violate the laws that protect the credit holder's rights dealing with credit agencies. Here are a few examples of harassment.

If a collection agency calls you in behalf of the same creditor more than three times a week, they are violating your rights. They are not allowed to call you more than this, and they are only allowed to call you during certain hours of the day. Collection agencies may be calling you too much, resulting in harassment, in which case you should record all the times and the dates on which you were called, then file a complaint against them.

Another thing that collection agencies do that is considered harassment is that they sometimes ask for information about you other than your phone number and address from other people that you know. This is also illegal. If this occurs, make sure you use the person who was asked the information about you as a witness in your complaint against the credit agency.
About the Author
Court provides information about credit repair with bad credit personal loans and is an expert on internet marketing.
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