Can a Collection Agency Take Me to Court?

[@AdelbertMeek-mt1ml]

I am on SSI.I was stuck with thousands of dollars of debt in a bad divorce.Collector harassed until I informed them my SSI can not be garnished.It can only be touched by IRS or for back child support..Social Security informed me my SSI can not be garnished.

[@loghome7061]

Did they still sue you for the money?

[@AdelbertMeek-mt1ml]

@gr ve dont need a car idiot.I dont drive.I have glaucoma am blind in one eye and loss of sight in other.Cant walk long distances ride in electric wheelchair.

[@lindagoulder8934]

I must have been one in ten thousand then, which was sued by a third party collections agency, for a small debt on an outstanding credit card, which I was unable to pay, due to job loss. The third party collections agency won, they kept adding fees. Until, the debt grew to over a thousand dollars, I struggled to pay off, the debt. When, I made my last payment this third party collections agency, tried to assess me, another hundred and fifty dollars. But dropped this amount, when they realized that I had made my final payment; it was a real learning lesson and I will never have another credit card again.

[@skan1962]

Doug, you helped me several years ago with a consumer proposal. I hadn't realized how bad it was but your staff helped me through it and my meeting with you before commencement of the proposal helped much. I never wanted to owe anybody but it is sure easy to get there but you did guide me back to solvency. Thanks again.

[@zachh2776]

Im in the US. My wife and i made some poor decisions financially. Namely, buying a timeshare in las vegas in which we agreed to pay monthly via a credit card automatic payment, $400 per month, for 10 years was the agreement. Well all was good for a year, then we fell on hard times, both lost our jods, collected unemployment, worked part time, but never reached the same combined salary that we had when we bought our timeshars. All this time, $400 per month on our card. We switched our debt from one card to another as each got maxed out. Before we knew it, we were $30,000 in debt, all credit card debt. So, we were pursued by collection agencies and then oneday a lawfirm sued us. So, we got an attorney, answered our court summons, and were forced into bankruptcy. This was in 2006 roughly. I think it was chapter 13. So, in our bankruptcy settlement, we paid $333 per month to a thrid party, who distributed it out to our former debtors. We did this for 3 or 4 years and it was discharged. It was the best thing that could have happened. Our credit was shot for 7 years. But at least we could eat, buy clothes for our son, and take an occasional weekend trip to the beach. So, yes, you can be sued. But if u can, file chapter 13...if your debt is too high. In hindsight, it saved our marriage. Well, now were divorced, lol. But that is another story.

[@HollyMusic72]

Currently in 2 lawsuits for old medical debt. Ugh 😑

[@victormenke9343]

Debt collector suing me, but this account was closed, but now it's open, according to credit report . How did the account get reopened?

[@MOJOXL24]

I got sued by Portfolio Recovery Services for a $3800 debt, hired a firm to represent me, got the case dismissed, then they sued me again for the same debt and dont know how to proceed if they can just keep suing me.

[@LL-zp4xo]

I don’t think they can keep suing you for the same debt over and over again. You just go to court and let the judge know that this issue has been already solved. Counter sue for harassment and waisting your time. Report them to the Federal Trade commissions

[@achancha]

May I ask how much did you pay a lawyer for your case?

[@MOJOXL24]

@@achancha $750 the first time.

[@sirinuntuntawiroon7910]

@@MOJOXL24 Thank you for your answer. So do you hire the same lawyer for the second time?

[@MOJOXL24]

@@sirinuntuntawiroon7910 i did, but they only charged $250 the 2nd time. I dont think ill pay a 3rd time if it happens again.

[@estelachavez9198]

Thank you for your advice. I’m on social security.

[@austintrevino4861]

Social security cannot be garnished or taken away

[@sk8tb1]

sign a 12 month commitment membership at gym and only went for 3 days to the seller. in the papers I can get out in 3 days. but guess what the seller/and every single associate bullshitted me with "in order to get out I have to meet up GM." sure no problem. but everyone lied telling me shes pregnant. out of town. vacation. comeback next week again and again. I cancelled my debit card immediately. I tried contacting GM but she has blocked certain recipients. now collection agency mailing me to re activate my debit card. my mom is afraid thinking theyre going to handcuff me bs

[@eilishkelly3689]

I separated from my husband in 2017 and I was left penniless with no legal separation agreement. We had a credit line together for $24,000 he paid about 9 months of payments and then stopped. I’m 61 years old and I live pay check to pay check earning a little over minimum wage.A couple of years ago I told the bank I couldn’t pay back the dept.I have since gotten a letter from a collection agency looking for money.There is no way I can afford to make payments as I barley survive with what I earn. I have no idea what to do.

[@wellnesscanceradvocate8564]

See if you can file bankruptcy

[@jacymilicia2451]

I messed up and answered a call and they stated they went to my house to serve me at (address, 4 yrs old, no longer live there) after I stated they gave me a docket # and when told what it was about i was transfered. Long story short He got loud with me saying i was lying but he kept saying he is with and in a federal building. Him getting loud with me had me end the call. Is this a scare tactic? This is for a LOAN.

[@TampaJohn]

Yes, it’s a scare tactic, but definitely illegal. I have seen creditors successfully sued for doing less than that. They are not permitted to intimidate or harass in any way. Start recording your calls. You may get some fodder for a. nice lawsuit.

[@TampaJohn]

Also, why he would be in a Federal Bldg is beyond me

[@Brandi.Nicole]

Counter sue for emotional distress. Lawyers will jump on it. Call around and record when they call.

[@jonspear6988]

Do NOT record your calls without their knowledge. It's a felony aka "illegal wiretapping"

[@JennHayden]

thank you for answering my question. I read between the lines.

[@bsharp1981]

I worked in a law office that was also a collection agency. When we took people to court if one they are local, the balance is over $1000 and lastly are they even worth it such as if they are old and on social security not even worth it. Also a majority of the time the debt is sold not assigned that’s why you can settle fir way less because it was bought fir pennies on the dollar

[@Mr_Banker222]

Can you get sued after settling a debt and receiving a fulfillment letter from the law office?

[@bsharp1981]

@@Mr_Banker222 nope. There is a chance a debt collection agency bought it. We call that graveyard collectors. As long as you have proof You paid it off you are good . The most important thing is to follow up. Just saying it’s paid does nothing

[@Mr_Banker222]

@@bsharp1981 I'm actually waiting for my fulfillment letter. it's my right for them to give me that right? they said it takes 30 days to process but the debt is resolved

[@bsharp1981]

@@Mr_Banker222 you have 30 days after you are first informed of the debt. If you have proof you paid it off provide it to them.

[@carledwards7524]

Awesome video. Very informative!!

[@gbear1005]

If the collection agency is from out of state, verify that they have a current license in the state you live in. Ifnthey are collecting debt they BOUGHT then they may not have to be.

[@spicaguy4157]

Hello. I would appreciate some clarity on the comment made in the video regarding a RECORDING being used as an acknowledgement of debt. I do not see that in the Nova Scotia statute. I believe they are required by law to record their calls to protect consumers; a consumer can request a transcript if they feel their rights have been violated, they have been abused, etc. Thank

[@JDouglasHoyes]

Since we only operate in Ontario, I'm not able to comment on the law in Nova Scotia. Collection agencies are regulated provincially, so the laws are different in each province. So, unfortunately, I don't know the answer to your question. You could consult a lawyer in Nova Scotia; if the statute is not explicit, case law may have the answer.

[@spicaguy4157]

@@JDouglasHoyes Thank you. If it were Ontario, what do you think?

[@JDouglasHoyes]

@@spicaguy4157 If it was Ontario, all that really matters is whether or not a creditor can convince a judge that the debtor has acknowledged the debt before the expiration of the limitation period. I'm not aware of this ever actually happening, but in theory, a creditor could go to court and say "hey, judge, listen to this recording where the debtor acknowledges the debt" and if the judge agrees, the creditor wins. However, if I was a judge, I would want proof of the DATE the recording was made, so a simple recording would not be sufficient (if I was a judge). More importantly, this is an area of law that is not commonly an issue in court. Most of the court cases regarding the limitations period involved big corporations suing businesses for tens or hundreds of thousands of dollars. If someone owed a bank $10,000 on a credit card it would be very unusual for the issue of limitation periods to be an issue requiring a court ruling. Most big personal lenders start their lawsuits between months 12 and 18, so the limitation period is almost never an issue.

[@spicaguy4157]

@@JDouglasHoyes Okay. Thank you. So it seems that the time frame for acknowledgement of the debt has to be within the 2 years? Thanks

[@ZachNasty]

Calvery credit collectors are coming after me for a citibank credit card,. Its $806,. I got a letter from a credit repair company today telling me I'm being sued and was offering a deal to help me out, they had the info on the letter from the debt collector,. its weird I got a letter from a credit repair company telling me about it,. $800 isn't a big debt to be sued over I feel like,.

[@SonicBoomC98]

That first one usually adds something to the balance.

[@marktonylindo4627]

SO if the debt company bought your debt then it now belongs to them and not you they bought it and what if the debt is like 6 or 7 years old ??

[@gbear1005]

Then they rolled the bones and got snake eyes. Past statute of limitations is past the statute of limitations. You can sue them back.

[@jliz6435]

Should you try and settle before going to court?

[@fedalisgonzalez2461]

.just because a collection agency 'bought' your debt .and can prove they did..does that mean i still have to pay them when they never provided goods or services to me and i had no signed contract with them. Can i use that argument in court? Does it work. Im being sued..is within statute of limitations ..My debt isnt to them. It was to the original creditor who will not take payment from me.

[@juliosantana555]

I got collection send me to court wat can I do I got people work on me credit repair wat can I do

[@LL-zp4xo]

Following

[@josechicosqui2008]

So, what happened. Anybody end it up going to court or no ?

[@karenlong9836]

Is there a statue of limitations in Ohio on money owed to a bank ( Huntington). They say it’s on a checking acct. from 2005-2006. I honestly do not remember and outstanding ( $900.00 ) monies for this bank. Supposedly they are trying to serve me with a summons for court. Then she started threatening with garnishment. I’m on SS only. But then went on to say they would turn into have ( my current bank ( 8 yrs ) closed and never be able to have another acct for 7 yrs. I did tell her I knew nothing about iany monies owed to that bank. Also I actually opened an acct a few years ago ( 7-8 maybe for approx 1-1 1/2 yrs ) with Huntington with no problem. . it was for a political fund I was treasurer. I did closed it with a 0 bal. Any info would be helpful. Thank you so much.

[@estelachavez9198]

If I’m on disability and owe credit cards what happens if I stop paying? They already canceled three credit cards and send them for collection. What do do because I just can’t pay them.

[@dmana3172]

Do not respond to phone calls. If they call you, hang up, don't verify that is you. Don't pay them. Then you will be fine. Also if you are drawing Social Security, they are not legally allowed to garnish your wages.

[@friedpickles342]

What if it's the landlords insurance company coming after a tenant?

[@wellnesscanceradvocate8564]

Mine turned into a judgment and I didn’t show up so now they are trying to garnish me. They added on 26,000 in interest and fees. The original debt was 10,000 in 2008 . I’m not paying that 26,000 . I have no other resort but to file bankruptcy. They left the Summons on the door with my apartment number . The first sent it to my old address.

[@chuanleilu889]

HOA made unreasonable fines (without any evidence) and lien, how can I remove the unreasonable fines and lien ?

[@tamaramcrae1347]

I got summoned on thrusday, but the letter stated that the bank is suing me and not a collection agency. The letter stated I open the card in 2014 and racked up $10,000 and never paid. The way it’s stated I never charged 10k in 2014. 🤔

[@wellnesscanceradvocate8564]

Just be careful because they can sue you later .look up your statue of limitations for the debt for your state.

[@abdallahgibril4836]

I have been paying my debt for almost 6 to 7 years untill I lose my job.. Now debt collectors are contacting me for payment and I am jobless and I can't pay off the debt... Please what should I do or what's going to happen to me?.... Please can someone tell me.. Thank you

[@daviniarobbins9298]

Don't these companies usually have insurances on unsecured debts just in case the holder of the debt can't for any reason pay anymore?

[@brizzchizz7302]

What about a charge-off where once it is sent to Collection Agency it can not accrue further interest? Should i just settle the $3200 and offer $900 take or leave?

[@brizzchizz7302]

unemployed in other debts

[@TampaJohn]

I’m in the US. I got sued several years ago by Calvery for 1800.00. I hired an attorney for free, who would only be paid if he won. And it was only 200.00. He won. No surprise. Now Calvery has another debt of mine for 1300.00. I’m on disability, which is the reason for the debts to begin with. I had a very good job prior to getting sick. So it’s not as if I’m a deadbeat. What are the odds I’ll be sued again?

[@TampaJohn]

@Michael Stawski III I started getting solicitations from attorneys after I got the lawsuit filed against me. This guy promised to do it for free unless he won. I imagine there are some on google, depending what you put into the search engine.

[@anujshrigiriwar2901]

Hi great video very informative, thank you. Quick question. Do you carry your US credit report with you if you move out permanently from the USA ? For example if you were to migrate to Canada from USA would it hurt your life there too ?

No!!!

[@cassandrac.dillard5241]

im disabled with m.s. live alone, have no children, no man, friends or family to help, just got a warrant saying im being sued & have to go to court in september. credit card debt, $1800 on one card & $1600 on the other. all i get is disability & no extra income. i also get no tax refund. im struggling but trying to make it. do i need a lawyer? what do i do please? im scared.

[@DebtFreein30]

Hi Cassandra, are you in Canada?

[@cassandrac.dillard5241]

@@DebtFreein30 im in the United States

[@DebtFreein30]

@@cassandrac.dillard5241 Unfortunately our rules here are somewhat different in some cases. I would suggest maybe talking to a reputable lawyer over the phone in your area to get some quick advice before deciding how you would like to move forward.

[@bestintentions6089]

how does one find if there any judgements against you?

[@Jinjerbread317]

I received a summons and complaint from a law firm.

[@jodlen49]

thanks guys

[@nurseforever3678]

Used to receive a lot of notices from collection agencies but had slowed down quite a bit. I have debts that had been charged off. Am thinking of doing the DMP or BK chapter 13 to be able to pay off these debts. Which one is better?

[@DebtFreein30]

We're in Canada, so the rules around personal bankruptcies are somewhat different. I would suggest consulting a bankruptcy lawyer in your area to find out what your best options would be. Thanks for watching! Hope all goes well.

[@cuauhtliastorga7869]

But can a collection agency take me to court even if i am making small payments but they want me to pay bigger payments per month?

[@chrisortega270]

Its a scam i had one say they had a claim and and sue me but two different agencies were claiming ownership it was suspicious to me and i cancelled my card cuz i think it was a scam

[@martinezj205]

JKKkz

[@Ethanlikewhat]

Stop payingggggggg

[@debbierobinson4930]

You are talking about large amounts, what if it is $1627.00

[@Tamsuii]

Not likely. I had a $10,000 Scam and my bank dropped my charges without being sold to a collector. It's only likely if it's over $25k

[@brizzchizz7302]

@@Tamsuii Mine was sold to Collections for $3200 now they trying to get it all. NOPE

[@jannetatrenholm3141]

Please I need your advice! I am 65. Got sick in 2019,lost job due to virus. Accumulate debt of $20k with CC. Not on the collection yet,but probably will be soon.I am a widow, so with the little money I receive every month, probably will not be able to pay. What is your advice? Please respond!🙏

[@DebtFreein30]

Please contact us at Hoyes.com

[@teresabearden5168]

They can write it off on taxes I know they do then try to collect it’s a loss to help on taxes

[@daviniarobbins9298]

If a debt has been sold to a debt agency you are under no obligation to pay(no contract). Tell them to go whistle.

[@BaronBrand]

Davinia, if an agency buys a debt in canada, they can take court action using the original creditors contract or statement of account ... but debt buying under the two year statute of limitations are rare ...

[@tinkerkell11]

I got a court summons for 2500 yes they will take you to court

[@pconsolegamer]

It it's from 2nd or 3rd party agency NO!! they cannot take you to court.

[@pconsolegamer]

@@Puppynessaz They will put a judgement on you. How much do you owe?

[@pconsolegamer]

@@Puppynessaz dont be afraid of them. If it's from 2nd or 3rd party they can't do anything unless you told them it belonged to you.

[@dr.jones.3832]

One possible way out is thru bankruptcy, then just start over!! its all some can do sometimes.😞

[@lilaxel9431]

What can happen if I don’t go to court if I get sued

[@unknowng1454]

You better go, they will get an automatic judgement against you

[@lilaxel9431]

unknown G what is automatic judgment

[@unknowng1454]

An automatic judgement is when the judge gives the collection agency automatic permission to garnish your wages because you did not show up to court.

[@lilaxel9431]

unknown G but what if I don’t have a job I don’t have a social Im a college student and my Wells Fargo account it’s close how can they take out my money

[@lilaxel9431]

unknown G last question when the agency call me do I admit it’s me or do I tell them it’s not me and to email me all the information that I own the debt

[@gbear1005]

Collection agencies rarely if ever take you to court.. debt BUYERS do.

[@RK.7796]

what is the difference between collections agencies and debt buyers ?

[@zatoichiblindswordsman4683]

How do you contact debt free in 30

[@DebtFreein30]

via hoyes.com

[@jerryshelton5268]

It's illegal for someone to sale your debt

[@jliz6435]

Do debt collectors know how much money you have?

[@Brandi.Nicole]

No, that’s why they sue you. During court assets are considered until then they don’t know anything.

[@pconsolegamer]

No they can't. They buy these loans for like 10 bucks from the Company you originally owed. That's their problem now. No one is going to pay on a charge off.

[@bigbrother2699]

There watching you

[@wellnesscanceradvocate8564]

Very helpful . Thank you