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  #1  
Old 11-19-2002, 12:00 PM
pck
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Question

Collection Agency's right to sue


What is the name of your state? Georgia

I hope you're still willing to help me (Ladynred, Bigun, all others). I tried to search the answers to my questions by reading previous posts but unable to find all of them.
1. From what I've gathered in this forum, not all CAs have the right to sue. Is that true? How can I find out about their legal authorities?
2. When they inform you about taking you to court, can I ask them to proof it or challenge them to go ahead pursue it?
3. I have agreed to a payment plan with one of the CA and have actually made couple payments, but I was late on the last one since I decided to file Ch.7. Should I go ahead continue paying so they won't sue me? I think it's too late to send a Debt Validation letter on this one.
4. How would I know whether a CA is in the process of suing me, assuming they can? I'm afraid they will go ahead with it before my petition for bankruptcy is filed.
5. Regarding FDCPA, one CA can only call you between 8AM and 9PM. What's the max number of calls can they make in one day?
6. Is there a way to find the name and addresses of CA when they only left their number on the voice mail?

I hope this will be my last inquiry. Thank you all for responding.....
  #2  
Old 11-19-2002, 07:18 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
1 - Yes. If they OWN the debt, they can sue, if they are only ASSIGNED the debt, as 90% of them are, then the OC is the only one that can do the suing. You have to find out if the CA purchased the debt or was assigned the debt.

2 - It is against the law, FDCPA, for them to threaten you with legal action that they cannot or do not intend to take. If these bozos say they're going to sue you, ask them for an exact date, 99% of the time they can't do it, they can't or its just their usual threats.. and a violation of the FDCPA.

3 - Since by paying you've admitted the debt, validation would be pointless. However, if you know you're going to get filed soon, then quit paying these scum CA's and save your money. It takes time to sue, and there are ways you can delay them if they do.

4 - You'll get a summons , either served by someone or certified mail.

5 - Per the Section 806 on abuse, they cannot call you so many times as to be a nuisance... read the section.

6 - Sometimes.. those phone numbers don't usually work with reverse lookups. Your best bet is to search the web or other forums... somewhere there's someone who's heard of most CA's. However, by law, they MUST contact you by mail notifying you that they are collecting on the debt and give you the chance to dispute it. The addresse should be there.
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  #3  
Old 11-19-2002, 08:44 PM
pck
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Thank's a bunch, Lady. I knew you wouldn't leave me in the dark...
I did find the address for NCO and Phillip & Cohen Assoc. from other web forum ( I think I read some of your posts on the Credit Info Center discussion board... ).I guess since a DV letter would be useless, I'd send them the C & D letter. I hope I still have enough time to get my bankruptcy petition filed, before they take me to court. Wish me luck!!!
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