Lawyer collection calls

[repotrouble]

What is the name of your state? Texas
I had a car through Household Finance. I voluntarily asked for repossession, since I couldn't pay it anymore. They sold the car and I received a letter saying there was some money owed. I received a call today from a lawyer saying they would file suit if I did not pay or made a payment plan and that I had until 8 p.m. to call them back. Should I tell them to file suit and fight in court or should I agree to a payment plan without even considering other options?
Thanks.

 

[HomeGuru]

What is the name of your state? Texas
I had a car through Household Finance. I voluntarily asked for repossession, since I couldn't pay it anymore. They sold the car and I received a letter saying there was some money owed. I received a call today from a lawyer saying they would file suit if I did not pay or made a payment plan and that I had until 8 p.m. to call them back. Should I tell them to file suit and fight in court or should I agree to a payment plan without even considering other options?
Thanks.

**A: you are not asking a legal question.

 

[repotrouble]

Car debt collection

My question is, can a lawyer or a collection company disguising themselves as a lawyer file suit without contacting me other than by phone about this debt? I just don't want to be conned into a payment plan since I moved from out of state two years ago and don't really know what are my options, if any, before agreeing to any kind of plan. If they file suit, what are my legal options?
Thanks

 

[Ladynred]

My question is, can a lawyer or a collection company disguising themselves as a lawyer file suit without contacting me other than by phone about this debt?

Who is the collection agency ?
Who is the 'lawyer' ? Is the lawyer local to your area/state ?? Are they one and the same ?? It IS possible.

From the tell-tale '8pm today' deadline, I'd be willing to bet its just a collection agency, they just love bogus deadlines to turn the screws on you. If the lawyer is not in TX, then you don't have a whole lot to panic about. They would have to hire a local attorney in order to sue you.

How long ago was this repo ???

They can't garnish wages in TX, but they can sieze bank accounts and any non-exempt assets you have once they get a judgment and judgments are good for pretty much forever in TX.

 

[repotrouble]

I checked the phone number and it said "Attorney's Office". This repo was only two months ago, and it was voluntary. My worry is basically that I don't know if they are an attorney and since I've only been in Texas 2 years that they could go and seek judgement against me without having a chance to defend myself or see what kind of agreement they are trying to work out with threats of suing.

 

[Ladynred]

Well, caller ID's can be spoofed to say anything you want them to say and collection agencies are using these spoofing 'services' more and more. Just because it says 'attorney's office' doesn't mean they aren't anything more than a collection agency either.

If they have your current address and they DO intend to sue, you would most likely be served at your current address. They can sue you at your previous residence, but if its in another state, they'd have to move the judgment to TX first.

YOu first need to find out exactly who is calling.

 

[moppet2003]

Am I understanding this correctly that the plaintiff has to hire a local (within state) attorney to pursue a lawsuit? Because I'm being sued in MN by a ND lawyer whose business letter paper states their licensed in MN. Anyone?

 

[Ladynred]

Well, in most cases these CA's have to hire a local lawyer because THEIR lawyers aren't licensed all over the country. You apparently have the misfortune of being sued by a lawyer who IS licensed to practice in your state.