Please Help!! Credit Collection Regulations

[JENWIG]

What is the name of your state? CALIFORNIA

Hi - I have a creditor that is threatening me that he is going to send my debt to the "lawyers" at his "firm" and that they are going to take me to court. The amount he says I owe is for only $750 - from a credit card - He also threatened me that if he wanted he could get a judgement into court today and they can garnish my wages - Now I thought if any "court" judgement is going to be rendered, I would have to be served with papers at least to be notified that they infact are sueing me. Also, I have never had this happen before and I have had bigger debts in the $1000's + and I have never had a wage garnishment - Is this guy for real???? Can he infact garnish my wages without anything going to court (myself included)??? I know these guys like to threaten people, but he took it a little too far, and I'm kind of freaked out. Any advice would help!! Thanks, Jen

[tessa]

The amount doesn't really matter..Yes, he can take you to court. No, you have to be served papers prior to any court date. You will have time to answer the complaint. either make payment arrangements to avoid court or go to court and see what happens. Don't let the amount fool you. For an amount like you described, it seems this person is clearly doing this to cause you aggrivation. but it doesn't matter, if you owe the money, he / or his attorneys can legally come after you in an attempt to recover the funds. The only time they could get an automatic judgement would be, if you don't show for court, then it is considered a default. If you do go to court and lose, you may be required to pay right then. Or they may immediately petition the court to execute a judgement for garnishment.

[Peppers]

Great info...
creditinfocenter.com

Scroll down to States of Limitations on Debts

[debtcollector`]

And now for some correct answers:

It is impossible for a creditor to get a judgment in a day. It is highly unlikely that a judgment could be gotten in less than a month.

Therefore the collector that said that is in violation of the FDCPA. Collectors may not threaten to take action that they cannot or do not intend to take.

I have sued people for $126 so I can assure that the amount doesn't matter. However, the defendant still has to be served.

The collector is treading dangerous ground and most likely will be sued himself for the violation he is committing.

DC