Ask Experts Questions for FREE Help !
Ask
    alana1234's Avatar
    alana1234 Posts: 5, Reputation: 1
    New Member
     
    #1

    May 14, 2009, 11:57 AM
    Can a collection agency be held liable for not giving correct information?
    I am being sued by a collection agency. I received a letter stating that if I did not resolve this matter within 10 days, I will be sued. I talked to them on the last day and offered to pay so much a month until the bill was paid. The guy told me he would call me back and let me know if that was acceptable. He never did. I called back all day and they told me he no longer worked there and someone else told me call back another time and hung up on me. I sent in a fax asking if my agreement was okay and no one still called me back that day. I knew that was the last day to work out this agreement to prevent from being sued and they would not call me. Now I'm being sued. Can they do this? They said it was not resolved and therefor I'm being sued
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    May 14, 2009, 12:27 PM

    As long as the debt is not paid, yes, they can sue you. It is not an uncommon practice to come to an agreement and have the creditor sue and collect a Judgment - if you default, they then don't have to worry about the Statute of Limitation.

    For whatever reason it would appear that your offer was not acceptable to the creditor.

    The correct or incorrect information has nothing to do with your original debt.

    You have posted that you are unemployed. The creditor would have this information and may very well have decided that you are unable to pay.

    Not saying it's fair but they are under no obligation to reach any agreement with you other than the original agreement under which you got the money/credit card/whatever is involved.
    alana1234's Avatar
    alana1234 Posts: 5, Reputation: 1
    New Member
     
    #3

    May 14, 2009, 12:53 PM
    Quote Originally Posted by JudyKayTee View Post
    As long as the debt is not paid, yes, they can sue you. It is not an uncommon practice to come to an agreement and have the creditor sue and collect a Judgment - if you default, they then don't have to worry about the Statute of Limitation.

    For whatever reason it would appear that your offer was not acceptable to the creditor.

    The correct or incorrect information has nothing to do with your original debt.

    You have posted that you are unemployed. The creditor would have this information and may very well have decided that you are unable to pay.

    Not saying it's fair but they are under no obligation to reach any agreement with you other than the original agreement under which you got the money/credit card/whatever is involved.
    Thank you so much for your answer. I am willing to pay this debt. I just did not have the settlement they were asking for. But I guess I was trying to avoid be sued and if they didn't accept an offer I wish we could have came up with something they would have accepted that day. But they refused to call me back, and no one is to say that we could have not come up with a reasonal agreement. I was told if we came up with something reasonable they could not sue me according to California law. That is what one of their representatives told me. He said he would call me back and never did. Now this suit is on my credit which we could have prevented it if they would have called me back. I literally called all day and they told me the guy I spoke with no longer worked there, and call another time. I was really upset.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can we be held liable for this debt? [ 14 Answers ]

Very convoluted story, so please bear with me: my Aunt and uncle filed a homeowner's insurance claim about some missing cash. This was in 1987. Aunt, who lost the money, has since passed away. Uncle remarried in 2000, but has also since passed away, leaving only his second wife in charge of his...

Request of Collection Agency for Information [ 1 Answers ]

Can you please direct me to the response that has the list of questions to send to a collection agency to disclose their relationship to the debt being collected?

Can you be held liable for land rent with no agreement [ 2 Answers ]

Can someone hold your property for failure to pay rent when there was never no type of agreement? What happened is I evicted someone out of a mobile home. The girl lives with property owner and was using my mobile home for storage. Well the property owner said he would let me rent the land and...

What's the correct way to answer a complaint to a summons from collection agency? [ 15 Answers ]

I received a summons by a deputy sheriff regarding a debt from Capital One. Capital One first gave it to a collection co. called NCO Financial Services. Then from there, it went to the Law Offices of Pollack & Rosen and finally it's in the hands of Trauner, Cohen & Thomas who are the ones...

Could my neighbor be held liable due to negligence. [ 2 Answers ]

:confused: Could my neighbor be held liable due to negligence if we ask him to trim his tree significantly because this is a tree that has been growing out of control, the branches are very long and numerous to the point that this tree has been leaning over towards our townhouse as time goes by. ...


View more questions Search