Do not ignore court notices served by debt collectors
Do not ignore court notices served by debt collectors
If you don't show up for a court case served by a debt collector it is highly possible that debt collector will win the case.
Badgering phone calls and threats, insults and outright lies - these are just a few of the unfair and illegal tactics that some debt collectors unleash on consumers. These rogue collectors don't represent the entire industry, but they are not uncommon.
Overwhelmingly, collectors win default judgments against alleged debtors who do not show up in court and who may not even realize they are being sued. Collection agencies attempt to take even weak cases to court and if you don't show up they might include the police to force you to pay.
A collection company can take you to court to get it's money, however, this is unlikely for debts under $1500. It is unlikely that a collection company would be willing to establish a payment plan as well, so if you are unable to pay upfront, you may want to call them on their threat and see if a claim materializes.
There is an alternative. If you are unable to pay the full amount up front, you may draw your own payment plan yourself, sign and mail it (certified mail with return receipt) to the collection company with a check for the first installment even if it is a small amount. If they cash the check, you will have evidence of your trying to pay and thereby accepting your agreement. This way they will have accepted to your terms of payment. It will at the very least, provide you some limited protection if they were to try you in court.
If a party garnishes your bank account, they do only if they have an order to do so. So it appears that either the party that was garnished ignored a summons to go to court and a default judgment was entered or the collection agency did something illegal. First of all, the debt has to be validated. That is something that also takes place during court hearing which again means that the person did not show up. The collection agency has to show proof that they properly served the defendant and if they fail to show there is no case.
Attorneys at Krohn & Moss Ltd. CONSUMER LAW CENTER have helped thousands of victims of debt collection violations. You are not required to pay any attorney fee or court and filing cost. The debt collector harassing you is obliged to pay the attorney.
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