Carrie, thank you for the additional information. Normally, a party will hire a collection agency PRIOR to filing a lawsuit against an individual, in hopes that the debt can be settled and litigation
can be avoided. This way, attorneys fees and costs do not have to be incurred. It seems odd is that if a lawsuit has been filed against you, that the contractor also hired an outside collection agency, since the matter is now before the court and will be up to a Judge or Jury to decide, if it goes to trial. It is possible that the contractor did not reveal to the collection agency that the matter is been filed with the court and there is a pending case, so you can advise them of such. Moreover, you can address this issue with the Judge, if they are harassing you and you have no intention of speaking with the collection agency. If you are representing yourself, you may want to place the attorney for the plaintiff on notice as well, since they may be directly competing with the collection agency at this time, when they were hired to proceed with the lawsuit. It appears that the contractor is trying to collect by any means possible, hoping you with cooperate with one of them, which is solely at your discretion. You also have a legal right to contest the owed debt and raise any defenses which you may have.
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