How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23951
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

what rights do i have when a debt collector served me with

Resolved Question:

what rights do i have when a debt collector served me with a summons and I agreed to pay so it would not go to court but will not give me any statements or how the bill jumped $2000.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
In a situation like this, if this is a third party debt collector and not the original creditor, your recourse would be to file a formal request for the collector to validate the debt by providing certain information under the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b). You can demand the following:
.

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

.
.
If the collector doesn't provide the information, or most of it, then they are legally prohibited from directly contacting you further.
.
However, if they refuse to provide it, then their only recourse is to go ahead and file suit against you for the debt. They would then have to prove those things in court in order to win a judgment against you.
.
So if they won't provide the info, and you don't accept their number without explanation, then they will be forced to sue if they want to try and collect.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

what happens if I cannot make the total payment they are asking for

Expert:  Barrister replied 1 year ago.
Then they would either have to give up on collecting or actually file suit, hire a lawyer for several thousand dollars, and pursue this in court.
.
Since this debt is not this large, it might not be worth their time and money to hire a lawyer to sue you. The first summons might have been a bluff if it wasn't actually served on you by a sheriff or process server.
.
.
Thanks
Barrister
Customer: replied 1 year ago.


the summons was served by a process server and the phone number on the papers was an attorney and pass due letter was from an attorneys office


 

Expert:  Barrister replied 1 year ago.
Ok, then apparently they feel it is worth their time to file suit. The problem here is if they did serve you with a summons and you didn't respond to the court by a specific deadline, usually either 20 or 30 days from when you were served, the plaintiff can ask for a default judgment against you.
.
When you get a summons that says you are being sued, you have to file an "Answer" with the court or you can lose by default. But TX is very debtor friendly and they can't garnish your wages or lien your home. About the only thing they can do is try to seize any money in bank accounts or have the sheriff seize and sell big ticket items like boats, RVs, motorcycles and vehicles.
.
If they did sue and get a judgment if you couldn't pay it, then you could likely file bankruptcy to discharge this and other debts you may have and clean the slate.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

when we called the number on summons they said that would contact the court when they received signed papers back from us to make monthly payments. we have not received anything .it has been almost 60 days and have not heard from court

Expert:  Barrister replied 1 year ago.
At this point, you need to contact the court to see if a default judgment has been entered against you. That may be why they haven't bothered contacting you.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

the only thing we received was a pass due letter from attorney


 

Expert:  Barrister replied 1 year ago.
Right, that doesnt' mean that they didn't proceed with the lawsuit even though they said they would hold off. Debt collectors aren't known for their honesty and morals. So you still need to contact the court listed on the summons and check the status of the case.
.
Then you will have a better idea of where you stand.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23951
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


is there any way if I have more questions I can contact you

Expert:  Barrister replied 1 year ago.
Sure, you can always get a question to me by posting it and putting "For Barrister" in the question somewhere. I am the only one who goes by that nickname and the JA moderators will steer the question to me.
.
.
Thanks
Barrister
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

.

Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Barrister
Barrister
Lawyer
23951 Satisfied Customers
14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs