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I have two different "law firms/collection agencies" coming after me for some bad checks I wrote by accident last year. One company is called eHall and Associates and the other is Palmer, Riefler, and Associates. Hall and Asso. have a really bad reputation and they have complaints filed against them within the BBB. That check was to pay a phone bill and it didn't clear. I called the phone company and asked if I could repay them directly and they wouldn't. They didn't really seem to care if I paid it or not. As for Palmer... I have been informing them that I have been unemployed all this year and they haven't tried to pursue me any further. They also have a not so perfect reputation. I live in NC and thats where the checks were wrote. Hall is located in NY and Palmer is located in FL. By them not being in NC can they even issue arrest warrants on me? Do I even have to pay these guys? Don't most companies get paid when a collection company takes the case??? Thanks!

Submitted: 29 days and 20 hours ago.
Category: Legal
Value: $68
Status: CLOSED
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State/Country relating to Question: North Carolina

Already Tried:
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Accepted Answer

By them not being in NC can they even issue arrest warrants on me?

 

Response 1: Only a Court/law enforcement agency can issue a warrant for your arrest. In debt collection cases, arrests warrants are only issued to compel your appearance in the Court. If these law firms have not even filed a lawsuit, arrest warrant cannot be issued. As far as being out of state, the law firms always have local counsels/attorneys that can file the case on their behalf and then request that the Court issue a warrant to compel your appearance, only if you do not show up for the Court hearing . Even if you do not show up for the hearing, warrants are rarely issued for debt collection cases not associated with child support.

 

Do I even have to pay these guys?

 

Response 2: You don't have to if you do not have the money. In any event, in order to force you to pay, they must file a lawsuit and serve you with the notice of the lawsuit to give you the opportunity to tell the Court your side of the story.

 

Don't most companies get paid when a collection company takes the case???

 

Response 3: Not necessarily. Your original creditor may have just simply turned your account over to a collection agency or it might have sold the account to a debt buyer. Either way, the fact that your original creditor has been paid by someone else does not release you from your obligation on the debt.

 

 

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Expert: AttorneyPhillips
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/23/2009

Attorney

Massachusetts licensed Attorney with over ten years in general law practice.

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