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

a summons and I agreed...
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.
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Answered in 15 minutes by:
7/18/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,519
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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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:
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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

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If the collector doesn't provide the information, or most of it, then they are legally prohibited from directly contacting you further.
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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.
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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.
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Thanks.

Barrister

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

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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.

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Customer reply replied 4 years ago

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

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.
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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.
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Barrister
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Customer reply replied 4 years 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


 

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.
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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.
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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.
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Barrister
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Customer reply replied 4 years 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

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.
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Barrister
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Customer reply replied 4 years ago

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


 

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.
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Then you will have a better idea of where you stand.
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Thanks
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,519
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 years ago


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

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

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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.

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Barrister

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Barrister
Barrister
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Category: Legal
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