what can you do when a collection agency wants to file a lawsuit when you have been paying agreed payments?
445123
Wow, sounds like a pickle.  First off have you confronted them on the issue of the contractual statement you both signed and agreed upon?? You need to confront them firmly on that and ask them if they themselves are breaking the contract.  Act like a lawyer and get tough.  You have your rights and as long as you are paying the agreed amount within the time limit given, you are should be legally safe.  Whether or not they are a legit agency that plays by the rules is another story.  \nTry contacting some government agencies regarding rights and commerce.  Try the phone book, online and through the library.  Even try the ACLU and ask them if they can refer to you the proper support network and then get some support.  Every large town should have a group that does free or low cost legal advice as well as representation.  Try those!  \n\nAlso, ask them why they are doing this beyond collecting the alloted amount that you are legally expected to pay.  Question them, challenge them...call them on the spot about what they are doing.  If they insist, tell them you are seeking legal counsel to see if what they are doing is legal?  \n\nJust get tenacious and find out from every free source what you need to, to protect yourself.  You have rights, remember that!
871777
They are full of crap, tell them to get bent, it would cost them more to sue than what you owe, collection agencies are all full of hot air, send them a cease and desist letter and never give them any bank info or info of any kind
73901
There is no way to "beat" the case now that you have already lost it.  It can be appealed, but that would cost more than paying it.  The best thing you can do is reach an agreement about paying off the judgment against you.  You are bound to pay off the judgment (I presume the court found you owed money and didn't order particular steps about how you should repay) but it can be hard to actually collect, and most people eventually agree to payment schedules rather than trying to force total immediate payment.
730238
An outside collection agency purchases your debt for a percentage of the total amount.  Once the agency owns it, the original company will list the debt on your credit report as "sold to collection", "referred to collection" or just "sold".  The collection agency's name will now appear on your credit report as the new owner of your debt and the current amount.  \n\nThe agency will want you to pay it in full since they probably bought it for 50% of what you owed, so if they can get you to pay it in full, it's higher profit for them.\n\nThey will call you, write you and request you pay the debt and/or attempt to set up a payment schedule with you.  After a while, they may atempt a settlement with you (which will do more damage in the long run).  \n\nJust pay the debt and get it over with.
793989
First read ugottafriend4life's answer again and follow it.  You may be able to add it to your BK.\n\nNext...VERY IMPORTANT!  Is this the first collection letter you got?  It should have a statement telling you that you have 30 days to dispute the debt.  \n\nSend them a dispute letter and demand validation.  That will buy you some time to look into the BK filing.  It also places a "stay" on the collector preventing him from placing anything on your credit report.  By law, he can not proceed with collection activities until he validates this debt.\n\nDuring this time you can negotiate with either the doctor's office (preferred) or the collector.  But demand IN WRITING that in exchange for payment they must not place anything on your credit report.  Does it make any sense to you to pay the bill and still have your credit messed up by these jerks?  If they sue you, the judgement stays on your credit report for 10 years, same as the BK report.  So they really can't do much harm to you.  But if they want your money then make them give you something in return!
389122
It's up to her to prove her entitlement to the payment, so you need to answer her pleading.  File an answer to her request for attorneys' fees and request a hearing from the Court.
748144
No. If the payment is stopped, you can't demand payment any more. You'll have to find another way to enforce your claim.
891035
You should file an answer with the court that argues that the Statute of Limitations expired on 7/14/2006 and therefore the lawsuit is barred/not timely.\n\nYes, you have a chance of getting it dismissed.   The date of last activity should start the clock ticking on the 6 year term.\n\nWas the credit card issued while you were in Michigan?\n\nEdit: If the amount is significant I would highly recommend you get legal advice from an attorney in Michigan.\n\nBTW, when you made your last payment on 7/14/00 did that bring your account current or were you still behind at that point?\n\nFollowup:\nYou should stick with the story that you've had Indiana as a residence the entire 6+ years.  \n\nIf you were overlimit as of the time you made the last payment you have a stronger story that it was not only the date of last activity but you had been in default on your credit card agreement for some time prior to that.\n\nI would again urge you if it is a large sum of money to find an attorney to provide you with legal advice so you don't get run over in court.   Most attorneys will give you a free consultation.\n\nDo not admit to the debt being yours.  Make them prove everything.  Deny that they are entitled to late charges, interest, attorneys fees, collection costs, everything.  If you don't challenge something the court will take it to be true.  Deny that the amount owed is correct, make them produce copies of your statements showing the charges.  Make them produce your original, signed account agreement.   Deny, deny, deny.  \n\nIs the original bank suing you or is this some collection agency that purchase the written off debt?  If it isn't the original bank there is a good chance they can't prove anything and are just hoping you don't show up in court.\n\nDo not agree to any delays.  It is common when a collector goes to court they are hoping for a default judgment and when you show up they ask for a delay.  Insist that you came to court prepared and the other side should have as well.
775008
As far as I know, as soon as the payment is past due they can turn you in to collections.  Usually it takes a few months though before they do that, as they will have to give a cut of the monies collected to the collection firm.
839724
Document each and every phone call.  Get their address and send them something in writing, certified mail with return receipt.\n\nIf it is not yours, and they continue to harass you, you can file compaints with the FTC at www.ftc.gov, or with your state's commerce department.  All collectors are required to be regulated and licensed in any state they do business with, and must adhere to the Fair Debt Collections Practice Act.  You can find lots of stuff on your rights at the FTC website.\n\nAnd did I mention, DOCUMENT EVERYTHING!!!!!!!!  Time, date, who you spoke with (GET NAMES).  They will give fake names, which is actually illegal.  That can be used against them in your complaint when their records don't show any employee by the name you were given.
960089
They have to sue you first before they can "take" anything from you.  If they do sue and win, then it's up to the courts.  But any kind of threat or statement in saying what you are doing is illegal by not paying is a violation of the Fair Debt Collection Practices Act.  Read that act front to back.  It's dry reading but quite eye opening.
849017
Call your attorney and ask him how to go about collecting.
598565
You can sue them for violating their contract in order to force them to follow the bylaws, but you would need to prove that there was damage and what exactly it was (not necesarily in a quantity of money) in order to receive any payment.
1098728
The statute of limitations has run on that debt.  What you can do is contact the person and make them promise to pay anyway, and then another year will run from the subsequent promise.  You must sue before a year's time. Get your friend to agree to pay you back the money owed plus interest and fees.  Even is he/she makes a fake promise just to get you off their back, the courts will uphold.
750204
OK, a couple of things you should do:\n\nFirst, next time they call, tell them explicitly NOT TO CALL YOU AGAIN.  By law if you tell them that, they cannot call you any more, they can only deal with you through the mail.  In writing there can be no he-said-she-said.\n\nSecond, forget the collection agency.  You are under no obligation whatsoever to pay them ANYTHING.  Call the company you have the original debt with, and set up repayment with them.  IGNORE the collection agency.  If they call, hang up on them.  I repeat:  you are under no obligation of any kind to pay them anything, your debt is with the company you owe, NOT the collection agency.  Deal only with the company you owe the debt to.\n\nFinally, find out where the collection agency is located, and report them to the local better business bureau and local Federal Trade Commission office.  In writing.\n\nThen pay your debt off *with the company you owe it to* and be done with it.
242405
You can try but I doubt at first that they will let you.  However, once the demand letters come in and they refer you to the legal department for action on your unpaid bills, that's the time wherein you could negotiate a payment scheme with them because they would rather be paid slowly than not be paid at all.
1052524
This will def help you out! \n\n"Getting Bill Collectors Off Your Back \n\nHere's how to get bill collectors to stop harassing you!\n\nAre you in debt—and avoiding ringing phones, ignoring your mail and only hesitatingly opening the door—all to steer clear of the dreaded bill collector? \n\nNo one likes dealing with these people. But the good news is that the law forbids repeated harassment by bill collectors—and gives you the right to sue for violations. If you complain loudly enough—and you've got proof backing you up—you have a chance to get the entire debt canceled. \n\nThere are two types of bill collectors. (No, not nasty and even nastier.) Some bill collectors work for the original creditor, the business or person who first extended you credit or loaned you money. Others work for a collection agency, a company hired by an original creditor to collect its debt. \n\nThe difference is important. You have much greater legal protection against harassment by debt collectors who work for collection agencies, because they are governed by a federal law called the Fair Debt Collection Practices Act, or FDCPA. \n\nTell Them to Stop\n\nFew consumers know that under the FDCPA, you have the right to tell a collection agency employee to bug off. Simply send a letter stating that you want the collection agency to cease all communications with you. All agency employees are then prohibited from contacting you, except to tell you that collection efforts have ended or that the collection agency or original creditor may sue you. \nDebt collectors, however, are notorious for breaking the law—contacting people who have sent a cease-contact letter, or violating other provisions of the FDCPA. \n\nDocument Illegal Behavior\n\nTo get results, you need proof of the illegal behavior. If phone calls from someone from a collection agency violate the law, try to tape the next harassing phone call you get. In most states, you can tape a conversation without telling the other party, as long as you are a party to the conversation. That's because the law allows you to record any conversation in which at least one party consents to the taping, and you can be the one who consents. \n\nIn a dozen states (listed below), however, it's illegal to record a conversation, unless you get the permission of the person to whom you are speaking, or at least warn the person that the conversation may be recorded. \n\nDon't record a conversation without the debt collector's knowledge in: \nCalifornia \nConnecticut \nDelaware \nFlorida \nIllinois \nMaryland \nMassachusetts \nMichigan \nMontana \nNew Hampshire \nPennsylvania \nWashington \n\nIf you can't tape the conversation, try to get a witness. Have the witness listen on a phone extension while you and the collector talk. Try to get the collector to repeat the earlier illegal statements. \n\nIt's illegal for bill collectors to: \n\nContact third parties, other than an attorney or a credit bureau, except to locate you \nCall you repeatedly or contact you before 8 a.m. or after 9 p.m. \n\nContact you at work if your employer prohibits it \nUse or threaten to use violence \nUse obscene or profane language \nPlace telephone calls to you without identifying themselves as bill collectors \nClaim you owe more than you do \nClaim to be attorneys \nClaim that you'll be imprisoned or your property will be seized \nSend you a paper that resembles a legal document \nAdd unauthorized interest, fees or charges \n\nFile a Complaint\n\nOnce you have the conversation taped or witnessed, you can make an official complaint. The federal agency that oversees collection agencies will send you a complaint form if you ask, or you can simply write a letter. Contact the Federal Trade Commission at 6th and Pennsylvania Ave. NW, Washington, DC 20580. Include the collection agency's name and address, the name of the collector, the dates and times of the conversations, and the names of any wit