John
Louisville,#2Consumer Comment
Sun, March 09, 2008
First, it is illegal for a debt collector to make bogus threats of a lawsuit. If you are being contacted by a debt collector, you have important rights under the Fair Debt Collection Practices Act. In this federal law it explicitly prohibits collection agents from making bogus legal threats to scare you into paying them. There are two rules for dealing with collection agencies/debt collectors and you have broken both of them: 1) NEVER, NEVER EVER give a collection agency your checking account info for making payments. If you do this there is nothing to stop them from raiding your checking account 2) If you do pay a collection agency, get all terms IN WRITING FIRST prior to giving them one penny. This written statement should include a notation that your account well be settled/paid in full upon receipt of an agreed to amount. NEVER make verbal agreements over the phone with collection agents without a written agreement. nothing can be proven. In your case, you need to cancel your checking account and get it reissued under another number. Pay this collection agency ONLY via USPS money orders. Get a written agreement first about how much is to be paid. If they threaten to sue, ask for the full name of the *alleged* attorney at their location and specifically ask for his/her license # in the state bar association. If they are "really" suing you, under the terms of the Fair Debt Collection Practices act you have the right to speak with the attorney if they are really taking legal action. 99% of the time they will be bluffing. FYI: Collection agents cannot take your firstborn child. they cannot repossess your house. and they cannot send the sheriff to your house to have you arrested. so don't let them bully you. Read up on your rights under the Fair Debt Collection Practices Act.