Can a Collection Agency Sue You For a Debt?

A large number of people are often haunted by the question that comes to their minds & can a collection agency sue me for a debt? The answer is yes, they can.

If you have a charged-off credit card, you can be sued by a collection agency since the expression “charged-off does not suggest that the debt is bad or cannot be collected.

Can a collection agency get you arrested and file a suit against you for the debt if you are on Social Security Disability and unemployed?

If you make a default in repaying your debt, you cannot be arrested. The collection agency might file a lawsuit against you, however the decision or verdict is almost impossible to implement. The collection agency cannot garnish or take your disability benefits for implementing the decision. The maximum that they can do is place the decision on your credit report, record a lien on your property and possibly get some of your non-exempt assets garnished and sell them off for executing the decision.

Can you prevent a collection agency from making contact with you?

You can prevent a collection agency from making contact with you through sending a letter to the collection agency and asking them to cease. As soon as the collection agency gets the letter, they might not get in touch with you once more apart from mentioning that there would be no more calls or information that the lender or the collection agency plans to take any particular steps. Nevertheless, it must always be remembered that mailing this kind of a letter to a collection agency does not free you from the responsibility of repaying your debt that you really owe. Your original lender or the collection agency can still sue you.

For your own benefit, you must try to clear up your debts as soon as possible. Prior to getting a judicial decision, a collection agency usually has only one means of receiving the money: asking for payment by making telephone calls and mailing you intimidating letters. When you deny, the creditor or collection agency may sue you. If they are able to secure a verdict against you, you may anticipate more hostile collection steps like the following:

  • If you are employed, the collection agency might take an attempt to garnish to the extent of 25% of your net pay
  • If you are a real estate owner, the collection agency most likely would put a lien that must be paid if you are refinancing or selling your property
  • The collection agency can also attempt to confiscate your bank deposit and other accounts.

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