Posted on August 22, 2008 at 8:26 am I owe the colleciton agency for the overdrawn bank account. So I have a couple of questions. They are advising me I need to pay 400.00 a month for 6 months...I am not sure I can come up with the entire amount each month. I think I'm more comfortable with about 300.00 if I can squeeze out 400, then great but I can't comit to that. So do I send what I can afford each month? Do I need to send money orders or cashier checks??   Also if they sue me, do they send the summons to your work place via a cop or does it just come by mail? I serioulsy don't want to be served at work.  Any advise would be appreciated.

Posted on September 19, 2008 at 10:30 pm I had a collection agency asking for me to pay back some money but they wanted it all at one time. I tried calling them and they insisted that I pay it all back at once. I couldn't so I ignored their letters. Eventually they sent me another letter saying that they know it would be a hardship for me to pay the full loan back and asked if I could send them $50.00 a month. That I could do and am doing now.Two years ago I asked if I could do this and they said no but now they're happy to take it.As for suing you, I'm not sure if a collections agency will sue. They will send you letters and call but I'm not sure if they'll sue. But if they do they'll serve you where ever they can find you.

Posted on September 24, 2008 at 5:46 pm What is your balance?Check the rules surrounding small claims court.  In many cities, attorneys cannot represent companies in small claims courts.  If your balance is below the threshold for small claims court, you might not have to worry about a creditor sending a smooth attorney to represent them.You can also try sending a partial payment, using a money order, to see if they will post it to your balance.  If they do, try to keep sending payments using money orders.

Posted on September 26, 2008 at 12:03 pm I think you should go back to them and tell them that you cannot make a $400 payment each month.  Have it wrote for $300 and then send in the extra when you can. I think if you make contact with them about this- and do what you say- they will not sue you.  I don't think they do this anyway. It just goes on your credit.

Posted on April 10, 2009 at 3:17 am I never worked with them.

Posted on May 5, 2009 at 6:32 pm To address the first question asked: First, you should contact the collection agency and explain to them that you are facing a financial hardship and cannot make the payments they are requesting. Let them know what payment it is that you do have the financial resources to make each month, and see if they are willing to set up arrangements on those terms. It is very important that you identify also what your interest rate is on that particular credit card. Make sure that your offer to the collection agency is at 0%. If they are charging the default interest rate (if you fell behind at all in the past), it is possible that the payment you are making to them is not even covering the interest. Make sure that before sending payments in to the collection agency to get the agreement you set up with them in writing first. You do not want to find yourself in a position where the agency revokes the agreement at a future date and demands the balance in full in one payment. If your (multiple) efforts fail to come to a reasonable agreement with the collection agency, you may want to seek the help of a third party credit counseling or debt settlement agency. Reputable agencies will have experience working with third party debt collectors and may be able to find a solution for you if you are not confident that handling the situation on your own is something you can do. To address your second question: If a creditor decides to pursue legal action against a debtor, they would first place your account with an attorney who is licensed in the state where you reside for collection. If you are unable to arrange payments with that particular law firm, they may decide to file suit against you to try and collect the debt. Keep in mind- this is a last resort for most collectors. If you reach out to whoever is collecting the debt you have a better chance of avoiding a lawsuit. According to your statement, it sounds like the debt collector is not a law firm so I would not be overly concerned with legal issues at this time. In terms of the service of the summons, it depends on what state you live in as the laws differ. In most states, a sherriff is required to serve the debtor with a summons in person, or leave the summons with an individual over the age of 18 at the debtor's primary residence. However, it is possible that in some states the debtor may be served at work or by certified mail. I must note that I am not an attorney and my response does not constitute legal advice. Have a good night everyone.