Posted on
December 16, 2009
at
2:19 am
This debt collection agency is at it again, they sued me in court, I answered & showed up in court, they were the no-shows, the judge threw out the case by defaut. I was told they could not sue me again on this same case. They had the nerve to send me another letter giving me a discount on this alleged debt they say I owe them with the same case file no. on it. Do they ever stop?. They had the chance to come to court & they chose not to. They were hoping I didn't show up, so they could win by defautlt. I am at my wit's end. How should I handle this? Any ideas would be helpful. I am on SSI, and my income is exempt.
Posted on
December 17, 2009
at
4:52 am
You may want to consult with an attorney with regards to filing a complaint against them too -
Posted on
December 17, 2009
at
4:55 am
Try the FTC (
www.ftc.gov) or your Attorney General's Consumer Protection division (
www.naag.org)
Posted on
December 17, 2009
at
4:56 am
What can she expect from filing a complaint?
Posted on
December 17, 2009
at
4:58 am
This is from
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtmYou have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t
prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
Posted on
December 20, 2009
at
2:38 am
Thanks everyone for your responses. I called the court to cover myself & they told me the lawyers for the debt collection agency know of the outcome. I was told by the court they are trying to see if they can get money out of me. I also consulted an attorney who said if they try to sue me again, give them a call. They cannot sue me again on the same case. So far, there is nothing on the calendar for another court date.
