You can file the suit in state court, but the defendant can request that the case be transferred to federal court. For what it is worth, my office files all FDCPA actions in federal court. You would only want to filed in state court if you had some distinct advantage for filig there, but then the defendant would likely move it to federal court anyway.
If you have a good case, seek out a consumer lawyer experienced in FDCPA litigation. The FDCPA provides recovery of court costs and attorney's...
Most of these calls are scams. If they were legitimate, you also get a letter. They will only take payment by wire transfer, or debit over the phone. I WOULD NOT RECOMMEND paying them until they provide proof of who they are, that they have right to collect the debt, etc. They are NOT taking you to court. They lie to scare you and sometimes they get paid.
Seek the advise of an attorney if they persist.
In order to garnish your bank account, they would have first had to obtain a judgment. And, before they could take a judgment against you, they would have had to serve you with a summons and the complaint. You need to take the case name and number and go to the court where the judgment was issued, and get a copy of the affidavit of service of the summons to see how they claimed to have served you. Then I would suggest you contact an Arizona consumer lawyer to see if the summons was properly...
Yes, both spouses are liable if the account was opened while married. And if a judgment is taken, the creditor can go after both party's wages and bank accounts.
Have this matter reviewed by a lawyer. You may be able to defend or settle cheaply.
Yes, the finance company can repossess the car even if suit was filed. But, once the car is sold, then the balanced claimed to be owed should be reduced by the amount realized by the sale.
I would recommend you contact a consumer lawyer and discuss your options at this point.
The judgment creditor cannot take money form your children's bank accounts, only those accounts which have your name on them. They are likely just looking for assets to go after. But your home is protected up to $150,000 in Arizona. You are likely to be judgment proof at this time.
You may want to have a consumer lawyer review the collection attorney's actions to see if they violate the Fair Debt Collection Practices Act, or FDCPA.
The FDCPA is NOT a defense against a debt. You have to assert your defenses to the lawsuit claim, and then bring the FDCPA as a separate action usually in federal court with a lawyer.
If a debt buyer is the one suing you, then you have a pretty good chance of winning in court. You should probably hire a lawyer if the claim is large enough.
KEEP THE MESSAGES -- Don't delete!
If you don't have a balance, then there is nothing to settle. You need to contact a consumer protection lawyer concerning the collection agencies' harassing and threatening phone calls. The attorney can advise you on your options and what you can do to get the agency to stop calling you. There are several of us in the Phoenix area that do these types of cases.
He could give you a power of attorney to act on his behalf, but I can't imagine anyone getting too involved without your father's full participation. As a lawyer, I would not want to take on a case without your father's full interest and participation. The cases are difficult, and without his full participation, it just would not be worth it. You need to get him on board.
There are lots of questions which need to be answered, but I would highly recommend you contact a consume lawyer in your area to investigate the judgment, your proof of the settlement agreement, and what claims you may or may not have.