Debt collectors & court

Asked over 2 years ago - Morrow, GA

I have a credit card debt of $1500 from 2008. I received a letter a week ago stating that due to my failure to not try to work out an agreement & try to pay the debt, the may decide to take legal action with a lawyer in my area against me. I don't own anything at all. What kind of legal.action can they take on me?

Attorney answers (4)

  1. Daniel Eliot DeWoskin

    Contributor Level 8

    3

    Lawyers agree

    Answered . I would demand a verification before doing anything to settle this claim. Also, if the party sending you a letter is not the credit card company itself, them the chances are the debt has been bought by a third party that may have great difficulty proving the debt. There are likely serious violations of the fair debt collection practices act as well. Be cautious about ANY proposed resolution and contact qualified counsel so that you do not compromise any claims in trying to address the problem.

    Unless and until a formal written retainer agreement signed by DeWoskin Law Firm, LLC and a client is in place, no... more
  2. Ian B. Lyngklip

    Contributor Level 9

    3

    Lawyers agree

    Answered . Attorney Vos is correct that they can sue you, but this may be a false threat of suit. Conditional threats (as is in "we may sue") are threats nonetheless. Creditors rarely give their collectors actual authority to sue. If the company that is making the threat is a debt buyer then they may have the ability, but not the actual intent to sue. The practice of threatening suit without the intent or abiliy to actual sue is a violation of the Fair Debt Collection Practices Act.

    Given the amount of the debt and its age you may want to take this matter to an attorney in GA who practices FDCPA work.

  3. John Addison Vos

    Contributor Level 15

    1

    Lawyer agrees

    Answered . they can sue you. likely the credit card contract says you can be charged their attorneys fees as well. however, since you have no assets, their obtaining a judgment will accomplish nothing for them. and they know it. so if you can, the time is ripe for you to strike a quick and cheap settlement.

    This is general legal information, not intended to apply to your specific case. And I may not be licensed to... more
  4. Kevin V.K. Crick

    Pro

    Contributor Level 9

    Answered . Unless they are a debt buyer collection agency, it is possible as others have been saying here that it is a false threat, which could entitle you to max 1000.00 under the Fair Debt Collection Practices Act (FDCPA). I would consult a local GA attorney.

    Feel free to contact my office early next week and we can try to put you in touch with a local GA attorney who hopefully would be able to assist you.

    It may be a misleading communication under the FDCPA. If they do not own the debt, and are not a debt collection law firm, or do not have the authority to sue from the current creditor, and are just a debt collection agency trying to collect on the alleged debt for someone else, then it is hard to imagine that 'they' can take any legal action against you.

    Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please... more

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