Several of my accounts debts have gone to collections now they re trying to subpoena me.
I have yet to be there to get served. Is court a must or can I work it out with the attorneys/ collection company on a payment plan?
Can I go to jail for this?
you cannot go to jail for civil debts which may be owed.
I handle these cases on a regular basis. These cases are frequently resolvable with payment plans.
How many lawsuits are there and how much are you being sued for?
If you are sued and "served" with the summons for the lawsuit, you must answer the lawsuit and then try and resolve the debt. If you have not been sued but not served yet, you might consider moving forward with filing an answer so as to protect yourself from a default judgment.
It's always possible to resolve debts at any stage, but keep in mind that once the debt becomes a lawsuit you must act within the court to avoid a default judgment-- making a call to the creditor will not protect you, and could even hurt you if you have not taken the proper steps in court.
The cost to resolve these debts depends on several factors, including whether the debts were sold to debt buyers. Debts sold to debt buyers can be resolved for much less than debts being collected by the original creditor. If the creditor has filed the lawsuit, it can still be resolved for less than the full amount, but expect to pay it in one lump-sum and not in monthly payments.
And no--defaulting on a consumer debt is not a crime, and you will not be charged with a crime for non-payment of the debt.
This answer is for general information purposes only and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer. Law Office of Lisa J. Espada * San Francisco, CA *
In addition to the comment from the other attorney, I can't help but wonder whether you have been getting harassed by debt collectors and creditors. There are powerful federal laws that govern the conduct of debt collectors and creditors, and you could be entitled to money if companies are violating your rights. Under the Telephone Consumer Protection Act ("TCPA"), if creditors or debt collectors are calling your cell phone using an automated system (robocalls), and the calls are made without your consent, each call could be worth $500. In addition, creditors and debt collectors are bound to comply with the Fair Debt Collection Practices Act ("FDCPA"), and they are prohibited from harassing you with excessive calls or aggressive tactics. If debt collectors are violating the FDCPA when attempting to collect your debts, you might be entitled to up to $1,000. If you believe any collectors violated your rights, you might want to consider speaking to an experienced consumer protection attorney for advice. Most consumer protection attorneys do not charge for their services.
Please note my answer does not constitute legal advice, and you should not rely on it in your decision making. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. My answer does not create an attorney-client relationship, and you are advised to contact an attorney to obtain legal advice before taking or refraining from taking any action with respect to the above.
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