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Please help me
Posted Sat August 15, 2009 5:06 pm, by Mike M. written to American Express Credit Cards
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I am being sued by a collection agancy that AMEX has hired. I may lose everyhting
Let me pay you back not the collection agency
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by Just Jeffrey Posted Mon August 17, 2009 @ 9:31 AM
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The good news, if there is any, is that you are being sued. Which means that you can stand in front of a judge (with the help of your lawyer) and say that you want to pay what you owe, but cannot do it all at once.
If you're sincere, chances are that the judge will support the idea of a payment plan. Sounds like that's what you want/need.
Keep in mind that it's not the best interest of anyone for the collection agency to cause you to be homeless. If they have a way to collect all of the money, even over time, that's better than what they'll get almost any other way.
However, it may never get to court, because, frankly, the collection agency doesn't want that. Unless this is a very significant amount, it'll cost them more to go to court than it's worth. As court date comes closer, they'll be more willing to discuss other options.
In the meantime, call a non-profit credit counseling group, provide them with the information they ask. In doing so, if this goes to court, you can at least show that you're really trying to do the right thing. Plus, the group may actually be able to assist you in working with the collection agency in a way that avoids court.
At this point, AMEX may have sold the debt, and therefore has no ability to do anything for you.
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by PepperElf Posted Sun August 16, 2009 @ 4:08 PM
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unfortunately since they've gone to the collection agency most likely you'll have to pay the collection agent and not Amex.
either way, the bill should be the same, with the addition of possible late fees
i would suggest calling the collection agency and working out a payment plan.
and since it was brought up on another site, i'll give you the link to the laws on collections
http://tinyurl.com/m2ob62
link will take you to a PDF file, but the "HTML" version of it.
it's long and boring, but it has a lot of info
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by Mark C. Posted Sat August 15, 2009 @ 11:55 PM
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You will not lose anything,
Collection agencies cannot take anything. They might get a defaukt judgement, but have no power to get your house, car, underwear, nothing.Maybe a wage garnishment, but would not worry yet.
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If you play with the snakes, you will eventually get bit.
Good Day
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by Jo23 Posted Sat August 15, 2009 @ 5:25 PM
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That website that I sent you also has information on how to answer that summons for the collection agency that is trying to sue you. Make sure you send your answer to the court in time. My friend had this happen to her and I helped her draft her answer. The collection agencys often summon people to court in hopes that they don't show so they can get a default judgment against them. The fact is that they really don't have the documentation to win against you in court so if you send in your answer making it so that they don't get a default judgment for you not showing up they often drop the case. The collection agency likely has no supporting documentation that this account was even yours as they usually buy these accounts from places like AMEX for pennies on the dollar. If they can't provide any of that info they lose. In the case of my friend as soon as we sent in the answer to the summons they dropped they case as they had nothing to support it. Do your research before you offer to pay anyone anything!
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by Jo23 Posted Sat August 15, 2009 @ 5:21 PM
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Don't worry. A collection agency can't take anything from you. They often use threats to collect from customers but they can't take anything that you own. Credit card debt is unsecured which means that when they took the risk of giving you a card there was no collateral for it. This website has a ton of useful information on how to handle creditors and what the laws are. Visit the forums there is a lot of information in there and a lot of knowlegable people there. http://tinyurl.com/r6gsnv
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Lien's?
by CourtCase Fri September 25, 2009 @ 4:39 PM
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