Re: Can they still take me to court if I am paying them?

Posted by A Bill Collector on January 31, 2002 at 22:48:15:

In Reply to: Can they still take me to court if I am paying them? posted by Michelle on January 30, 2002 at 08:16:09:

First find out if there was a summons, if they actually initiated a court proceeding, they would have had you sign paperwork granting them a default judgment in the event of default on the “payment arrangement”.
Also they would have filed a petition with the clerk of courts. As far as the actual question “can they sue me if I am paying?” the answer is most defiantly, will they? Probably not if the payments will allow you to resolve the bulk of the debt prior to the expiration of the statue of limitations. They are looking to liquidate as much debt with as little effort as necessary; this is why they threaten to file in the first place.

If they didn’t actually file a lawsuit against you, I would consult an attorney about a possible suit against them for violation of the FDCPA. (Threatening you) That is the type of practice that brought about the FDCPA and should not be tolerated.

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