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Re: When do credit card companies file civil suits?
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Posted by Keyser Soze
(205.188.208.41) on June 24, 2003 at 20:12:03:
In Reply to: When do credit card companies file civil suits? posted by Armadillo on June 24, 2003 at 17:22:24:
Dear Armadillo; Your name implies a tough outer surface concealing a complex interior, eyes which some prematurely render you near of sight yet with ears most sensitive. An excellent toolkit for doing battle with Mammon's Mercenaries, the Collection Agency 'Professionals".
Your question directs us to that exotic territory in which art blends with science. There may or may not be dollar threshholds for filing suit. Different companies have their own policies about suits. Sometimes if the debtor appears to have something 'of interest to lawyers' namely seizable assets, a suit might be filed, sometimes not.
Discover Card will sue for twenty bucks according to regular and wise poster to this board, Scott. One suit was published as an AP news item several months back. The judge angrily dismissed a suit brought by credit card collection agent scumbags for - getta loada this - twelve cents. And guess what? The creditor lawyers were mystified by the dismissal.
Some debts go unsued upon. Some people send Cease and Desist and Validation and Dispute letters and are sued instantly, others never.
Sometimes suits are filed and dropped after time's passage. The decising, measurable factor there seems to be the degree to which you the defendant fight back using every legal resource available to you.
They sue, you answer it. A pre-trial is scheduled, you enter your appearance and sit through the meeting. You say little and sign nothing, causing much distress to the predators on the other side of the table. They file interogatories, you answer legally in such a way as to make them go and dig up their own information, make their own case rather than have you just hang yourself.
This is a cynical numbers game. Most suits go unanswered for a variety of reasons. When that happens, a default judgement is entered and life can become interesting. But you will aggressively respond with a counterforce attack sufficient to encourage any litigants to move along to their next target. Rule of thumb is that if you appear to be more trouble than you are worth, if your responses are going to cost them money, time, and possible governmental agency trouble, then they are more likely to leave you alone.
Deny them any and all control. Like all criminals, collection agents and their lickspittle lawyers first gain control over their prey. They serve you a summons, ask you tricky intimidating questions. When a would be victim of street crime denies control to the thug, they start to win. You will do the same. This wonderful board is loaded with links and resources for making these flabby, B.O.-stench emitting telephone bullies wish they'd never learned to spell your name, much less harass you. Stenchfully, Keyser Soze "You don't want to look in the trunk."
- J. Frank Parnell, "Repo Man", c. 1984
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