Situations That May Compel Debt Collectors to Take You to Court
Fearing the worst is your experience once a debt collector contacts you regarding a debt they claim you owe. Two of the things you may wonder at this point include the following;
- Can debt collectors take you to court if the debt is not yours or you are not obligated to pay it?
- How often will debt collectors take you to court instead of trying to work things out directly?
Several factors affect the answer to each of these questions. The reason is that debt collectors purchase debt from creditors to get a fraction of the original balance. That implies that such debt collectors are willing to spend extra effort and time to collect the total amount.
So, before you know it, you may face a lawsuit depending on the collection agency, the amount you owe, and the circumstances of the debt.
We'll get to that below. Also, note that DoNotPay can offer the assistance you need if you believe a debt collector has violated debt collection laws.
When Can You Expect A Debt Collector to Sue for Non-Payment?
If a debt collector believes that they have a good chance of collecting a debt, they will not hesitate to sue for unpaid debt. That sheds light on you can expect debt collectors to take you to court.
Some of the attributes that debt collectors consider, in this case, include the statutes of limitations, whether assets with positive equity such as property are involved, state laws regarding garnishment, and the amount of debt an individual owes.
Below are details on aspects that determine how often you expect debt collectors to take you to court.
|Equity||Assets you have so banks can calculate based on what is reported in your credit report.|
|Multiple Accounts||More chances of being sued.|
|Transactions Visible to Your Creditors||If your investments, savings, and checking are visible to your creditors they can sue you.|
|How Your Debt is Proportioned||Are your loans and credit cards concentrated in one bank or are they spread out?|
|Access||How often your creditors can access your assets|
|Size of Your Creditors’ Businesses||Are they a local or small bank? Do they have a vested interest in suing you because they are a smaller bank?|
Other Situations That Compel Credit Card Firms to Sue for Non-Payment
When The Balance You Owe Is Large Enough to Warrant A Lawsuit
First, understand that most credit card firms hardly sue for a small balance. Also, a creditor may be willing to forgive part of the debt you owe if it is a lot in exchange for a lump-sum payment. That is referred to as debt settlement.
Although debt settlement will hurt your credit since your credit report will indicate that you did not pay your debt in full, it may be a worthwhile option if it can help you avoid bankruptcy or a lawsuit.
If You Have Been Delinquent for At Least 180 days
When this is the case, a creditor has to write off your debt as a loss. However, a creditor can still sue for repayment if you have been delinquent for over six months, and they often do.
When Suing for Non-Payment Is The Only Option
If your collections agency or credit card company cannot reach you for whatever reason, the likelihood of a lawsuit will increase. Of course, facing your creditors can be frightening, but doing so is the only way to find an alternative to court.
According to the law, debt collectors should only contact you between 8 a.m. and 9 p.m. if you have not given them express permission to do otherwise. So, ensuring that you are reachable is inevitable if you want to set up a different time for debt collectors to reach you.
How to Stop Debt Collections Using DoNotPay
If you believe you have been harassed after being contacted about a debt you owe, DoNotPay can help you verify a debt collector's compliance with the law through the steps below.
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that’s it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We’ll deliver your request directly to the debt collectors via first-class mail, or file your complaint automatically with the CFPB so that they’re no longer able to use unfair debt collection practices.
Why Should You Use DoNotPay to Stop Debt Collections?
Settling your debt can be daunting and debt collectors can be persistent. DoNotPay is the perfect solution because we are:
- Easy – Opting to use DoNotPay means that keeping track of all the steps involved in stopping debt collections and filling out tedious forms will be unnecessary.
- Successful – You will access the help you need when using DoNotPay so you can realize success.
- Fast–Time is irrecoverable, and you can save much of it using DoNotPay.
More Areas Where DoNotPay Is Applicable
You can use DoNotPay in many other aspects of your life where you need legal help:
- It can help you clean your credit report
- Allows you to cancel any service or subscription when necessary
- It helps you trace unclaimed funds
- Helps you to prepare financial aid appeal letters
- Makes provision for increasing your credit limit
- It helps with bills
The information herein will prove useful if you wonder . On the other hand, stopping debt collections is possible by signing up with DoNotPay today.