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Do collections agencies always sue?

By Andrew Vasquez |

You might assume that some debts are too insignificant for debt collectors to care about, but debt collectors may sue you for any balance — large or small. It’s the debt collector’s discretion whether to sue for the debt.

Can collection agencies threaten sue you?

Under the FDCPA, a debt collector cannot threaten to sue you to force faster payment of a debt. More often than not, when a collection agent or lawyer threatens to sue, it is to frighten you into making larger payments or establishing an impractical and financially infeasible payment schedule.

Can a collection agency still try to sue you?

Even if a collection agency can no longer sue you, they can still make efforts to collect the debt from you. That includes calling you, sending letters, or reporting the debt to a credit bureau if the debt is within the credit reporting time limit.

What do you need to know about a debt collection lawsuit?

The Lawsuit Begins A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

Is it legal for a debt collector to collect?

Debt Collection Laws. Although collectors are legally entitled to attempt to collect all owed debts, they are restricted in the methods they can employ by the Fair Debt Collection Practices Act.

Can a credit card company sue a debt collector?

A creditor isn’t going to risk not recovering the $2,000 it must pay to a collection attorney to sue you over a $285.00 debt. That’s why credit card companies (and other big unsecured creditors) write off millions each year in uncollectible debt and simply pass on the cost of this to consumers in the form of higher interest rates and fees.