Sylvestor McBean
New Member
- Jurisdiction
- Kansas
I've had this question for years, hopefully someone here can help me out with it. Here's a hypothetical scenario to illustrate what I'm asking:
Say you hire a contractor to do some remodeling work in your basement. The contractor does a poor job, or maybe doesn't even do the work at all, but he sends you a final invoice anyway claiming you owe him money. You state that you don't owe him anything since he didn't fulfill his obligations to you, and he threatens to send you to collections. What are the rules governing what debts can and cannot be 'sent to collections'? In this scenario, since there is not agreement on the amount owed, wouldn't he have to take you to small claims court to try and get you to pay up? Does a collections agency have any right to collect on a debt where the debtor disputes the debt?
This question applies to large corporations too. Say Corporation X feels you owe them money, but you feel otherwise. Can they send your account to collections? Don't they have to prove they are actually owed the money before attempting to collect on it?
Final question: If that contractor or Corporation X does decide to take you to small claims court, don't they have to do so in the county where you live?
Thanks for any help you can provide!
Say you hire a contractor to do some remodeling work in your basement. The contractor does a poor job, or maybe doesn't even do the work at all, but he sends you a final invoice anyway claiming you owe him money. You state that you don't owe him anything since he didn't fulfill his obligations to you, and he threatens to send you to collections. What are the rules governing what debts can and cannot be 'sent to collections'? In this scenario, since there is not agreement on the amount owed, wouldn't he have to take you to small claims court to try and get you to pay up? Does a collections agency have any right to collect on a debt where the debtor disputes the debt?
This question applies to large corporations too. Say Corporation X feels you owe them money, but you feel otherwise. Can they send your account to collections? Don't they have to prove they are actually owed the money before attempting to collect on it?
Final question: If that contractor or Corporation X does decide to take you to small claims court, don't they have to do so in the county where you live?
Thanks for any help you can provide!