Collection lawsuit

[Karym213]

Jurisdiction

Texas

Hello,
A collection agency sued me for not paying a credit card balance of $1100 just like from nowhere!!
They sent me like three letters asking me to pay and I didn't have money to pay them, too much personal stuff going on I'm my life.
So what to do?
Can I ask them to drop the lawsuit and make payment arrangement with them?
is it bad to be in my records?

Thank you

 

[adjusterjack]

A collection agency sued me for not paying a credit card balance of $1100 just like from nowhere!!

Out of nowhere? The next sentence seems to contradict that.

They sent me like three letters asking me to pay and I didn't have money to pay them, too much personal stuff going on I'm my life.

OK.

So what to do?

Pay.

Can I ask them to drop the lawsuit and make payment arrangement with them?

You can ask. They can say no. Which is what they are likely to do since they already started the lawsuit. They might drop it temporarily if you actually send them some money. Paying is paying, talking about paying is not paying.

Creditors hear talk all the time.

is it bad to be in my records?

Of course it is. Get your credit score and you'll see.

 

[mightymoose]

How do you know you are being sued? What have you received?
Many collectors will try to trick you.

How old is the debt? When is the last time you made any payment or used the account?

 

[Karym213]

How do you know you are being sued? What have you received?
Many collectors will try to trick you.

How old is the debt? When is the last time you made any payment or used the account?

The court send me something to appear in less than 14 days
The debt went to collection on May 2018

 

[mightymoose]

The court send me something to appear in less than 14 days

I don't know the minimum time Texas requires to serve notice, but 14 days seems a little short, or maybe that is the minimum. You might be able to delay things to get time to obtain assistance.

The debt went to collection on May 2018

A debt typically goes to collection long after it becomes delinquent. When is the last time you had any activity on the account, whether payment or purchase?

Regardless of any of this, they can't take what you don't have. If you aren't in a situation where time limits might protect you then you might be best off to contact them and negotiate a payment plan. This is better than having a judgment against you in court.

 

[Karym213]

I don't know the minimum time Texas requires to serve notice, but 14 days seems a little short, or maybe that is the minimum. You might be able to delay things to get time to obtain assistance.


A debt typically goes to collection long after it becomes delinquent. When is the last time you had any activity on the account, whether payment or purchase?

Regardless of any of this, they can't take what you don't have. If you aren't in a situation where time limits might protect you then you might be best off to contact them and negotiate a payment plan. This is better than having a judgment against you in court.

I mean before it went to collection I haven't made any monthly payment for six 06 months (I spent 3months in my country, when I came back I had to find another job, it needs time to get on feet).
I'm just looking for a way to arrange payment plan and them drop the lawsuit, i don't want it in my records; is that possible?

 

[mightymoose]

Yes it is possible.
Contact them directly and negotiate a payment plan. $1100 is not really that much. They should work with you.

Make sure you appear at the court date unless you can confirm with the court that the matter has been cancelled. If you do have to go to court you can negotiate payment there and still avoid a judgment.

The court wants you to resolve this on your own.

 

[Karym213]

Yes it is possible.
Contact them directly and negotiate a payment plan. $1100 is not really that much. They should work with you.

Make sure you appear at the court date unless you can confirm with the court that the matter has been cancelled. If you do have to go to court you can negotiate payment there and still avoid a judgment.

The court wants you to resolve this on your own.

Thank you for your helpful help.
So
first thing to do : I have to go to the court tomorrow Monday and tell them what?
Second thing to do: call the collection and negotiate
I'll post updates... I'm not from this country and I've never been sued in my life, that's why I'm a little scared!

 

[army judge]

I'm just looking for a way to arrange payment plan and them drop the lawsuit, i don't want it in my records; is that possible?

Only the creditor can say yes or no.

Their are only two ways to stop the lawsuit: 1) pay the creditor the tribute demanded or 2) file a chapter 7 bankruptcy.

 

[Karym213]

Only the creditor can say yes or no.

Their are only two ways to stop the lawsuit: 1) pay the creditor the tribute demanded or 2) file a chapter 7 bankruptcy.

Definitely not bankruptcy!!
Thx

 

[army judge]

Definitely not bankruptcy!!
Thx

If you have the ability to escape to another nation, that'll thwart the debtor, too.

You can't be touched outside the USA for a debt allegedly incurred in the USA.

 

[mightymoose]

Thank you for your helpful help.
So
first thing to do : I have to go to the court tomorrow Monday and tell them what?

Is tomorrow the date of your hearing? The end of 14 days?
If so, show up and seek out whoever is representing the collection agency and offer a payment plan. They may not be there, or pretend not to be, hoping you fail to show and a quick default judgment could be obtained against you.
If you do work out a plan, what until your case is called and inform the judge both parties have reached an agreement.

Second thing to do: call the collection and negotiate
I'll post updates... I'm not from this country and I've never been sued in my life, that's why I'm a little scared!

NO.... Contact them and attempt to negotiate FIRST. If tomorrow is the scheduled court date then forget contacting them. It is too late. Try to negotiate an agreement at court or contact the collections agency afterward if they fail to show up.

 

[mightymoose]

Even if you do make an agreement with someone, make sure you appear in court unless you get conformation from the court that the matter has been dismissed.

 

[Tax Counsel]

You can't be touched outside the USA for a debt allegedly incurred in the USA.

Well, creditors can chase after you in a number of foreign countries. There is an international treaty that provides a way to domesticate a U.S. judgment in a foreign country and there is also the possibility of suing for the debt in the foreign court, too. The problem is that either of these options are going to cost more than the $1,100 at issue here. Of course, moving to a foreign country is likely to cost more than that, too.

 

[army judge]

Well, creditors can chase after you in a number of foreign countries. There is an international treaty that provides a way to domesticate a U.S. judgment in a foreign country and there is also the possibility of suing for the debt in the foreign court, too. The problem is that either of these options are going to cost more than the $1,100 at issue here. Of course, moving to a foreign country is likely to cost more than that, too.

Captain Obvious, thank you for the nuggets of "whatchamacallit"!

BTW, OP is from a foreign country.

OP reported just returning from her/his homeland when he/she received news of the debt.

 

[Tax Counsel]

Captain Obvious, thank you for the nuggets of "whatchamacallit"!

Why do you seem to have the need to respond to posts that contradict yours with insults like this?

 

[army judge]

Why do you seem to have the need to respond to posts that contradict yours with insults like this?

Thank you, Den Mother.

 

[zddoodah]

So what to do?

That depends largely on your ability to pay your debt, which you didn't tell us about.

Can I ask them to drop the lawsuit and make payment arrangement with them?

Of course you can ask. Did you really think there might be some prohibition on asking?

is it bad to be in my records?

Huh?

I agree with this:

show up and seek out whoever is representing the collection agency and offer a payment plan. . . .
If you do work out a plan, [wait] until your case is called and inform the judge both parties have reached an agreement.

. . . If tomorrow is the scheduled court date then forget contacting them. It is too late. Try to negotiate an agreement at court or contact the collections agency afterward if they fail to show up.