cancel
Showing results for 
Search instead for 
Did you mean: 

Just found this"Is this true?"

tag
Anonymous
Not applicable

Just found this"Is this true?"

The creditor called and threatened to sue me if I didn‛t pay my debt.
Is that legal?
Yes. A creditor can threaten legal action against you. This includes threats to garnish your
wages or seize collateral. However, such action can only be threatened if i
t is taken in the
regular course of business or
intended to recover
your particular debt. Only the creditor
not a third party collection agency,
has the authority to decide whether legal action should be
taken.-----------> A collection agency cannot initiate legal action on its own but can recommend legal
action to the creditor.<------------------
Message 1 of 2
1 REPLY 1
gdale6
Moderator Emeritus

Re: Just found this"Is this true?"


@Anonymous wrote:
The creditor called and threatened to sue me if I didn‛t pay my debt.
Is that legal?
Yes. A creditor can threaten legal action against you. This includes threats to garnish your
wages or seize collateral. However, such action can only be threatened if i
t is taken in the
regular course of business or
intended to recover
your particular debt. Only the creditor
not a third party collection agency,
has the authority to decide whether legal action should be
taken.-----------> A collection agency cannot initiate legal action on its own but can recommend legal
action to the creditor.<------------------

That statement is true if they are only representing and trying to collect on behalf of the OC, if they own the debt outright as a JDB then that statement would not apply. It is also good to note that to threaten to sue, garnish and seize past states SOL would be considered harrassment as they really cannot get a judgment past SOL if you use it as an affirmative defense.

Message 2 of 2
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.