Legal Question in Credit and Debt Law in California

Collection

What are my rights as consumer on collections? A credit card company hired a outside collector to attempt to collect the balance. I was threatened on civil lawsuit against me for small claims. Of course, I panic but collectors will say anything to collect. I would like to settle it out by 3 pmts that I can afford. Collector did not want to hear what I have to offer. They want the full amount which I don't have.


Asked on 10/07/08, 2:09 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Collection

Your rights are pretty limited. First, absent additional information, the collection agent does not appear to have done anything in violation of the law. If you don't pay the money you owe them, they have the right to take you to court and sue for the full amount due. In most instances, if you have reached a point of default where the entire amount due on the card is accelerated (all now due and payable under the terms of the credit card agreement) then they also have the right to demand the full amount paid now. They are not generally under any obligation to accept a payment plan.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/07/08, 2:55 pm


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