Thursday, July 16, 2009

Can You Fight Those Bill Collectors?

I'm sure a lot of people out there have had those calls from bill collectors and collection agencies. I found this information online and maybe it will be helpful:

In response to.........

a bill collector can and will get an order against you for a cash only warrant on an unpaid bill. In order to do this though, certain things have to happen first. If you have an unpaid bill, they first have to take you to court and get a judgment against you. If you don't appear at this initial hearing a judgment by default will be entered against you.

The next process is then to file a motion and order for supplemental information. Once they have a judgment, they then want to know your financial information, they subpeona you to court and then usually talk to you prior to court to try to arrange a payment based on the information you give them about your income. Usually an agreement is made for whatever it is you can afford even if it is only twenty dollars per month. If you don't appear for this hearing, a judge can issue a cash only warrant usually in the amount of no less than 200 and no more than 1000 dollars, depending on the amount of the bill.

At this point then, you have an active warrant for your arrest and can be thrown in jail. Only to get out when you have paid the cash only bail or see the judge.

This can also happen if you fail to make the payment that you have arranged at a supplemental hearing. The bail amount less whatever the current warrant fee to the court is then applied to your unpaid bill. If you continue to fail to make payments or not show up to ongoing hearings, once they have obtained a judgment you subject yourself to ongoing warrants and potential arrests.

This is for civil actions, usually old utility bills, medical bills etc.

In the case of writing or bouncing a check, it is unlawful in nearly any state to write a bad check, these can usually be taken if over the amount of five hundred dollars to a local police department and criminal charges or arrest can occur. It just depends on how busy the police are and what area you live in. Hope this clears
the matter up for you. Good luck everyone!

And here is a reply posted to the above message:

"Let me tell you about jail and bills. No bill collector will take you to jail. This will not happen. Let me tell you why. It will take $5,000 (or around that
amount) for them to place a court order to get you to jail. Now, think about this. If you owe them like $500.00. Do you think a company will pay 5k to get you to jail on 500.00 that you owe. That is cost effective for the company. If they did that to everyone who owes that company. The company would go broke.

NOw, look at the form letter that you got. That's right, form letter. It is a mind way of making you worry and the more you worry the more they think you will give up.... Fight! fight for your right. Yell at them. Tell them to leave you a lone. Trust me, they have more people on there plates. Look at the letter, listen to
the phone message. Think of what they are really trying say. Act but don't react right away.

You can fix this and you can get it right. Just fight.....

No comments: