Being sued for an old debt… any advice on how to handle this?

So as the title says, I’m being sued for an old debt, about $1,700, but I don’t even remember who the original creditor was. Now it’s with Jefferson Capital Systems. I made some bad choices a few years back when I was struggling, took out loans, and now it’s catching up. I’ve been clean for 3 years, still trying to clean up the mess from before. Should I just show up to court or is there a way to settle this before? I’m in PA.

Maybe call them and see if you can set up a payment plan or settle it? Just a thought…

Ren said:
Maybe call them and see if you can set up a payment plan or settle it? Just a thought…

Is it too late to settle since I already have a court date?

Darby said:

Ren said:
Maybe call them and see if you can set up a payment plan or settle it? Just a thought…

Is it too late to settle since I already have a court date?

Honestly, you’d have to call them to get a real answer. We can only guess here. The company handling your debt would know for sure :man_shrugging:t3: It’s always worth a shot to call.

@Ren
My bad, thought people here might have gone through the same thing.

Darby said:
@Ren
My bad, thought people here might have gone through the same thing.

Don’t be rude to folks trying to help. Step one: call the bank.

Darby said:
@Ren
My bad, thought people here might have gone through the same thing.

Hey, fair point. I assumed you’d try calling the collectors first. Now we’re even :sunglasses:

Darby said:
@Ren
My bad, thought people here might have gone through the same thing.

Just a heads-up… don’t go into court talking like this.

Ren said:
Maybe call them and see if you can set up a payment plan or settle it? Just a thought…

Just a heads-up – the Fair Debt Collection Practices Act (FDCPA) has certain rules. They can’t come after more than they paid to buy your debt. Also, collectors can’t pursue this if they’re out of your state, and attorneys aren’t allowed to act as collectors.

@Florian
>The Fair Debt Collection Practices Act (FDCPA) says that a debt cannot be sold

Please show that part in the FDCPA?

>They can only collect what they paid for it.

This is incorrect. Debts can be bought and sold, and collectors can pursue the full amount.

>If a debt isn’t validated, it’s not legally collectible.

Again, not true. The FDCPA lets you request validation, but only within 30 days of notification. After that, it’s up to the collector if they want to respond.

Here’s more info from Consumer Financial Protection Bureau:

>Collectors have to operate in your state, and lawyers can’t act as collectors.

If a lawsuit is filed, attorneys can represent the debt collector.

@Florian
Finally, some helpful info. Thanks!

Darby said:
@Florian
Finally, some helpful info. Thanks!

Worked in debt collection for 20+ years and as a paralegal now. This info you got is mostly incorrect.

Debts can be sold and collectors can try to get the full amount to make a profit. If they go to court, they’ll prove ownership of the debt there. Attorneys can absolutely act as collectors.

Best bet? Call the agency. See if they’ll settle or let you do payments.

@Zorion
Thanks

Darby said:
@Florian
Finally, some helpful info. Thanks!

A lot of this info isn’t correct.

Make them show proof they own the debt. If they don’t have transfer documents, they might not have the right to collect.

Florian said:
Make them show proof they own the debt. If they don’t have transfer documents, they might not have the right to collect.

OP can try to ask for this during Discovery, but it’s too late for regular validation.

So when you say you’re being sued… did you get an actual court summons, or just a letter saying they might sue you?

If it’s just a letter, they’re probably trying to scare you into paying. You could call them and try to work out a deal. Always keep records of any agreements.

But if you’ve really been served, you might want to contact a consumer attorney. If you’re up for it, you could file a response yourself. Someone posted a guide here on how to deal with these cases – I’ll see if I can find it and share.

@Lin
Yeah, got a summons. Wasn’t sure if calling the law firm was a good idea. Don’t want to say anything that could hurt me in court.

Darby said:
@Lin
Yeah, got a summons. Wasn’t sure if calling the law firm was a good idea. Don’t want to say anything that could hurt me in court.

You could send the law firm a certified letter instead. Keeps things on record.

If you’re not sure how to word it, ChatGPT could help you draft a simple letter. Start there, then adjust as needed.

But don’t ignore it. Sometimes law firms can settle if you reach out first.

Darby said:
@Lin
Yeah, got a summons. Wasn’t sure if calling the law firm was a good idea. Don’t want to say anything that could hurt me in court.

You can still call them even if there’s a court date. If they agree to a payment plan, they might cancel the hearing altogether.