I had two credit cards go to collections in 2020—one for $1,600 and the other for $2,600. I just settled the first one after they took steps to sue me. Now, less than two weeks later, I get a letter from another law firm about the second debt.
I can’t afford another big settlement right now. I’m on medical leave and haven’t even received short-term disability payments yet. I had to get help just to pay the first one. I sent them an email asking for details about the debt, since they haven’t sent anything yet, and I’ll probably try to set up a payment plan.
But why now? Why are they suddenly coming after me back to back?
Would love to hear from anyone who has dealt with this.
I have no idea, but I’d love to know too. My ex-wife had $30k in credit card debt, and I had about $5k—most of mine was from paying the lawyer for the divorce. I got taken to small claims court for my $5k right after I fell behind, but she got a letter from Capital One saying they were writing off her debt. Makes no sense.
Used to be a debt collector, now work as a paralegal.
Collectors work through accounts daily. Sometimes, it’s just random which ones they move forward with. If the balance is high enough, they have a valid address for service, no payments have been made, and they think they can collect from you (job, bank account, etc.), then they might decide to sue.
You probably just had bad luck with the timing. It’s not like there’s some grand plan to hit you all at once.
If you ignore their calls, it almost guarantees a lawsuit because they see no other way to collect. If you call and explain your financial situation, they might hold off or work with you instead of suing.
And if a law firm is the one contacting you, they’re serious about suing—it’s not just a bluff.
Their best bet is hoping you don’t show up in court. A lot of people don’t, so they get a default judgment. That lets them garnish wages or freeze your bank account.
Your best move is to fight it in court. They have to prove they own the debt and that the statute of limitations hasn’t run out. If you ignore it, they’ll get that default judgment, and those last a long time.
Most people don’t respond to lawsuits because they don’t know their rights. That’s why collectors win so many cases.
You can challenge it. Ask for the original contract and check if they even have proof you owe the debt. Also, look into consumer protection laws (FDCPA and FCRA). A lot of these companies don’t follow the rules.
Check out cases like Hinkle v. Midland Credit Management and Norman v. Trans Union.
Dax said: @Uri
It’s Midland that’s coming after me… what a coincidence.
Midland is awful. They sued me for $700. I should have fought it in court, but I didn’t know better at the time. Then later, they got sued for shady practices, and I got like $25 back. If I hadn’t paid them, they would have had to cancel the debt.
If they do take you to court, make sure they prove you owe the debt.
If you get sued, always show up to court. I did, and the law firm never even showed up, so I won by default.
At the time, I was going through a divorce and couldn’t afford to have my wages garnished. My plan was to argue that paying would put me below the poverty line, but I didn’t even need to do that because they never came.
@Vern
Thanks for this. The only thing I own is a 2014 Mini Cooper, which Carvana says is worth $2,600. And technically, I’m just a co-signer on it. Paid it off over two years ago.
It’s frustrating that they’re coming after me at all. I lost my job during Covid and couldn’t make payments for a while. Weren’t there supposed to be protections for this?