quote:
The problem, from their aspect, is that if you don't have the money already then suing you is going to do nothing for them except cause them to spend money in court. I'm not saying they absolutely won't, just that they most likely won't.

Suing her allows them to garnish wages should the court rule in their favor. It's no guarantee they won't take her to small claims court, which really doesn't cost them very much. They get a judgment, they start garnishment proceedings, and then you're also on the hook for all of their court costs.

Not a chance I would take.

I'm just not sure if the collection agency has jurisdiction to sue if they're not the original holders of the debt. I don't think they can, but I'm not a lawyer. They could always send it back to the school for them to sue though.

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Posted by EA6B

Member since Dec 2012

14754 posts

Posted on 3/9/17 at 6:01 pm to The Spleen

quote:
Suing her allows them to garnish wages should the court rule in their favor. It's no guarantee they won't take her to small claims court, which really doesn't cost them very much. They get a judgment, they start garnishment proceedings, and then you're also on the hook for all of their court costs.

Never heard of a collection agency doing this, it is too much trouble for the amount of money, they want the low hanging fruit, once a account starts taking too much time they will just sell the debt to another agency, and move own.

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Posted by GFunk

Denham Springs

Member since Feb 2011

14966 posts

Posted on 3/10/17 at 10:44 am to The Spleen

quote:
The Spleen

quote:
Suing her allows them to garnish wages should the court rule in their favor.

Which I'm honestly shocked Sallie Mae didn't simply garnish her wages already to retire the debt to be honest.

If they didn't-and there's absolutely, positively no way to get around not paying when you owe Sallie Mae-then Shady McShaderson Collection Services ain't going to, either.

quote:
It's no guarantee they won't take her to small claims court, which really doesn't cost them very much. They get a judgment, they start garnishment proceedings, and then you're also on the hook for all of their court costs.

Yeah...no. This isn't going to happen. If they coulda, they woulda.

quote:
Not a chance I would take.

That route ain't for everyone. I agree totally with you.

quote:
I'm just not sure if the collection agency has jurisdiction to sue if they're not the original holders of the debt. I don't think they can, but I'm not a lawyer. They could always send it back to the school for them to sue though.

The collection agency paid money to get ahold of the debt, and in order to transfer it back to the school they'd have to relinquish their ability to collect on the debt. The entire reason the school sold it is because they didn't want to go this route in the first place. There's no logical reason or scenario this would happen. It makes zero business sense for either entity-educational institution or collection agency.

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