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re: How f***ed am I?

Posted on 3/9/17 at 11:59 am to
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
52044 posts
Posted on 3/9/17 at 11:59 am to
quote:

Only question is - what if they threaten to sue me?


Oh they'll definitely THREATEN to sue you. 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.

I have a co-worker who takes out loans from time to time and always puts the work number as his main number. I've gotten the call a few times and enjoy telling them I won't pass along the message for him to call them back.

My favorites thus far have been the guy that stated he was "Investigator" so-and-so and another guy who got all pissed and told me he was sending the cops over (to which he got the old "I. fricking. Dare. You." response ).

This has gone on (off and on) for years now and not a single thing has happened (he hasn't been sued, no cops showed up, etc).
Posted by Bluegrass_Cat
GVL, SC
Member since Aug 2012
1634 posts
Posted on 3/9/17 at 12:06 pm to
Right on. I appreciate the responses. As soon as I figure out the amount I will low-ball the shite out of them.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 3/9/17 at 1:32 pm to
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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