Legal Question in Credit and Debt Law in New York

I lost my job back in December due to downsizing and couldn't afford to pay my credit card payment anymore- not even the minimum. It eventually went to a collection agency. I talked to the collection agency and told them I could ony afford $20-$30 a month because I was on the verge of losing my house( thank God I didn't) but they would not except that so I told them I am sorry but having a roof over my head is more important. I then starting getting all these letters from lawyers saying I was being sued and that they could help. A few weeks after that I was in my backyard a man came up and asked if I knew who (insert my name) was and I said no, he showed me paper with my name and I still said no and that was the end of that. I didn't here anything for awhile but then got something in the mail from a new collection agency for the debt. Does that mean the other collection agency sold the debt to this one and if so will they still try to serve me after all this time? I pulled my credit report to see if there was any judgements against me but I didn't see one, it just showed that the debt was in collection. Will they try to serve me or not bother seeing as they sold it to another company and I am on unemployment. Please help I am stressing about this- Thank you so much


Asked on 9/30/10, 2:57 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

If you receive a letter from a collections company, dispute the debt within 30 days and demand full proof of the debt. With the repetitive credit flipping, the papers may have been lost. Furthermore, in the letter, tell them not to contact you by phone or you will sue them.

If they serve you with a complaint and summons, depending on the amount of the disputed debt, you may want to contact an attorney to defend the suit or file for bankruptcy.

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Answered on 10/10/10, 5:21 pm


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