Legal Question in Credit and Debt Law in Virginia
Help !!! Creditor Initiated Legal Action
I have been issued a Warrent in Debt by a Bank who has charged-off the account. The Bank is seeking $10,000+Interest+Attorney's fees=I don't have. I made an offer with the collection agency, but it was refused. Since that time, the collection agency increased their harassment. Is it advisable to pursue elimination of my indebtedness on the basis of harassment with the collection agency hired by the Bank? If your response is affirmative, what steps should I take? What other options do I have to pursue this case under these circumstances?
1 Answer from Attorneys
Re: Help !!! Creditor Initiated Legal Action
A collection agent's conduct may be grounds for a Fair Debt Collection Practices Act claim against the agent, but it does not affect the creditor's claim. If you have no defenses, cannot negotiate a settlement, and can't pay, you may want to consider filing bankruptcy.