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How to handle harassment by a collection agency

Lynnette Khalfani-Cox, The Money Coach by Lynnette Khalfani-Cox, The Money Coach
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Q: I have a credit card company that keeps calling me…..they took me to court in Texas and never showed up, but I did. I ask them if I could make monthly payments, they said no. I should pay half or go to court, I went to court. Now they keep calling me about it. This was 2 years ago. I forgot about the debt because they did not show up in court and did not want my money. What should I do now?

A: Don’t pay them anything. Send a cease and desist letter in which you tell them to stop contacting you. Harassing people about debts (old debts, like yours, or current ones) is illegal under the Fair Debt Collection Practices Act.

Also, what happened when you went to court? A judge should have thrown out the credit card company’s complaint or at the very least allowed you to say what amount you could afford to pay.

If they pursue this matter in court again, do show up. You don’t want to get a summary judgment issued against you, and that’s exactly what happens to people who don’t show up in court.

Lastly, find out about the statute of limitations on your credit card debt. After the statute of limitations expires, a credit card company can’t take any legal action against you to force you to pay an old bill.

Tags: Cease and desistcollectionsFair Debt Collection Practices ActOld debtstatute of limitationsSummary judgment
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About

Lynnette Khalfani-Cox, The Money Coach®, is a personal finance expert, speaker, and author of 15 money-management books, including the New York Times bestseller Zero Debt: The Ultimate Guide to Financial Freedom.

Lynnette has been seen on more than 1,000 TV segments nationwide, including television appearances on Oprah, Dr. Phil, The Dr. Oz Show, The Steve Harvey Show, Good Morning America, The TODAY Show and many more.

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