Being sued by collection agency. I was served to appear in 2 weeks. I live in the Texas. Any advice?

You are correct - you did NOT incur the debt with the collection agency. HOWEVER, your credit card company (herein referred to as “Creditor”) has hired an outside collection agency to collect for them because they have exhausted all their internal collection processes to get you to pay or whatever.

In my company, if a customer defaults in payment then after so many days (usually 90, but sometimes sooner) we will refer the account to a collection agency if our own internal collection process is unsuccessful.

In your situation, the collection agency that is contacting you was hired by the creditor you owe the debt to.

If the county Sheriff’s Office served you with papers then yes you should appear in court. If you don’t show up in court, then you would be in default of a court order and a judgment is put against you. And from there can collect any known assets you might have like a car or something. They can’t come to your house and take things out but I think they could take your car. For example, if you have a car parked in the street or something, and they know its your car, the collection agency people cannot take it just like that. They are REQUIRED to call the sheriff’s office and have a deputy come out on site or whatever. Keep you car in a garage or something if you fear of them taking it. Keep in mind this is only a civil matter, not a criminal matter so you it’s not an arrest able offense or anything if that is what you are worried about.

Another option for you is to declare bankruptcy. That will hurt your credit and will stay on your credit report for 7 to 10 years. If you file bankruptcy it will clear you of any debts you owe I believe and in some states it is quite simple to do. Your attorney should be able to assist with this.

Do you have any questions or anything else you need to know?

Banks and credit card companies sell debts to other companies who then sue to collect.

Read all the fine print in your contract with the credit card company. I am certain that you will not find any clause that tells you that they will just forget about an unpaid balance if you do not pay them for three years.

Some collection agencies make big mistakes though. I work with civil courts in Texas and have seen defendants successfully fight against some of these collection agencies. None have been successful without an attorney. Consult your attorney as soon as possible.

You incurred the debt with the credit card co, and they sold it to a collection agency. You still owe the money, even if the credit card co wrote it off.

Are you sure they had wrote it off??? Because maybe they didn't and sent it to a collection agency. What i would do is call them and ask them .."How did I incur this debt?"...and if it is your credit card then it is. But hey maybe it is someone else's....But I would want to find out.

I agree with exitwound, pay your bills.

You probably signed a contract when you got the credit card saying you will be liable for collection expenses. That is standard boilerplate language in those things.

So, if the CC company turned it over to a collection agency, it doesn't matter whether they wrote it off or you paid the bill. You still are liable for the collection agency's bill. Unlike the CC company, the collection agency sees you as a source of income and are not likely to give up.

Besides, you received the merchandise or services that you paid for with the credit card, are you a thief? Pay your bills.

in many cases hospitals will basically do fee plans for 6 months. i think which you probably did no longer particularly have an contract with the wellness midsection for this fee plan yet have been basically sending them some money. The wellness midsection had each acceptable to cost off the debt and sell the debt to a team company. Hospitals basically don't have the staff to handle guy or woman account receivables. that is consumer-friendly for hospitals to tutor bills to sequence companies even whilst there's a cost contract. Hospitals do no longer report to the credit bureaus. It expenditures money to join the credit bureaus (that are private companies -- no longer government) and hospitals have no ought to apply credit bureaus. sequence companies might report the debt to the credit bureau. yet there is particularly NO requirement for every person to report something to the credit bureaus. My guess is that the debt became into bought to a sparkling sequence company who tracked you down. you may touch them and paintings out a freelance. you would be waiting to settle for under the excellent stability in case you arise with a lump sum fee. in case you have definitely won a summons, they're going to insist on your signing a consent judgment for any fee plan. That way in case you default on the fee plan, they are able to apply the judgment to deliver jointly. while you're searching for a loophole to get out of the lawsuit, forget approximately it. you need to answer the summons interior the time distributed. do no longer worry claiming the wellness midsection wrote off the debt and no one advised you it became into in collections. That ain't a protection for no longer paying.

Yes u owe it. They will get a judgement against u and garnish your wages. If u are unemployed they will put a lein on your car, house, etc. Just because the credit card company wrote it off doesnt mean u dont owe the money. If thats the way it worked everyone would be doing it.

Seek a lawyer. Though that alone will cost you a couple grand. See if you can't get them to settle, no reason in filing chapter 7 over $2,400. If it is your debt, they have a right to be paid off, if they can prove you owe it to them.

Pay your bills.