My question is, did MBNA ever turn your debt over to a collection agency? I thought most creditors did after a certain length of time and then when that happens they can no longer sue. Or am I wrong? Next, can collection agencies sue?
I received papers from a collection agency but have been writing letters and fighting it as they were not the original creditor.
Collection agencies can sue. I’m the perfect example. I had a problem with Bally’s Gym (long story) and my case was sent to Wolpoff & Abramson, combo lawyers/collection agency and they have since sued, won a judgement and now trying to collect. Here is a little article on how this agencies “sueing” processes work:
“First, one false rumor is that Wolpoff & Abramson (W&A) own the National Arbitration Forum (NAF); that is FALSE! They are the single largest supplier of claims to the NAF and at $ 250.00/per claim, its easy to see why they win approximately 95-98% of all claims filed. This is further bolstered by the fact that NAF pays their arbitrators (attorneys, retired judges) a fee of $250/hour to handle claims. The rules state they must handle six claims per hour for this $250, so you can understand that any claimant would be lucky for even a cursory review of documents.”
They sent me a letter saying they were going to sue. Then I received no other letters except the final one notarized saying that a judgment had been made against me and that I owe so much money.
I happen to be in a non-garnishing state (Texas), but that doesn’t mean they can’t garnish your bank account if they have the account numbers!! I’ve always only paid with a “money order”.
Good reminder to everyone when paying any collection agency!!!