If I owe a company money and I have fallen late on the payments, as long as they are accepting the payments that I do make, can they still sue me?

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If I owe a company money and I have fallen late on the payments, as long as they are accepting the payments that I do make, can they still sue me?

If the above mentioned company has filed a suit against me and they have been harassing me and lying about serving me, can I sue them?

Asked on August 9, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are still making payments on an obligation you owe and can continue making them, do so even if you are being sued by them. Payments by you will help decrease the balance owed. Before you go to trial, you will probably be sent to a settlement conference to try and resolve the problem.

If you are making payments at this time, the person holding the settlement conference will most likely press the creditor to resolve the dispute upon the monthly payments you are making since trials can use up a lot of court time.

The only way you can sue the collection company is if it has violated your state's laws on fair debt collection pracrices or the federal law on the subject, "Uniform Fair Debt Collection Practices Act".

Look up what the statutes say what constitutes an unfair debt collection practice. If what the collection company is doing to you amounts to be a violation, you could possibly have a basis for bringing an action against it.

Good luck.


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