Q: Wife owes 300.00 to collection co. In colo., we live in fl. They said they would do a uninvolitary collection
What is a unvolintary collection?
A: I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all communication must be in writing, they can only write you letters or else they will be in violation of the Fair Debt Collection Practices Act, which carries mandatory monetary penalties against the collection company for each violation. The actual collection process is unlikely to involve anything "involuntary" at least until after they file a lawsuit for collection and win the lawsuit. If there is a Final Judgment against your wife, it's possible they could garnish her wages or bank account, but until that time, the collection company has very little power other than intimidation. I would recommend documenting their contacts and if a lawsuit is filed, contact a collections attorney to determine the best course of action for you. If you do nothing and a judgment is entered, you will have limited options. Best of Luck! Jennifer
A: A collection agency can call you and write you letters, demanding payment. The agency may be able to report the debt to a credit bureau reporting agencies. But unless it owns the debt, it cannot sue you without hiring an attorney (in most cases). Most collection agencies do not buy debts; most have accounts referred to them by the original creditor. If the agency is not successful collecting, the creditor will pull the account(s) back, and refer them to a different agency. The fact the agency is in Colorado and you live in Florida raises more questions that it answers. If your wife owes the money, and you can pay it, pay the debt and be done with it. Or don't, but be prepared for negative consequences. An "involuntary collection" is a term somebody made up - it has no actual meaning beyond what people think it means. But generally, if you make a payment, it's voluntary. If you are sued, have a judgment entered against you, and then have your wages garnished or have your property taken from you to satisfy the judgment, that's an "involuntary" payment. (if she owes it, pay the darned thing.)
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