If a collection company is threatening to take me to court but they cannot find me what should I do?

UPDATED: Apr 12, 2012

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If a collection company is threatening to take me to court but they cannot find me what should I do?

This is a payday loan I got about 2-3 years ago and shortly after that I lost my job so my bank account was closed. They are calling my parents house and said I have been put on a list of theirs. Is it a docket ? I dont have a job or any income currently. what is the best thing I should do? Should I call them?

Asked on April 12, 2012 under Bankruptcy Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To be taken to court, you have to be served properly with court documents--the summons and complaint. It is valid service which creates personal jurisdication, or court power, over you. To be served, they need to know where you live or where  you work--if they know or can find this out, assume they will be able to serve you. Having you on a "list" of theirs is not a court docket and does not give them any rights over you--it's when you are served that a lawsuit is initiated.

If  you don't have a job or income, even if you were sued, they probably cannot recover anything from you, unless you have some other assets (e.g. real estate, money in the bank or brokerage account) which could be monetized in some way. However, you still don't want a judgment against you, since that will hurt your credit rating--and also, once there is a judgment against you, it could be enforced for years to come, such as if you get a job or come into money or property.

If you are not in a position to pay the creditor, or at least to propose a payment plan which they might find acceptable, there is probably no advantage to calling them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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