When your name has been turned over to a debt collection agency it is because there is a creditor that is making an attempt to recover any consumer credit or loan payments where you have defaulted on the payment plan.
If you have missed several payments consecutively, you as the consumer generally have 30 days from the bill due date the make the payment before it is reported to a credit bureau and approximately 90 days delinquency before being submitted to a collection agency for recovery.
It is in a consumer’s best interest to make every attempt to settle the debt in the first 30 days of delinquency. This is the time span when the creditor will contact you via phone, letter or email in order to get the payment from you and any late fees that have been assessed to the account.
If a consumer does not settle the debt in the first 30 days, then the debt is handed to another internal department before going outside to a collection agency, who has the power to report you to one of the primary credit bureau’s and thus close your credit card in the process. Debt collection pretty much follows the same process everywhere. It doesn’t matter whether it is debt collection in the domestic region of where you live or whether it is debt collection in Spain. The bottom line is getting the debtor to honor his or her commitment and relinquish the outstanding balance on the account.
As a consumer, if you continue to ignore the debt you owe, hoping it just will somehow go away, you need to understand that the debt collector has the right and the ability to sue you for the money that you owe,
If they serve you with a lawsuit and you are summoned to court, it is in your best interest to NOT ignore the situation or fail to make your presence known in the court of law. The last thing you will want a judge to do is to grant a default judgment against you.
Your appearance in court will give you a fighting chance to enter into a settlement agreement or arbitration before any trial date has been scheduled. When this is done you will have the opportunity to avoid a trial and any of the added legal fees that go along with the process.
When debtors fail to show up in court sometimes the collector will continue the process and make an attempt to get a summary judgment, especially if none of the facts are being disputed by the debtor. As a consumer, it is important for you to know that if this does happen then the creditor can win the lawsuit without necessarily having gone to trial.
However, most consumers realize the necessity of a summons and show up in court to either dispute the charges or to agree to some type of settlement.
If your case is serious and it proceeds to trial, it is in your best interest to obtain a consumer lawyer that will represent you. Your case will proceed as any normal trial does, allowing both parties to express their side of the circumstance. Afterward, the judge will then make the final decision and the case will thus be closed.
However, if the case turns out where the debt collector receives a judgment against the debtor, they will then be entitled to the amount that is owed and they can, if they wish, use alternative debt collection methods, to their liking.
For instance, they may choose to garnish your wages, seize any valuable property that you may own, or they may decide to implement a bank levy against your personal account. If this happens, you will not be allowed to withdraw or deposit any amount of money from or to your existing bank accounts.
Therefore, if you know that you are in debt delinquency, it will be wise for you to make every attempt to settle your debt with a collection agency as expeditiously as possible.