Simm Associates If I don't make this payment a Civil Action will be filed against me today, plus my salary will be garnished! Newark Delaware

This isn't a ripoff, is it? You aren't denying that you owe the money; you're just upset at how the collection agency is handling it.

Under the Fair Debt Collections Practices Act, you have the right to dispute the claim and receive verification of the debt in writing. You also have the right to demand that the collection agency cease all attempts to contact you until verification is received, and that all communications with you be in writing. This will not save you from having a complaint filed against you if you do indeed owe the money, but it will take them off your back.

Start by sending them a letter - 1 copy regular mail, 1 copy certified mail, return receipt requested - telling them that pursuant to the Fair Debt Collection Practices Act, you are disputing the debt and that you request verification of the debt. Also, that you are requesting verification of the identity of the original creditor since Simm Associates purchased the debt from HSBC. Further, advise that all communication with you is to be in writing and that no efforts be made to collect on the debt until the requested information is received.

I would also suggest that if you do indeed owe the debt, you try to work out a payment plan with Simm before they file suit. It's possible that the contract or agreement they're suing you on includes a provision for collection of attorney's fees in the event suit is filed, and with that plus prejudgment interest, you could end up owing a lot more money on a wage garnishment than you would if you tried to work something out now.

Hope this is helpful