
Credit, Debt Collection, and Mortgages
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one roundabout way to stop calls
Heres a roundabout method to get rid of those creditor assholes calls for good- its kind of fun too...knowing they are so easily screwed (and they do so deserve it) a tiny bit complicated but well worth it.
Sign up for google voice- send in an invite request- eventually you will get your invite (I got mine in about 2 weeks)
Now change your phone number (s) that the collect agency has to a non-published #- apply that number to the google voice number you choose (you can pick your area code too) Contact one of the collection agencies and let the new number "slip" within a week they will all have the new number- now DONT give your "real" number- but the google voice number...when they call that number your phone you connect w/google will ring just as if they had called you directly. Let them call a few times so you can get ALL of the numbers they call from.
After a week or so of them calling- add the phone numbers they call from and what they give you to call back into your google voice directory- from here, you can select what you want to happen when they call- i have them blocked so they get a message that this # is disconnected. stops them cold-
Tons of other features- such as recording calls w/o consent..really helpful if you are in a state where you can do this legally- you will then not only have the whole call recorded, but also transcribed into an email and text forms.
You may wonder what is the benefit other than recording, why give them a number at all once you change #s? Its much more effective than just shutting your phone off- this way they think they have your real number...and wont go out of their way to search it out..another thing you can do is put there call into a different call method- you can have it just ring on their end when they call you but not on yours- you can have it go right to voicemail so you arent disturbed by their crap- you can block it or even block as spam which gives them a message that you do not accept their calls...and to top it all off, you can change your new google voice number as often as you wish
now the best part- its all FREE- not a trial but free all of the time...im having a blast with it screwing with these idiotic collectors- you have all of the advantages then and they have no clue- also G voice numbers are not searchable or listable in ANY directory, online or off. Just dont ever give our your real direct line phone numbers-
ooops, one more thing nearly forgot- you can apply as many phones as you want to the one phone number (i.e. home, cell, office etc.)
and no, i dont work for google or anything like that- Just thought id share the wealth-and once you are set up, its a great way to get rid of the maggots for awhile.
Peace
Callie
BE thankful for what you have
some of us lost our jobs and cannto pay our bills, and cannot find another one, one should try and be mindful of what you say.
Callie
Maybe you should just pay your debts. Just a thought.
The Law ??
Hey, maybe someone out there knows the answer to this...and please, I need a factual answer...not just an opinion, ok?)
When a debtor is currently in a legal payment plan for collection account(s)...such as payroll deduction, etc., is it not ILLEGAL for a mortgage company, or FNMA DU (Fannie Mae Desk Top Automated Underwriter system) or LP (Freddie Mac's Loan Prospector automated underwriting system) to "Require payoff" of said collection? I seem to recall there being a Federal Law that covers that when someone is applying for a mortgage (purchase money or Refinance) that the mortgage company cannot demand payoff of a collection account or a chargeoff that is currently in a legitimate re-payment plan. I really need to find, read and forward that law/statute. Thanks for your help! Steve
Can a lawyer hired by collection agy take away my home?
I owe over 100k in medical bills because Blueshield decided to not pay for my 2 back surgeries and any related medical expenses due to them believing that Workers Comp should pay or I should pay as the patient. As a result, I have to claim bankruptcy but before that, I have applied for loan modification for my mortgage. I received a letter from a lawyer and they said one of the hospitals that I owe 2k for an epidural injection 3 years ago can take away my home because I own it. I have a large mortgage on it and am on permanent disability due to having the wrong diagnosis for my 1st surgery. I lost my job and live only on my disability checks. Does anyone know if my home is safe?
Although it depends on who
Although it depends on who your mortgage lender is I would,nt count on the loan modification. You did not mention which Chapter of bankrupty you filed, a 7 or a 13. From what you described a Chapter 7 might be better overall but would probably require you to pay your mortgage current and then keep it current. A 13 would possibly allow any mortgage arrearages , the payments you are currently behind on, to be paid through the bankruptcy plan and you would be required to make your normal mortgage payments yourself. The attorney, on behalf of the mortgage company, can in either chapter file a motion to "lift the stay" and proceed with foreclosure. Your bankruptcy attorney should make you aware of all this. Dont ignore the situation or hang your hat on someone else. Follow up on things, write down who you talk to and get things in writing. Good Luck!
collection agencies
Several months ago my husband had to go to court for a credit card debt. They set him up for payment arrangements for 4 months now that time is up and the collection agency has called sta(ing that w*s temporary and it is time to increase the payments since he isn't even making an interest payment which is 10 percent a month of the debt in TN. I told him we couldn't afford what they were wanting because after a lose of jobs my husband already has 3 garnishments out of his check a week at ed percent each of his disposable income. He told me the court part was over and if we couldn't pay it would be treated as an involuntary to pay and post litigation procedures would take place. When I asked what he meant by that he told me if I wanted to know what they could do now to contact an attorney. We have always paid our bills and hit hard times a couple of years ago with loss of jobs and went from a 757 credit score to who knows;a foreclosure, a repossession (paid off), and numerous cc debt now past due and garnishing for them. Can anyone help me and tell me how to proceed in the state of TN. Thanks!!
collection agencies
Several months ago my husband had to go to court for a credit card debt. They set him up for payment arrangements for 4 months now that time is up and the collection agency has called sta(ing that w*s temporary and it is time to increase the payments since he isn't even making an interest payment which is 10 percent a month of the debt in TN. I told him we couldn't afford what they were wanting because after a lose of jobs my husband already has 3 garnishments out of his check a week at ed percent each of his disposable income. He told me the court part was over and if we couldn't pay it would be treated as an involuntary to pay and post litigation procedures would take place. When I asked what he meant by that he told me if I wanted to know what they could do now to contact an attorney. We have always paid our bills and hit hard times a couple of years ago with loss of jobs and went from a 757 credit score to who knows;a foreclosure, a repossession (paid off), and numerous cc debt now past due and garnishing for them. Can anyone help me and tell me how to proceed in the state of TN. Thanks!!
Being served papers
The Sheriff's dept in Minneapolis is trying to serve me court papers at my parent's house. I am thinking that it is credit card debt due to my divorce from my husband. I have been living in Canada for the last 7 years. Does anyone have any advice on what to do? Can I just ignore it since I have no assets in the USA and my life is now here in Canada and unemployed? Any advice would be much appreciated. Thanks!
yeah, after 7 years the
yeah, after 7 years the statue of limitations has expired, I would double check what state yours is, most states it's 5 years from the date you last paid. If it has expired they can't do nothing
charge off - 2nd mortgage
I have a 2nd mortg that has been charged off.. How soon should I expect the collection agency to start calling me? Can I offer small payments since I am broke or will they be nasty and want the full 90K? I want to satisfy the loan but can't afford much. maybe $200 a month.. What should I do?
2nd. mortgage debt
In my experience if you lay it on the line with the lender, they will work with you. On my home they reduced a second note of $130,000. down to $32,000. and gave me 6 months to pay it. The sooner you can pay them the less you will pay. Don't be afraid to make them a rediculous offer. I offered $10,000. on this debt and they came back with the $32,000.
A few things to make sure of:
#1. get the offer and all details in WRITING!!!!
#2. make sure they are flexable if something goes wrong and you cannot keep up with the new terms.
#3. They will update your credit and showed it paid in full when you pay the final payment.
I am not a financial guru, I was an investor, this has been my experience with different lenders. The worst thing is not communicating with them. When they realize you don't have the money, more often than not, they will take what they can get. Cash is King in this financial jungle. Hope this helps.
File Chapter 7 or Wait
The only way you can get rid of that debt it to either file a Chapter 7 or wait seven years and see if the charge off debt is refiled with the county, which most are not and after the seven years the debt is uncollectable and should fall off your credit report.
credit card debt - how can I get out of it
I am a single mother. I just recently had my Bank Management job eliminated and cannot find another one. I own a home but it is mortgaged to the tee with no more equity due to my child's father previous debt problems that we saddled onto me. I do not know what to do. I am an insulin dependent diabetic and this is making my sugars higher than normal.
I am afraid that I am going to lose my home. I don't know what to do, or where to turn.
they are beter alternative then to file Ch7
A friend of mine was in similar situation. I referred him to my debt Consultant. Have you considered debt settlement? Due to our former president there is actually a 5% chance of getting a Chapter 7, to even qualify for a chapter 7, you have to be making $19,000 or less per year. With debt settlement they can settle with your creditor for pennies on the dollar typically 50-60 cent on the dollar.
It’s a free consultation
There are upfront fees
The company currently has A- ratting with BBB
I can give you his office number if you want.
he can answer any question you have
Debt Consultant
I would appreciate this person's number if you think it would help me.
Charge Off
Well from a lender standpoint (i buy charge offs) they most likely will sell it to another mortgage company, which may service your loan themselves or send it out to a collection agency. Typically the charge off is sold 3-6 months after the actual charge off.
Offer what you can afford and if they will not work with you then go to plan B. What that plan B includes is your discretion (i.e. sell the house, file bk and walk..etc..)
You also have to look at value of the home. If the first mortgages balance exceeds the value of the home and you are current with them, then you have a little bit of leverage because they will not foreclose, unless they are desperate to get the loan off their books. But typically they will want to work with you because of the value issue, otherwise they may take a loss right off the bat if you let the property go.
But dont be fooled, values will go back up and one day they will foreclose, even if it is 10 years from now. Yes there is statue of limitations in each state that you could possibly use to your defense. Consult your local google search engine for the SOL in your state.
I hope this helps.
- <-O->-
Today the
Today the collectors cleared out my father's account and my brother's because his account was in my father's name. My brother owns a small business and he had to send out orders. He does not even have enough to ship! That money was just enough to pay bills and the mortgage...
I'm so angry and frustrated... At least i know not to put so much in my account... but I don't know what we're going to do... My grandmother could also lose her house... I don't know where we'd all go....
I don't know what they're thinking.... How will we work with out a place to stay? Most of us work from home.... I'm just so worried..... I hate collectors so much..
protecting pension from creditors
how do I protect my pension from creditors.. Thats my only income and I own nothing.
Thanks
Bill collector
So you think that harassing people over a debt is fun. Not to burst your bubble but if they have no job and can't pay a debt you expect them to pay you? Family comes first and if means putting food on the table or going hungry so that you can make your quota. Then I guess you would have no chance of ever collecting any money. What kind of fantasy world do you live in thinking that everyone eats steak so they should pay you? Give me a break. I would never pay you a dime and make your life hell.
DEBT COLLECTOR
I am a debt. collector and I am one of the persons that call your house constantly. I certainly love to call you at dinner time or just after you get into a fight with your spouse because of money problems and hear your children crying in the background. I feel that everyone here are capable of making their payments even though they have no job. You don't have to eat steak every night !!! You can eat some bread and water and be satisfied after that. Pitiful people I see on here. So if you want to make a payment go ahead right now you will feel better about yourself and your life. God Bless and goodnight.
I feel sorry for you. Do
I feel sorry for you. Do you live a miserale life.? Not everyone eats steak every night (you probably do though right? ) You say that you feel people are capable of making their payments without a job ? I mean come on , do you know these people or what? I don't think so.
You say you like to call around dinner time and you hear children in the background crying. Its' probably because the kids are hungry!!!
Then you have the nerve to end you comment with "God Bless" Please don't mention God when you yourself are judging. Its' not for you to judge people. You cannot know how they live. I'm sorry but a debt collector who brags about how they love calling around dinner time cannot be a christian
A christian is a person who exhibits the loving regard for others , a humane and decent person, and reading your note I didn't feel that at all. Sounded like you had no regard at all for others. Alll I can say is "I am so glad I don't have your job" You won't even lieave your first name; yeah, you must be so proud of yourself.
Carol
I'm with you Carol...
These debt collectors are scum. Just recently..yesterday in fact, someone called my number at 8 a.m. even though legally they're allowed to,, waking me out of a very peaceful, sound sleep, considering I don't report to work until 12:30 and that sleep is important to me. Anyways, the caller was asking for a "Charlotte Holloway" and even though I have the same last number, I don't even know the woman and I'm in no way related to her. I've had this happen to me several times in the past, I told them that no one by the name of Charlotte Holloway lives at my residence and pleae don't call again. Do they listen. No. They keep calling and calling and calling. I'm started to get the impression that they think I used to be this person and changed my name to Christine. I was Christine since birth and have no reason to change it. Why give the bastards the satisfaction.
When I asked him for his name, contact number and company he's calling with, of course he hangs up. Not surprising, considering they don't want to be reported and fined. Then again, I'm quite sure that debt collection agencies ARE protected by government authorities and just loving the power they have over us. :(
I thought about changing my phone number, but why bother? They'll just find that out too. :(
Oh, and he calls me again, at 9 a.m. on a Saturday, knowing I would be asleep. These people are heartless. They really are.
Sorry, that should've read
Sorry, that should've read as "even though I have the same last "name"",
The best part of it all
I never talk to the idiots. I know who they are right away. I say, "who is this?" . And they always say oh it's private is this so and so and I tell them you know No. And I basically say "F You, she's not here, you won't get your money". And I do it everytime. Sorry buddy, not paying, can't afford it, don't owe enough for them to bother suing me and it's almost time that they can't sue me anymore . They will go after someone, (I feel bad for them), that owes 100k and not waste their time on me. I have no idea what kind of loser would want to harass someone their whole life and make their lives miserable as a job. It's right up there with being a drug dealer. Well, at least a drug dealer makes people happy before their lives become hell. haha
Debt collectors have a real
Debt collectors have a real job. It is to get money that is owed to a company. If you borrow money, you have a moral obligation to pay it back. I do not agree with people harassing you, or anyone else. That being said maybe you should pick up the phone and make arrangements with them. Instead of acting childish on the phone, why not send them a cease and desist letter? Then they cannot contact you anymore, however it will not make the money you owe go away. If you owe it, you should pay it.
this ass hole
i am mother of three kids and u know what mother fuck like you make me sick you know what i like is how the economy is bad and you lose your 10.50 an hour job and i am a nurse who make 90,000 a year firm and claiming while you hope some one pass the past due bill so that you maybe get your check and so when the bill collector is no longer you and you come in to the hospital with a nervous brake down and your ins card don't work and we rush you out because your broke makes me feel good.
Debt and Kids
To the idiot debt collector. Why not think about those kids crying when you are calling..... They suffer more than anyone. It is bad enough the parents are trying to figure out how they will have school lunch for the week.
What a loser....
you
Hey bud go fuck yourself. Or better yet just die!
what a loser!
You, sir or madam, if you even deserve that title are a piece of shit! you clearly are miserable with your own life and your minimum wage collection job with the cutsey fake name that you are given. I often wondered what horrible thing a collection agent had to have done in this life or the last to wind up where you are- because being a collector is surely the lowest form of life that exists. As a matter of fact, I'd sooner squash a collector than a cockroach. If you had even the tiniest shred of ability or decency- you would stop hiding behind "anonymous", get your fat ass out from behind your cubicle, put down the big mac and give your real name- or better yet, get a life and a real job that does not involve harassing others to try to build up your own very low opinion of yourself (and it is probably very fitting) you don't deserve the amount of oxygen it takes to keep your waste of humanity self alive. oh and by the way- you can contact me directly at calandra8 at yahoo- if you can figure out how to do that. Im thinking you wont because you have no balls to face those you harass- give it a try maggot and see what happens- I'd love to hear from you- and don't forget to use your real name and email-and send it from your home computer. Dare you...
reply to callie
Amen. You hit the nail right on the head. Let us know if the lowlife actually responds to your challenge. I am willing to bet that the piece of crap doesn't though.
NOPE
No response from the maggot- hmmmm...I'm so surprised- and if there were one, guaranteed it would not contain real info. as expected, no guts.
DEBT COLLECTOR
You are an ignorant low life. Or should I say, you have no life. Do not use God's name. God is not with you. You have ashamed him many times over...Eat !@#$ you dog!!!!! I see how you make extra money.. You suck @#$ks !!!!!!
"God Bless"
This idiot says, "...I certainly love to call you at dinner time or just after you get into a fight with your spouse because of money problems and hear your children crying in the background." He then makes vast assumptions. And finishes it off with "God Bless".
Now, I'm going to guess there's some Christian affiliation here. If you identify as a Christian wouldn't you say that you're of that man? You're a part of God's son, Christ. Yet you write something like this which completely contradicts his teachings.
Side note: I am not Christian but I've found I'm often better educated on the man than most of his followers.
Bill collectors are pretty nasty people by nature. It's not the individual that is inherently this way, but it is a certain individual who can enter into a job such as this one and stomach the absolute disrespect for others that is mandated. I've had friends who do this for a living and I've never understood how they can come home and bash other human beings. They make so many assumptions of others with no compassion.
Then this idiot here write tops his off with a "God Bless".
I'm here because I'm helping a family member who was sent to collections. I know their story and I understand what's wrong. I also make a lot more money than any crappy bill collector yet have much more compassion and understanding.
Yes, it's your job. Yes, it's necessary that you push for your quota to get your money... fine. But to write something like that on your time outside of work? You've not only drinken Koolaid, but you've had too much.
Finally I will say this to this author and perhaps to all bill collectors:
There is no honor in what you do.
Peace.
TO DEBT COLLECTOR!!
YOU DISGUST ME!!! OF ALL THE WONDERFUL, GIVING, GRATFIFYING, LIFE-SAVING JOBS IN THE WORLD, THIS IS THE LOW DOWN DIRTY JOB YOU CHOSE TO WORK IN? JUST SHOWS HOW MUCH HOT AIR IS IN YOUR HEAD & THAT YOU HAVE NO BRAIN. AS A NURSE, YES A HIGHLY PAID, HIGHLY EDUCATED AND RESPECTED NURSE, MY FAMILY SUFFERED A HORRIFIC TRAGEDY. MY HUSBAND OF 11 YRS HAD AN ACCIDENT, (ONE WHICH COULD HAPPEN 2 U MY DEAREST) AND SUFFERED A BRAIN HEMORRHAGE AND HAD 2 HAVE SURGERY, ALMOST LOST HIS LIFE AND WAS DISABLED AND OUT OF WORK FOR 3 YEARS. IT DEVASTATED OUR FAMILY EMOTIONALLY AND MOST YES, FINANCIALLY. WE LOST OUR HOME DUE 2 MOUNTAINS OF HOSPITAL BILLS, ALTHOUGH WE DID HAVE MEDICAL INSURANCE. BRAIN SURGERY IS NOT CHEAP. ALL THE THERAPY AND HOME NURSING CARE HE NEEDED WHILE I WORKED 2 PAY ALL THE BILLS FOR THE FAMILY (AND NO!!, WE DID NOT EAT STEAK EVERY NIGHT. WE ARE VEGETERIANS!!) IT WAS BAD ENOUGH LOSING THE HOME WE WORKED SO HARD FOR, THEN 2 HAVE 2 PUT UP WITH UNEDUCATED IDIOTS LIKE YOU CALLING OUR HOME EVERY NIGHT ASKING FOR MONEY. IF YOU ONLY KNEW THE DEVASTATION WE MY HUSBAND, OUR CHILDREN AND MYSELF WERE ALREADY LIVING THROUGH. I WOULDN'T WISH SOMETHING LIKE THIS ON ANYONE, NOT EVEN YOU!! YOU DISGUSTING PIG!! THANK GOODNESS, WITH THE GRACE OF GOD, THINGS ARE SOMEWHAT BACK 2 NORMAL AND MOST IMPORTANTLY MY HUSBAND HAS HIS HEALTH BACK!
Oh my goodness, this sounds
Oh my goodness, this sounds so similar to my injury. I had a seizure while driving, blacked out, and drove off a bridge. I broke my back, neck, and traumatic brain injury. I am about to loose my home, I have 2 small girls that are freaking out, it is awful.
I am happy things are getting a little back to normal, that gives me some hope. Sorry about going off topic a little bit, but this was some hope in my otherwise bleak condition.
YOUR FRAUDING PEOPLE ON HERE
You are totally wrong as a debt collector read the FDCA and see that everything you wrote IS NOT LEGAL
KNOWS THE LAWS
MARK
TO THE COURTEOUS DEBT COLLECTOR... PEOPLE INFORM YOURSELVES
EVERYONE... Change your phone number and ask your phone company to make it private. Register it under the DONOTCALL.GOV and they will not bug you.
Also, If they sue you. FIght them and answer the legal complaint which is called "ANSWER TO COMPLAINT" It means you are legally contesting their lawsuit and want them to prove you even owe anything. These collectors never have any original paperwork to prove it. They buy debts from credit cards for pennies on the dollar but almost never " because it is not cheap" buy the transfer of ownership of such account. They never have proof and you can beat them in court 99% of the time. Their technique is to harrass people and intimidate them so that when people get sued in court they lose by default. (Meaning that you do not answer in court.) Don't let the bullies bully you. Beat them at their own stupid game.
Respectfully yours,
An interested reader willing to help those who need help from sharks like you(debt collector)
To the writer of people inform yourselves
Can you send an email to shacoop07@gmail.com. I would love to dialogue with you. I received a civil summons from a collections attorney and I have no clue as to what the original debt was. I can definitely understand everyones grief because I am being harassed by several collection agencies. One calls everyday all day long. They even call on Sundays after numerous requests that they stop because we honor and keep the sabbath day and keep it holy. I was once in a position that I paid all my bills and paid them on time, often times early and sometimes paid them up for months at a time. Now I've lost my home, going through nasty divorce, family deaths and illnesses, company layoffs and taking care of three children alone. Normal citizens are prosecuted for any form of harassment (phone, letter) because it's against the law, why can't companies receive the same fate. I'm sure if a study is performed about the amount of people taking their lives because of this harassment something would be done. If money is owed,companies should place on consumers credit and call it a day.
Intersted reader willing to help
Thanks for your post. Nice to know I'm not alone in this situation. Suggestions on beating these guys in court if it comes down to that. Email me directly. Thanks
in court
if you have an upcoming case- make sure to file the formal dispute that came with your summons, it will buy you time (perhaps months) and cost the creditor and attny $$- only way to delay things- or get an attny. and have assistance- either way, dispute it- you should have gotten a form when you were served or with your mailed summons (depending upon your counties rules) many creditors, depending upon amount owed and their likelihood of collecting at all- may just cancel as opposed to spending more on something that may never be collected. hope that helped
WOW
i could use this info......i was over padi ata jo 3 years ago and gave them back the money they sent it back saying it was in my contract to pay me......i since got laid off and am on a fixed income now......after three years they hve served me papers to appear in court in one week for the money......HELP!!!!
american home craft mailers
JUST GOT A FLYER FROM THESE GUYS IN THE MAIL, SO I CHECKED THEM OUT.
http://www.merchantcircle.com/business/American.Home.Craft.Inc..916-290-...
To the Obnoxious Debt Collector
What an arrogant, unfeeling piece of crap you are. To assume that we are all eating steak everynight, and to tell us that we should eat bread and water, just so we can line the pockets of a low life piece of garbage like you. I will pray that you get anal cancer, or pancreatic cancer and that the debt collectors start calling you everyday, about a thousand times a day. Burn in hell, because I am sure that is exactly where you will go. Douchbag...
debt collector
It is good to know that our trusty debt collectors pay their bills! It is also good to know that you have never fallen on hard times, nor has your family and friends. It is good that you sleep well at night so you have the energy you need to harrass people. It is also so clarivoyant of you to know what people eat for their meals or that they have just had an argument with their significant other. I agree there are people who try their best to get over on the system, however in this financial climate there are more who have just fallen on bad luck. Lucky you, you still get to harrass those people. I can tell you that you are not the almighty and cannot know for sure if these people owe this money. My husband and I were harrassed for months from one of you wonderful people, we however DID NOT OWE THE MONEY, your kind spit out hateful, hurtful and unecessary things to me and had NO CLUE and didn't want to listen when I told you I didn't owe the money. Your 'PEOPLE" just kept calling day after day...but guess what I proved we didn't owe it and LOL...HA HA your people didn't get their commission...now that is justice...and low and behold I slept quite well from that point on knowing someone didn't get any money in their pockets that time. So Debt collector...God bless and good night - Karma will be around to visit you someday
Background Blues
There are lots of scum out in the world that like to harass innocent people whether they owe or not. They're usually very insecure about themselves and their own spending habits and would rather be treated the way they like to be treated. They love to call at inappropriate times and also know that no matter how nice or cordial they are, deep down inside, they are the scum of the earth. Usually too, small private matters have something to do with this rebellious way of trying to scrutinize people, making them feel worthless and unwanted. When, in reality, the person making the call and doing the harassing, is just some depressed and lonely FREAK that has nothing better to do than make others feel the way they do every single morning they get up in life. WORTHLESS! Feel better yourself!!!
Ignorant Debt Collector
Maybe you don't fall into hard times. BIG TIME MILLIONAIRE! OH! I forgot you can't be a millionaire, you're just a debt collector.
Being sued for 900 and already summon to court.
Iam summon to court in Chicago. Capitol One is sueing me for 900 dollars plus court cost. I dont have any money and I just got summon 2 weeks ago July6 my court is July23, and I cant afford to pay them now. I lost my job Iam collecting unemployment which is like 300 bi weekly and just finish paying my rent and groceries, I will like to pay it but damm! I only remember owing them 436.00 now is 900 what advice can I get?...can they put me in jail?
Please file an answer...
Disclaimer (This is only for informational purposes, It is not intended to be considered as legal counsel in any way)
9 of 10 people don't answer to lawsuits because they get scared and LOSE by not responding.
Same case here with my wife. She is being sued so I will give you a tip. Is it really Capital One or a collection agency? If capital One, then deal with it by calling them directly and tell them you intent to pay but explain your situation.
IF COLLECTION AGENCY... do the following:
Don't answer your phone during this period, place the answering machine and record any threaths made to you for future use if needed.
You only have 30 days more or less to file an answer with the court. IT IS FREE!!!!!! Just go with the papers they served you and say you are a low income person. IF YOU DON"T THE WILL SEIZE YOUR BANK ACCOUNTS AND YOU WILL END UP GOING TO COURT ANYWAY PLUS PAY A WHOLE BUNCH OF EXTRA FEES. Collection agencies take advantage of people because they do not know their rights. ??
Well the same goes for lawsuits, people get scared because they think they are going to jail. Do not play their games!!! THE COLLECTION LAWYERS BUY YOUR DEBT FOR PENNIES ON THE DOLLAR PRAYING THAT THE 30 DAYS WILL PASS AND YOU WON;T ANSWER so IF YOU DON'T now they can legally take your car, bank acount, 401k, and all TO COLLECT DEBT PLUS INTEREST.(That means that they probably paid 4.00 to 10.00 bucks for your 500.00 debt). IF YOU ANSWER and DENY IT (Even though you probably owe it) THEY HAVE TO PROVE IN COURT THAT YOU OWE THEM. So you need to reply and put in the answer that you deny ALL of the allegations and write this in your AFFIRMATIVE DEFENSES :
A)Defendant was not notified of any assignment of the debt that is the subject of the Complaint.
B)Defendant does not consent to or ratify any assignment of the debt that is the subject of the Complaint, or any portion of it.
c)If allowed by this court the defendant reserves the right to plead other affirmative defenses that may become available at a later time.
95% of the time they only have a disk with your debt amount and name and address. NOTHING ELSE. You need to request they provide you with original signatures and original conttracts plus proof of assignment (MEANING THEY LEGALLY OWN THAT ACCOUNT- almost ALWAYS they don't HAVE IT AND YOU CAN SUE THEM AND WIN FOR FALSE INFORMATION TO UNDER OATH)
Also, you will probably be served with something called "DISCOVERY INTERROGATORY 10 days after being served- If they do it before, you may file a form in court to dismiss the case as they are not following the rules properly per law." DISCOVERY is just another little nasty game they play for you to admit that you owe something. DENY, DENY, DENY. Before you answer, look up how to in the internet because You can mess yourself up if you do it incorrectly.IT MUST BE DONE IN COURT LINGO. YOU ALSO DO HAVE TO ANSWER THEIR INTERROGATORY OR YOU WILL LOSE IN COURT. Make sure that whatever you send them, is certified signed return receipt and save it. You will see that they will drop the lawsuit just a day or so before the court date as they usually don't have enough evidence to support their claim and they know that if they continue you may sue them for damages claimed to you and win. SO DON'T LET THE BULLIES HIT YOU, HIT THEM BACK AND INFORM YOURSELF MORE. In the long run though, once you get yourself back to a job, plan to pay them back as it is good for your credit as well but do not get into any contracts or phone taped conversations with them. Make a plan, put it in writing and put it into effect. If it is 40 bucks a month then so be it. Don;t let them tell you how much and how often.
(NEVER OVER THE PHONE, ALWAYS IN WRITING) Go to your state's free legal advice and google it to better assist yourself.
Good luck to you and go to youtube.com and type " collector suing you" and inform yourself more. Take care and don't let this legal pit bulls bully you around. DEFEND YOURSELF!!!! AND BEAT THEM AT THEIR OWN GAME.
ins. fraud?? help
i got food poisoning in a restaurant and was in the hospital over Christmas,6 years ago. i notified the owner, told him, my bills were huge he refused to pay the ins. co. refused to pay so i let it go. now it is showing on my credit report like they did pay me, i checked with my ins. co. and they said they were not reimbursed. i need this took off but i think they owe me ! i have been turned down for home owners and paying high a$$ car ins.for 5 good years...what should i do? i know they pocketed the money this guy said he would take it off, he's in Georgia..want the name? PLEASE HELP..
credit cards
My wife is being sued by asset acceptance llc for credit card debt. she is metally ill. but has a summons to go to court. they will not validate the debt. show no proof of any kind and are claiming that they represent the credit card company. then they send a letter that they bought the account. and want to settle out of court. i have written them numerous times to validate the debt. they come back with legal bull that it must be requested by electronic means. don,t they have to show something in court that shows someone owes the debt and to them, if not then to do they have to show the circuit judge something to validate the debt
physical illness
They will never validate the debt and the court doesnt care, What you need to do and quick and is to go down to the courthouse and ask for a answer form ,there is a fee. But if your broke theres a waiver paper, than its free. check the box answering for someone diabled. Then go anyway to appearance or the lawyer will give you a default judgement. Dont tell them anything, they will schedule for a court date. Go back to court and ask for a motion form. Write on it motion to dismiss because your wife has mental illness.(she needs to sign and yourself. They will probably hear motion to dismess and give you court date. Make sure that you have all doctors info for proof of mental illness. Doctors report etc. they can't prosecute when someone has mental illness.
The frontier
physical illness
They will never validate the debt and the court doesnt care, What you need to do and quick and is to go down to the courthouse and ask for a answer form ,there is a fee. But if your broke theres a waiver paper, than its free. check the box answering for someone diabled. Then go anyway to appearance or the lawyer will give you a default judgement. Dont tell them anything, they will schedule for a court date. Go back to court and ask for a motion form. Write on it motion to dismiss because your wife has mental illness.(she needs to sign and yourself. They will probably hear motion to dismess and give you court date. Make sure that you have all doctors info for proof of mental illness. Doctors report etc. they can't prosecute when someone has mental illness.
The frontier
credit cards
Demand proof of signature done by your wife via certified letter, by law they have to abide by your request.
HELOC loans sent to collection agencies
I hope someone can shed some light on this. Like so many, who have lost their job, well worse, I sell Real Estate. I did sell. I am behind on my 1st Trust Deed and my Heloc loan has been sold to some very, very,nasty people who lie, attack, threat, you know...
They know that the value of my home would give them next to nothing in a foreclosure. They are sending me to a collection agency, they say. If they send me to a collection agency, are they releasing the home and going after me personally? Or are they keeping the lien and in addition going after me personally? They do not want to enter into any kind of settlement. Their actions are the scum of companies out there. If someone knows information about ...what happens with a HELOC when there is no equity to pay them off. And now they are coming at me personally, unwilling to negotiate a setlement . I would be grateful. Or a website to educate myself on how to solve this I would be so grateful.
My Bank took my money !
I had a property foreclosed on in 2003. My Bank Checking Account and the 2nd mortgage HELOC Loan were at the same bank. The last payment was Dec. 2002. In the state of TN the SOL for Written / Promisory Notes is 6 years. I called the Bank and advised the SOL has run out according to Tennessee Law. They told me they had 10 years to collect and that I signed saying they had a right to offset charges. Can I ask them to prove that I owe them the money? and prove where I signed agreeing to offset charges? Is the burden of proof on them? If they have a judgement, I am not aware as I recv'd no paperwork, no written notices, no court hearing dates. Just wondering if I have any recourse.
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bank of america taking my husband to court
Another thing to bring us down. We just got a a court notice stating my husband has to go to court because he owes bank of america credit card, 2000 dollars. How nice it is for them to do that. They just got a bailout not too long ago and they're STILL hurting for money. I wish I could have the government pay for our debt. But, that won't happen. It's so unfortunant that this is happening because we're going through so much. We lost our place 2 years ago because we were both laid off. We were unable to find a job. Sadly, we had to move into my father-in-law's house in the living room with my 3 year old daughter and 1 year old son. I am currently unemployed and my husband is supporting both myself and my kids, with him getting paid less than what he was before. I am STILL looking for a job. He paid off bank of america ( the BANK, not the credit card) early this year and he is slowly helping me pay off my credit card. I just don't think it's fair for them to be taking him to court, when he is trying to pay everything off. Especially, since he paid off the bank. We don't know what to do. We are currently trying to rent a place. we have all our saved money in bank of america's savings for the deposit for our place. We're still awaiting on how much the deposit is going to be. Who knows how much the deposit is going to be, considering all the debt we're in. I totally understand that it is our stupidity for not paying our bills. But, we were young at the time and at that time, we had just welcomed our daughter to this world. No one was helping us at the time and we had use the credit cards. We were paying them, then we fell off the wagon. Can anyone suggest what we can do about this situation?
What happened? Did your
What happened? Did your husband have to go to court? I am going through the same thing right now. I am very worried.
AS long as you pay $1.00 a
AS long as you pay $1.00 a month on your debt, they can't do anything to you!
Be strong, and keep calm when talking to debt collectors. You have rights as a debt barrer. Google: Federal Fair Debt Collection Practices Act
That will tell you your rights.
Being sued for a car they resold on the lot !!
I got a car from nice cars for $14,000 and some odd dollars, i ended up losing my job and couldnt make the payments. I took the car back myself and 2 weeks later the car was back on the lot for sale again. About 3 months ago i was served with papers and am being sued for $9,771.30, i did some reseach and found the car was sold for over $14,000 the same as me , but i cant get papers to show it (because of the priv. act). I dont have the money for a lawer and i dont know what i should do in court!
The source you used to find
The source you used to find out how much the car sold, is the source you should be using as proof. If you can't afford a lawyer, I'd suggest legal aid.
is it too late to pay the hospital, after being served from CA's
I'm hearing impaired, am between 50-55, I am working full time, but my budget's tight and just when I got done paying off my doctor's bill last year, the electric company decided to raise their rates and took the extra money I need to pay the bill I owed when I was in the hospital in Feb 2008. I do have health insurance, but I couldn't pay the remaining $700.00+. Foolish me I should have gone to the hospital to work with them for payment plans; but didn't, and my bill ended up in the collections. Today (4/19) I just got served at home (paper was dated 5/25/09), and now I'm wondering if it's too late to go back to the original creditor to work it out? I am planning to use my work EAP counselor to determine the best course of action and obtain a lawyer, but I want to know first if this is possible to work this scenario out..? Thanks so much for any advice/suggestions!
paying the hospital
Yes under the fair debt and collection act you can inform the collection company in writeing that you intend to deal only with the original Hospital that the money is owed to. I suggest this is done by certified mail and with a Proof of service signed by someone not involved. If the collection company continues after that you can sue them in court with your proof of service in tow so anything thye have put on credit report has to be removed. It is a violation of the fair debt and collection act if they continue.
vehicle repossession
after the vehicle is repossessed can the financial institute put a judgement against us for non-payment? Will we be forced to pay the balance? And if not how long will it be on mine and my husband credit report?
being sued by a collections law firm.
This is the deal I kept receiving letters from a collection agency by the name of arrow financial services, well they started calling and I never talk to them. So this man came by the house and said he was serving me papers from this collection people. well It kind of freaked me out, so I called the county clerk and they told me that they did not sent anyone to serve me papers, so I went down to the county clerk and showed her what they had served me, she said that I could write my response to the situation, so I did. This was a credit card that was charged off and I guess some collection bought it and now they are trying to sue me. well the county clerk sent me a summons to go to a hearing bout the situation, my thing is should I go or just ignore it, because I don't have money now and I wont have money then. Please respond asap
Court
Yes go to court. Case is simple. Ask the collection company to provide proof of a signed agreement between you and them. It does not matter if they bought the debt. If they cannot then there is not a contract and they have no right to try and collect the debt. If you do n ot go to court they will get a judgment by default [means you did not show up to contest the case] Then they can collect because they have won a court case.
debt collection summons
i have a similar situation to the above hospital account. i owe the debt, but times are hard. currently i am on state disability until oct 20, 2009. i applied for social security disability, but got denied twice. i will have to go back to work as of oct 20. i will be able to pay some, but not the total amount at once. what can i do to work something out. i no longer have insurance since i've been off work for almost a year? i need to reply to the court summons but am not completely sure. can u help?
Next time
Next time someone comes to your house attempting to serve, call the police and have them arrested for trespassing!
I am also being sued by
I am also being sued by Arrow Financial they served me papers over a year ago and it's just now going to court. Don't ignore it it want go away. (I live in Texas). I have hired a lawyer to handle this situation he feels confident that we will win in court but there is always that chance we want. I would like to know how your case goes.
Jan 2nd lawsuit
Hi Anonymous,
If you were served papers - You have to answer & you have to go to court. You can represent yourself if you have to. Check with NACA though they might have some lawyers that will work pro bono. If you do not show up to court and "answer" the azzH0les at Arrow will get a default judgement. And after that our great country allows them to garnish and freeze you bank accounts. And Judgements are a terrible thing to have on your credit report. Do not pay anything, do not admit anything, it only starts the collection clock over again. The SOL starts from the month that you missed your first payment that led to the default. Try to find out when that was.
If you can still answer, relply that this debt is not yours, and that if it is it is past the SOL of your state and the state that is designated as the choice of law from the credit card agreement. Have them furnish an agreement that has your signature. Show proof to the judge that Arrow has a history of suing on time-barred debt (check the web!). You have to fight ! Dont let them get a default judgement.
Just some background on papers being served: Courts don't usually do this, but private firms or people are hired to serve papers. But you must answer in any way you can. And keep copies and paper trails of everything. You want the judge about discovery, you can force the CC company to furnish your payment histry, and signed agreement, if they still have it :)
The great Republicans of this country set up these awful laws and freedoms for these credit card companies, credit reporting agencies, and scummy junk debt buyers like Arrow. They are criminal my friend. Contact Bud Hibbs. He's the man.
Best of luck.
in the state of TEXAS they
in the state of TEXAS they cannot garnish your wages or take your house unless its your mortgage. credit card companies just ruin your credit the only way they can garnish your wages or get their money they are asking if it is court ordered by the judge, i am currently in a lawsuit for credit collections. i have hired an attorney the statue of limitations law in TEXAS is 4 years, so collections legally aren't allowed to collect after 4 years, or sue you, but people don't realize that each state has a SOL until something like this happens so find out your state law on SOL. if you don't respond to being served they automatically get a default judgement against you and your bad credit begins all over from that date on for up to 10 years.
Being sued by collections law firm
I am in the same boat and it's sinking fast. I don't know what state you live in, but I do know laws can be different. When I was served I was told to make sure I appear or the sheriff could come back and remove items from my home. I have to appear in Feb. I also have no money and have no clue what is going o happen. If I learn anything I will be happy to share the info and if you have learned anything I would appreciate your info. I know that if you don't appear they will most likely award the outcome to the credit collector. I figure if I show up then maybe I will at least have a chance to explain why I haven't been able to pay.
Lawsuit
Being served papers to appear in court is not the end of the world. Depending on the state you live in, many times your wages CANNOT be garnished (unless for Child support etc.) and your homestead is also "safe".
So, don't be alamed. If the debt is valid, and it is yours and the Statue of Limitation (SOL) has NOT expired (also varies by state, between 4-15 Years) you should try to call the party who filed the lawsuit and try to negotiate the debt. Maybe pay off the debt in 2-3 payments or set up a payment plan you can afford.
Most of the time they will try to work with you without the "help" of the court.
If the debt is NOT yours, or the SOL has expired, gather all supporting papers you have and state your case in court. Most likely the judge will rule in your favor.
But regardless, show up in court. If you do not, they will win and possibly get a judgement against you.
collections
the debt collector can not tell you he is going to take your pocessions it is in vioaltion of Fair Debt collection practices '
never niss a court date
do not ignore it will not go away
some funds are exempt from judgement ie soc sec soc sec disability
google fdca and check laws debt collector must abide by
I owe...
I am 21 years old and in college. A year and a half ago I was approved for a Credit Card and then another, then a month before my insurance kicked in to my new job, I got a Kidney Infection and had to go to the ER, then, last fall I was scammed off of a popular babysitting website. So, long story short, yes, I am a fool, thank you, and I owe a lot of money. I have 5 delinquent accounts that are either in collections or on their way to. My credit score obviously has taken a turn for the worst and I am right in the middle of college. I can not afford this debt. My question is, if they all go into collections, what could happen? My credit score is shot right now, how do I fix that and how long will it take? I have a 7 year plan and my fiance and we want to buy a house by they end of this 7 year plan, but I am nervous that the mistakes I made in my past will still haunt me, even if I try to rebuild my credit for the next 5 to 7 years. Are these mistakes a life sentence?
Credit & Collections fraud?
I work for a large firm that was contacted several months ago regarding a subscription to a publication. The person calling stated that they would send a complimenatry publication and if we wanted to subscribe we could or we could check cancel. This was back in June - the first/complimentary publicaton was to arrive in July (never did) and by august my Firm had been sent to collections (not even 30 days past the supposed date of delivery for the publication). There was no bill or place to check cancel ever sent. No phone call or late notice was sent to anyones attention prior to this being sent to collections. We received a call yesterday (november 7th, 2008) to inform us that we now owe $317 (the original $117 plus a $200 processing fee) and if we dont pay it will be passed to legal and the total will become over $600. I have done some researched and fount that there are numerous complaints against the publications company, but have been unable to locate on the internet any details on the collection agency. is it possible the publications group and the agency are workign together and it is one big scam? if so, can it be fought? plus my call with the publications company was recorded, is that legal?
Credit Card Debt
I had a collection agency call my parents house today. First off they don't have my married name which I have been married for 4 years second they left a message telling my parents answering machine that I have a returned check that needs to be settled in their office. They called back my mom said that I don't live there but she will give me the message the 2nd time they just said I owed a debt then as they were calling back the 3rd time I was on her cell phone with her and the lady was saying I owed a debt and she needed to talk to me tonight. I called them back wondering who it was and what they wanted. They said that I owed for a credit card back in 2003 They said that I owed 1350 for a credit card with a limit of 300. They also said if it goes to court I have to pay back 5000. So I needed to make a payment for good faith today of 50. I said I could make a payment I am not working and won't graduate school for 2 months that I could make the 50 but december I can't make one but in January I can then. The first man said it was ok to skip december with no problem. I ok'd it with him he transferred me to a supervisor that was going to go over the deal. The supervisor was trying to just take my money when I said this is the deal me and the other man went over he said I can't skip december that I would still be sued they would seize my checking savings and wages also that I can have criminal charges for stealing property against me. I said so if I pay 50 now skip december I still be in same trouble he said yeah I said ok I can't do it I don't work two children xmas coming up student loans due I can't do it all then he said well can't do anything about it I said ok thanks and hung up upset that they lied to me the wole freaking time and my parents to can they do that?
Dont Pay
I work in the collection field for a big Bank..A collection agency will try to scare you to make payments on a account..You need to find out what the statue of limitations is in your state for a collector to sue you..If you are out of the statue of limitations, and they take you to court there is nothing the judge can do you will win..and in 7 years (from the date you made your last payment) it should fall off of your credit..if you pay them anything, you will start the statue of limitations all over again...
Credit card Debt
If this is from 2003 they most likely cant sue you, there is a statue of limitation in each state. Google and see what yours is for your state on credit cards. Dont make a payment if it is really from that long ago. it will make the time start all over even if you only send a dollar. This is why they want you to send something. The next time they call tell them you know what the law is in your state. Plus it was illegal for them to tell you mom anything about your debt, especially that you have returned checks. This alone could make you not have to pay them back. If they do still give you a court date make sure you show up and tell the judge you know what the statue is and about them tell ing your mom personal info about you, I hope this helps..
Bill collector
I have a company start calling me and the account they want to cooelt on is from 1992
it is now Jan,09 , 16yrs later, he was threatin me and saying i will never be able to get credit ever again til I pay this , can thye colloect on an account that old? what do i need to do to stop them from calling me night and day ?
Ignore Jessica
Ignore Jessica. No, the SOL has run out. Just make sure it's still not on your credit bureau report. It should only stay on for 7 years from the date of the last payment. Check laws in your state.
yes if you spent it and
yes if you spent it and havent ever paid it back then duh of course they can!! like the saying it will come back to bite you in your ass!!
Capital One sueing for $750
i am getting sue by Capital One i am going to court on 10 31 08 for $750 doller i make a paymant of $100 a year age and i am on s.s and s.s.i that is the only moneys i have totel $700 and my rent is 600 what do i do please help me i know i am jugdement proof should i worry thanks
wow!!!!!
and the funny thing is you have probably been on S.S.I forever! what did you just suddenly retire! I think you need help! Arent you old enough to know better???
Jessica, Do us a favor. Pay
Jessica,
Do us a favor. Pay off everyone's credit card debt that has run into bad times and finally......run yourself off a bridge!
fraudulent check
I received a loan from Bernadr Jonson for a loan of 10,000. The check did not clear. The bank it was written on states its fraudulent. I don't have any money to give the bank? Please help!
The lender stated his check is good and is working to resolve it but in the meanwhile my bank wants there money now!
Impossible Payment Option
I have a medical debt that was accumulated because my insurance had been canceled 4 days prior to my hospital visit. The total of the bill came to 10,000. I wasnt told my insurance wasnt approved until after i had left the hospital. I applied for medical assistance because i dont have the money to pay for the bill. I was refused medical assistance because of a balance held in an account by a relative that is being left to me in the future. They had given me the payment option to put down half of the debt and pay 400/month until it was gone. I couldnt afford this either so i began to pay what i could every month about 100/month. I just received a call from a collection agency stating that they have sent my debt to collections. They are telling me that i have to pay the debt within the next 6 months. They discounted the debt and the total is now 7,000. They want 1000/month and it to be paid off on the 6th month. I however cannot afford this either. What are my options? What will they do when the 6 months are up and i still cant pay?
Call the Hospital
The $10,000 dollar bill would not even be paid by your insurance company. They would normally pay about 60 percent of that. If you cal the Hospital and tell them you can pay $5,000 and make reasonable payments, they would proably accept it. But make sure they accept the amount first.
fairleigh dicking me university
well i'm a 21 yr old student. meaning that i make about 1000 a year if i'm lucky. i left fairleigh dickinson university thinking i had a student loan to cover their bill but i found out between them and sallie-mae they never accepted the loan and threw it out. aparently fairleigh never gave sally the ok to take the loan and sally had some incomplete info on the form but never notified me, but they gave me an aproval letter. fast forward to march, i owe 30,000 and they want it yesterday they say. they cal like crazy and harrass me and keep asking for money or for me to get money from my mom/dad/whomever. again i got nobody just me. now after i paid 500 a month till today (got a job to pay them but its temoray and ending), they want to sue me for the remaining balance. i'm in CA and i was in NJ before. also this bill isn't considered a education loan or a promisary notice or anything. its just outstanding debt i guess. thats all the facts. help?? please someone?
Look back through what you
Look back through what you signed for school. Did you every accept this debt in writing? If not, and they did not inform you about Sallie Mae, it is 100% their responsibility in my opinion. Get a lawyer, but I think they should eat it. Good luck.
School Loan/School closed before completion!!
I went to a business school years ago. I went on a leave for 30 days. When I returned
1 week later we were taken into meetings and infrmed the school was being closed.
We were told we would recieve additional information in the mail due to the cost
of school and being able to go to another school.
I was told if a school closed before completion you do not have to pay the school loan.
I have a friend that knows someone who had their loan forgiven. I am trying to find
out where to get the details to end the collection on the school loan.
REF: Free lotto
Hi, I am also part of free lotto and is still very interested in the deal but now have just found your web page and is really amazed by your story! but still have one question! Did you proceed with the free lotto and did you give your credit card number and details to this company or not! I was only 3 seconds away before proceeding my credit card number amd personal information to them before i found your web page. please get back to me ASAP to confirm details. Thanks
Credit One
My ex wife took out a loan in 1999 and I co-signed. We paid on the loan for a year or two and then we seperated. She stopped paying the loan and I had creditors calling for me. It was put in the divorce that she pay the remainder of the loan. She promised them a payment and I think sent them one payment resulting in activity on the loan in 2002. She never made another attempt. 2 years later she filed for bankruptcy and remarried. Fast forward into now. I have a company (Credit One) calling me wanting to collect. They are saying with accrued interest in brings the balance to around $2000 but they will settle with me for a $1000. I told them all I was willing to give them to make this go away was $500 dollars as I feel this is not my debt. They told me that since she filed and it was joint it did not matter, I was responsible. So, I got into a little argument with the supervisor on the phone. He told me I could make payments, which I told him no. He then wanted me to go out and refinance my house and I told him hell no. He also told me to go and get a cash advance on one of my other credit cards to pay this off. I told him all I was doing was offering $500 to be done with it, and if he did not like that then I did not know what to tell him and he hung up on me. Do you have any ideas on how I can make this go away?? I am not paying the full balance of $1000 if it is not my debt in the first place. Thanks for your time!
It's better not to talk to
It's better not to talk to these collectors. Submit your dispute in writing.
then it is better not to get
then it is better not to get credit cards now huh??? Dummy! That is just childish
citi bank card with sears
My husband has a card sears talked him into to buy a lawn mower last year was suppose to be zero percent interest for a year after year u start paying interest. well this month we get a bill for 1200.00 for they say interest for whole year that was zero which is not what we were told by sears. sears says talk to citi citi says talk to sears neither company will show us copy of what my husband supposedly signed they both say they dont have it.. We have never been late til this month but we dont have that much laying round. and we get 100 calls a day,, and my husband was trying to tlak to them about tit n had 2 reps hang up on him. what can we do???
Collection Agency
My sister received a call from a law firm who stated that she had a bad check from July 2006, and she needs to pay this law firm $190 to handle this matter or they will go to court. The orginal check was for $40 dollars. She said she never received anything from a Collection Agency regarding this matter. Do you have any legal rights in this matter?
If you use credit cards, owe
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
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medical bill..very old
I have great credit after working hard to get it back for the last 10 yrs after a divorce. I noticed a couple days ago that my credit score went down so I pulled my credit and much to my surprise a collection co has put something on. It said it placed for collection 12/07, I have never recieved anything but dont even live in that state anymore. I dont know what this is and if it is something that happened that didnt get paid I havent used this hospital for about 9 yrs so I k now this would go way back. My question is how can they report this to my credit now, Im sure this was bought by now . Where do I start? I am so angry about my credit..Thanks for any help.
old bills
Old bills with new dates are an infraction of the law. You can report the debt collection agency to the FTC. First ask them to please validate the debt in writing. Next contact the hospital and if the collection agency did not report the correct date of the original bill they can be sued.
Here is an example of what I mean - http://www.ftc.gov/opa/2004/05/ncogroup.shtm
OLD BILLS
I recently noticed on my credit report that AAFES Military Star Card was on my credit report stating that I was deliquent. I paid this card off over a year and a half ago, so I called them to correct the problem just to be told that it was sent to collections and they didnt have my information anymore, I got the number for AAFES collection and called just to be told that they couldnt tell me anything accept that my account was deliquent..I explained to them that I paid that off and my account should be zero balance, they told my regardless if I paid it off I had to show proof. I asked them to look at my payment history and that should tell them what they need to know, I didnt get a response and I told them that I will get the informatin from my bank and prove to them that that bill was paid in full. Then they told me that it was at a another collection agency and gave me their number and I called them and the guy was actually nice and helped me resolve my problem...AAFES is supposed to help soldiers but all they do is screw soldiers over..DON'T BUY FROM AAFES!!! They just screwed my credit up because of ignorance! Can I sue them??
Old bills
The collection agency has to prove to YOU that you owe the debt, not the other way around, don't send them anything, bank statements, money ect...until they have proved it. Also, dispute it on your credit report. The credit reporting agency will investigate it for you. If the collection agency cannot prove it, and they likely will not be able to, it will be removed.
Washington Mutual Madness
Hi
I have a credit card with Washington Mutual i received back about 2003 for $2500. I eventually maxed it out and in 2005 after college I stopped paying because I was unemployed for a while. They kept adding finance charges, late fees and over limit fees and they closed the account. Eventually they put me on a program for 6 months direct withdrawal to get current and after that I continued paying the minimum because that was all i could afford and still getting all those fees, it seemed like the debt as never being reduced. Somewhere in 2007 I started paying lots on it so i could only get finance charges and they of course increased the interest rate a million times.
At the end of 2007 I was layed off and stopped paying, they said they sent me to collections, so the collections agency calls me 8 times a day, and i get mail from them attempting to collect, meanwhile I am getting letters from Washington Mutual saying I owe them and they are still adding finance charges. Also the address to send payments is the same as Washington Mutual payment address!
Can they really do this? keep increasing the amount while claiming they sent it to collections, call me 6 - 8 times a day and leave me messages. Over these years I am very sure I have paid them more than the amount I owe!!! times 10! How do I get them to send me to a regular collection agency with one final amount that I can pay off. I will gladly pay thm and get them out of my life !!!!!!!!!
Hey stupid! If your going to
Hey stupid! If your going to call people dumb at least learn how to spell, MORON!!!
ARE ALL PEOPLE DUMB WITH THERE CREDIT??
must not of read the contract you signed!!!! Thats what is wrong with most of the people on this sight and yes they can!! You signed a LEGAL BINDING CONTRACT SAYING SO!!!
SPELLING!
It's "Are all people dumb with THEIR credit?" Are you DUMB in general? Rather be dumb with credit than just plain DUMB!
Amen.
Amen.
Yes they can call you as
Yes they can call you as many times a day as they want but they can only leave one message on your answering machine. I used to work at a credit card agency and know how most of it works. We had a settlement department that would settle an amount with you if your account was closed and past due by a ton. I also think, don't quote me on this, but I think that when your account is closed the interest it set on that interest especially since it is going to a collections agency. If you had paid large amounts on it then no your interest should have never went up in the first place, but I know from experience you miss one payment, you can usually get the late fees and overlimit fees removed, you miss more than one it is all downhill from there and no your balance will never go down. My opinion is that if you know anybody that trust you, like your parents, that have good credit is to see if they will loan you one of their cards that is zero percent interest for a year and has free balance transfers and then transfer that card over to it. I did it and it helped out a ton. We still owe ALOT on the card but it helps us in the long run because we only have one credit card balance instead of like 10 with interest. You see what I mean.
Thank you
Finally a person who works for the credit card agency that has a brain and a nice personality! Thank you for showing me that although MOST of you are jerks, you are not all jerks!
Go to Federal Consumer Credit...
It is illegal for them to call and harrass you. Check out this site!
Washington Mutual Madness
I too am having problems with Washington Mutual. About two weeks ago, I made an appointment to see Consumer Credit Counseling Service to discuss whether I could go on a Debt Management Plan or if they recommend bankruptcy. My appointment is in a few days, but they recommended that I tell any of my creditors that call that I will be seeing them to discuss various options. This is the first time I have missed a payment with WAMU. They called my cell phone yesterday and have called my house at least 4 times today and spoke to my wife. They have been rather nasty to her in spite of her telling them she was not on the account and they would have to speak with me.
WaMu
Washington Mutual will most certainly play games when it comes to negotiating a payment program. Currently they refer all customers facing problems to MoneyManagement.com or Springboard. These two are both non-profit credit counseling agencies. They determine your credit card debt, and propose a payoff program directly to your credit card company. My personal research however has found that most credit card companies will now negotiate directly with the consumer and will assist them in developing a payback program after closing the account. In some cases, the percentage rate is lower than what the Credit Counseling agency is proposing. WaMu, unfortunately is not negotiating directly with the consumer. I suggest contacting one of the above agncies to determine of they can negotiate a single account on your behalf (i.e. your WaMu). BEWARE of credit negotiating companies!!! They promise to reduce the amount you owe and save you thousands. What they don't tell you is that most likely you will be given a 1099 for any amount over $600.00 the credit card company forgive , AND the amount forgiven will most likely show up as a charge off o your credit. You could end up with an IRS debt and a charge off!!!
It is better to take the hit on your credit score and close the account yourself and negotiate (if possible) a payback plan, over time, for a much reduced rate. It makes you wonder why the reduced rate wasn't the original borrowing rate to begin with!!!!
same boat
Exactly- why keep adding 400 a month in fees and finance when the card is not even active- they will only do ahardship progam for 4 months- I cant gurantee I will have a job in 4months- every other card has helped me to some extent- Bank of Amer- Citi Group- these people are crooks and dont even speak good English- I guess once our debt is the size of the national debt they will eventually try to workout something reasonable for both
Can I get my money back from the collections agency?
If I've already paid a collection agency to settle a debt, but then come into possession evidence that I wasn't liable for the debt in the first place. Can I get my money back from the collections agency?
The situation was that the I had a collections item of $1844 on my credit report that the credit agency claimed was a result of failing to release liability in a car that my ex-gf had sold (we had our names on the title together). The new owner ended up getting the car towed and scrapped by a tow company and the debt was sold off to a credit agency and somehow got attached to my credit. I was in the process of buying a home and was told that I had to pay off this collections item during escrow. I talked to my ex-gf about this and she didn't give much help or evidence that can clear my credit. I tried to get proof of a release of liability from the DMV to refute this charge, but the DMV took forever and I ended up having to pay the collections amount because I had to close escrow on my home. I have just received from the DMV a certified copy of the release of liability that should clear this collection from my credit (I thought that my ex-gf didn't fill this out and that I/we were actually liable for this debt, but I was surprised to see it). Is there anyway that I can get my money back?
The payment is actually in the mail right now and hasn't been cashed yet. I'm trying to have the title company cancel the check (title company issued a check to the credit agency). But what if they refuse to help me. I'd like to know what else that I can do to get my $1844 back.
Any insight would be appreciated.
HOW MANY TIMES CAN CREDIT COLLECTORS CALL IN A DAY?
After falling behind in my credit card payments due to my disability, my family and I had been receiving more than ten phone calls a day by Capital One's collection department. My children are being harrassed by the credit card collectors, sometimes my thirteen year old son answers the phone and the collection agent is very intimidating. This has been going on for more than a month, I do not know who I must contact or if there is a government Agency that I can report this abusive practice, please help!
under the laws of the fair
under the laws of the fair collection act, if you notify them in writing, (send it certified mal) that you want them to stop calling you or even sending mail to you, they must do so. With the exception of notifying you of further actions, wich can be done by mail.
How many times ... call in a day
So the ole Capital One guys got to ya. Well if you have some time and energy you can get to them---in the pocketbook--where it counts. Check out some of my other posts on this board. Go to ftc.gov and download the Fair Debt Collections Practices Act (FDCPA) for short. In it you will find the laws governing what they can and cannot do and what you can do. No they can't call ten times a day. You need to be able to document everything then sue them. I've seen some briefs that people have posted on other boards--can't remember which ones right now. I have posted other names of boards in the past so check them out. Sue them in small claims court. Maybe you can make enough money to pay off your credit cards---that would be great. Good luck.
I had a credit card that was
I had a credit card that was defaulted on in 2003 and then I entered into a debt management program in 2004. Due to unemployment i was unable to successfully complete the DMP...anyway, I am now being contacted by the scumbags Gerald E. Moore and Associates which I am assuming is about this debt because I have paid everything else off. They have only called by phone, and i never answer their calls as they are not licensed in the state of MN, but have not sent one thing in writing so i can ask them to validate the debt. The credit card was issued over the phone when i was in high school, i never "applied" for or signed anything, the credit card has gone through a number of different owners since i defaulted, and the debt has been bought and sold numerous times by no less than 6 debt collectors. The weird thing is that there is no record of this account anywhere on any of my three credit reports, or on a copy of a credit report that i looked over at a credit union last year for a car loan.....what happened to the account? Shouldn't the original credit card account still be there since the 7-year period for reporting hasn't expired? I wanted to look for verification of last payment and possible re-aging by this DC in case this goes to court.
Ex Wife
I have been divorced from my ex wife for 5 years now. Its been awful everytime I turn around she is wanting more and more from me, in the name of our daughter. I have been very adimit about making child support payments and keeping track of every dime I give her, even when she askes me to pay for her and her husbands electric bill. Anyway the other day she got a letter from a collection agency in my name, she of course opened it (by the way I have never lived at her address she has moved in just recently) and she of course called me saying she opened it on accident then proceded to tell me the collection agency and told me I needed to take care of this. Well I did call the company only to find out that the account was defintly in my name but the address they had was ones that my ex lived at and I have never had an account with the company that they are saying it is with, (its a cell phone company, the same one my ex had until she could not pay the bill and switched company's) So my suspision is that she has used my name and ss# to get this account. What do I need to do to to prove that this is not my bill, that she has been using my info for her benefit? And are there any legal steps I can take to make her stop?
Desperate to be happy.
EX-Wife
If you were divorced when she opened the account--this is fraud--aka identity theft. There are identity theft sites you can go to for instructions. Not some fly by night place but something like the FTC. Go there for starters ftc.gov I think. Be ready to do a police report also. Stealing someones info and using it is against the law even if you used to be married to them.
Could someone explain to me
Could someone explain to me how Bank of America can sell a closed at zero balance account to another entity as a debt and then have it go to collections? The Bank of America must have some liability in these matters. Right?
I have the same issue. I
I have the same issue. I closed an account with a zero balance with Bank of America back in 1993 or 1994. Now, as of November 2007, I have debt collectors calling me on this account, claiming it went delinquent four months before I closed it. This is the first I have ever heard that I had a "debt" with B of A, or with anyone else for that matter. I don't understand where the "debt" comes from and why, if it truly ever existed, they are only beginning to contact me. I've attempted to contact B of A multiple times, and have received absolutely no help as to where this originated. Any advice? Have you found resolution?
I had a fleet account which
I had a fleet account which was paid in full. Unbeknownst to me Bank of America bought Fleet and thus my zero balanced account. From many hours of research I found out Bank of America then took my Fleet account and changed it to their own Bank of America account number not only once but twice; so I had 2 accounts but never rec'd notice of this occurence. This supposedly happened in 2003-4. No correspondence was ever provided to me. NOW in 2008 I receieve notice from Midland Credit Management that I owe a balance from Bank of America. I found out that Bank of America wrote off my account as bad debt in 2007 although I never used the account and had my Fleet account paid off. Something seemed to happen in the acquisition of Fleet maybe a computer glitch, a wrong code entered?? Employee fraud??? Bank of America shows a $69 payment made in 3/04 and I looked at my 2004 bank statements to make sure i wasn't losing my mind and no such payment was made...of course. How could this be possible? I looked at my past credit reports and all seems normal without such issue until now.
I then spend hours on the phone to acquire any copies of anything Bank of America had on these accounts...When I received info the current balance, new balance and payments don't add up. Could fraud be at play? I am amazed that somehow my zero balance Fleet account was sent to Bank of America and the balance reappeared....what happened here? I am in the midst of an uphill struggle. Anyone else with such issues???
10 years of Collection Agenices
I returned a leased vehicle 10 years ago and paid over $1200 in mileage overage. Six months later I get a letter from Ford Motor Credit saying I owed an additional $438. I sent them my lease termination papers showing the mileage at termination along with a letter from the dealer saying that the lease was paid in full. The person handling the account at Ford promised to close the account. 1 year later I received my first collection letter. In trying to reach the same gentleman at Ford MC, I found that he was no longer with the company. So I sent copies of the lease termination Zero Balance letter, and correspondence with FMC to to Collection Agency. They didn't call again. But the account was resold. I've now had to send "proof" of the paid account to more than 8 collection agenices, and a new one just phoned this evening. Ford Motor Credit claims they do not own the debt and the Collection agency just needs to issue a close code. They never do - they just resell the account. This latest agency didn't even send a letter so I don't have their reference account number. They refused to give me any information because I wouldn't give them my SSN over the phone. (Hey, if they are collecting they should already know it.) The only way I knew it was the same debt is that it's the only possibility -- as I always pay on time.
How can an accounting error turn into a 10 year nightmare with no end? Isn't there any way to stop this?
To 10 YEARS...DEBT COLLECTION --and anyone else
I've been meaning to get back on here and give you all some addresses. So here goes. These are mostly from book "Deal With Your Debt"
Lawyers Referral: National Association of Consumer Advocates. www.naca.net
National Consumer Law Center. www.nclc.org
Internet message boards: on page 179 the author says you may consider
visiting one of these where battle-hardened creditors share
tips and ideas for dealing with creditors. I've visited one
and there are some smart people on.
CreditBoards.com, ArtofCredit.com, CreditNet.com, and CreditInsiders.
com.
On page 176 on she gives good info about collection agencies. I got the book from the public library.
The Fair Debt Collections Act covers what collectors can and can't do--you can download a copy from FTC or google it. Also FTC has a pamphlet--call 1-877-FTC-HELP.
As I have said before letting the statute of limitations run out doesn't mean you still don't owe some money. My Own opinion is that it may put you in a better position to negotiate a fair conclusion. For instance, I am going to try to settle some 15-20 year old debts for 10-15 percent. If I get around to it soon, I'll post and let you all know how it went--I'm in the middle of a lot of other stuff now though.
I hope this helps some. I was glad to find the info as well as this site too. It sucks to be badgered by the vultures(see my prior POsts for def.). Just remember the BIGGIES---NEVER ADMIT--NEVER BELIEVE--NEVER PAY UNLESS ITS IN WRITING (also see prior posts).
Good luck. ljones3123
Debt collection
I have a credit card company that is threatning to send it to a lawyer if I don't pay the full amount of 7950. They have investigated my life and found out I am married etc.. We live in california and are saying we have communial property and that they will end up suing my husband to get the debt. All this debt was aquired prior to marriage and it is only my name on the debt, any assests he has were before marriage as well as the one after I signed my name off of the title. Can they still come after my husband and if so can they get the money from him or will they just forget or let me pay it my self. Please help. Wife that is devistated it will hurt our entire family for financial debt prior to marriage and family
PLEASE HELP ME
When I was back in college, I got a line of credit for $50,000. I only spend about $4000 of the line of credit. This was back in 2001, and in November 2008, the credit report I have, shows that it will be final after that. I am worried that it will not go away though. Am I going to still have to pay? I got a call from a credior, that bought my credit, and he said that he was prepared to take legal action if I did not answer his call soon, and gave me a case number to refer to when returning his call. Should I contact a lawyer and have them straighten things out? Or should I just call myself? Or should I not bother to call at all because it will all be gone by November 2008 because of the statute of limitations in my state???? I do not want to go to court. I moved from my house, so I have no idea if they have been sending me anything in the mail, since I did not have anything forwarded. Can someone please write me and let me know?! I am VERY scared and I feel completely clueless. I am on the verge of tears right now, and I can't be like this, it's just too much. I just want someone to help me who knows what the hell they are talking about. I keep getting conflicting responses.
Please help me
Don't cry Dearie. I don't know too much but maybe I can help you some. There are some details needed though. You said a line of credit---so was this at a bank? Was it a credit card? The state where you live has a statute of limitation of what number of years? Often credit card debt people will start bugging you alot just before the statute runs out. And then there are the vulures (thats what I call the bottom scrapers that buy up debts for pennys on the dollar). They are often real scumbags--threatening and scaring people which is of course illegal. Having said all this let me also say that when you use credit--you have to pay it back--both morally and legally. What you don't have to do is be harrassed, scared, or accept mistreatment. There are ways to get this nightmare out of your life but you must take each step carefully. You must also never believe anything a vulture tells you without 100% proof, never say you will pay or send payment until a legal deal is struck--more about that later--and never let anyone scare you about a damm debt. answer the questions above and I will be glad to share what info I know with you. ljones3123
My husband's step son and ex
My husband's step son and ex wife used his social security number and forged his signature on a credit card with MBNA. Although I have written numerous letters to the credit reporting agencies and MBNA, I get no respone. I have requested copies of the credit application and transactions but I get nothing.
Forgery and Theft
Since your husband is no longer married to his ex-wife, perhaps you need to file a police report for MBNA and the credit reporting agencies to respond. You might want to make sure that this card was not in both of their names and that the ex-wife did not have permission from your husband or after the divorce, perhaps someone forgot to include this card. Please take advantage of the information and sample letters with directions on our website.
I can say that when you write letters to MBNA and the credit reporting bureaus, you are strongly encouraged to send them via certified return receipt requested mail. If you are in California, you might also consider making an appointment with your closest Legal Aid office. This agency deals with debt collection issues and is best equipped to advise you.
The best of luck.
summons
I received a summons for my credit card debt from 2003. If I don't respond to it what can they do.
They can take you to court.
They can take you to court. You need to find out when you made the last payment, not just to the company itself but collection agencies. If you card went into to default in 2003 but a collection agency contacted to you in 2004 and you made one payment that is the day you made the last payment. So then you check the statute of limitations in your state. If the statutes have run out, then you can use that as a defense in court. If not then you might have to pay something. Find out your court date and go because they can get a summary judgement against you and you will have to pay. Keep me posted on what happens.
I had an account with McLeod
I had an account with McLeod USA for 2 1/2 yrs. My contract was for 2 but then they put me on a month to month and my charges were still the same. Then I got an agreement in the mail "I agree to renew under my expired contract rates". Which, to me means nothing would change on my bill. I still called their Customer care, TWICE, and both times they stated nothing on my bill would change. My next bill I got went from $66.92 to $212. Of, course, I thought there was a typo, to I called Customer care and they said that the promotional discount was taken away and the best plan they had for me was approx. $100/local line (I had 2 lines). Ridiculous????, Not yet. So then I said that I can't afford to pay that everymonth for a simple service where nothing has been added on. They said they can't do anything. So I called AT&T and signed on with them and canceled with McLeod USA. Then they sent me a final demand letter with my invoice 2 mths later and threaten to send me to collections. So I dispute the claim, upon advice from a McLeod USA rep. I was willing to pay for what I used at the same rate I was paying prior to the confusion. No Luck. I am now in collections and they already reported to credit agencies. Can they do that while in dispute??? Can they contact me after sending me to collections??? Collections was supposed to send me a settlement which states they will take my name off the credit agencies and the matter will be settled for an amount we verbally agreed upon and the matter will be paid in full. Has been a week, haven't heard back from them. Any helpful advice from the universe???
account with McLeod
I assume McLeod is a telephone company (I'm in Ky and not familiar with it). A couple of things jump out at me--Did you sign that you would renew--Did you get the name of the persons who told you the charge would be the same-- What kind of service costs 100.00 per month for local--(I pay a flat 35.00) Did you get the name of the person you complained to about the 200 plus charge--How did you dispute the charge--In writing---How long from the time you got the 200 bill until they put you in collections--What collections--was it their own collection department or a collection company--Did you get the name of the Mcleod rep you talked to--you said collections was supposed to send you a settlement deal, I hope you DID NOT BELIEVE THEM AND GO AHEAD AND SEND THEM THE MONEY. If you did you can kiss that whole deal and the money goodbye. Yes they can lie and most collection offers are lies..
If you didn't send the money yet DON'T until you get the deal IN WRITING and it MUST say settlement of the entire account IN FULL and/or WITHOUT RECOURSE or similar wording. Do NOT allow access to your bank account and if you did --close it. If you actually get the deal you want in writing--pay by a way that can be traced/documented and when all is done make copies in case you have to send to the credit bureaus. You could use a good ethical energetic credit attorney who is more interested in principle than charging big fees. If you find one please share.
Collection Agency
My daughter owed some money on a credit card which was charged off by the Bank. She has not paid any money on this account for over two years. A collection agency bought the debt and sued her in the name of the bank. Is this legal?
credit reporting agency
I keep reading "GET YOUR CREDIT REPORT FROM THE REPORTING AGENCIES' Well I've been trying in the case of Equifax for a couple years now and they refuse to send it--refuse to acknowledge the documentation and letters I sent (certified, return receipt on one) and the other day when I went to the free annual credit report site--GUESS WHAT--now all three of the creeps refuse to give my reports. Oh yes I reported Equifax to the FTC. Of course they did nothing. Can I sue these b---- for driving me crazy.
Legal action on bogus account
I was contacted by this "junk" collector and they said that I owed thousands of dollars for a Pacific Bell account that I did not open. this account was opened in Nov. 2003 and is for CA and I live in MI. I found out that Pacifc Bell sold my info to a Midland Credit Management adn now MCM is trying to sue me for the amount. I am trying to prove it was identity theft but it hard to do. I am scared about what could happen to me if I losebecasue I did recieve a summons and I think soon I will have a trial. I have filed reports with the FTC adn the three major credit bureaus and have been collecting proof of my residence at the time this account was open. Does anyone know if I am able to go after Pacifc Bell for letting this happen in the first place??? I know it would be a long shot but.... anything is possible. Right??
MCM
Midland Credit Management are bad boys. Not everything they do is on the up and up. Just type their name in a search engine. Also look at ripoff report.com I sent them a cease and desist letter because they sent letters saying they were going to sue me for a debt that is 7 years old. Not only were they trying to sue me, another company was for the same debt. I wish I could nail them for that. I have heard of reselling and reselling, but it should be against the law for two companies to come after you. It seems the consumer has little rights. Well the statute of limitations has run out, so they legally can't pursue me. Once I told them not to contact me again they didn't. They can't when you send them cease and desist letter. Make sure those letters are real. Midland management are shady guys. Do your homework and I'm sure justice will prevail. Good Luck!
Fair Debt credit reporting
In 1999 I defaulted on an auto loan because I could no longer afford the chapter 13 payments. This account bounced around with different agencies and now it landed in the hands of another, junk debt buyer. This collection agency reported to all 3 bureaus that it is an account opened in 2006 and that payments were made during a 3 month period, (basically trying to re-age the account), I have never spoken to or otherwise made any payment to anyone in regards to this debt, other than to send cease communication letters. They have reported it as if I opened a new account with them and it is 5 years since the default/charge off.
I have sent them a letter demanding that theyremove the fraudulent reporting to all three bureaus.
What can I do?
Can I prosecute???
My ex-wife and I were divorced over a year ago, and as a result of the divorce, she was no longer eligible for my insurance benefits, we sparated all credit cards, etc. Now, a few weeks ago, I received a bill in the mail from a lab showing me as the responsible party for a $129 doctor visit listing the patient as my ex-wife. Of course, the insurance company rejected this claim. Yesterday, I got a fraud alert in the mail from a credit card company that an online application was submitted to try and obtain a $5000 credit card. The applications was sumbitted with all of my info, and listed HER as the co-card holder, and the application was submitted with her address. So, there were not any charges made to the card bc the credit card compnay caught it before then. I have already alerted all pf the proper credit companies.... And the last issue, which I think I am out of luck with..... she and I have a verbal agreement that she is to pay back $3000. After the divorce, a couple automatic deposits went into her account that shouldn't have. She knew these were suppose to stop the day of the divorce, but never said anything. Thank God I caught it when I did, but does our verbal agreement bind her to anything?.........what are my legal options regarding these issues?
charge off
I had a chargeoff on a credit card in 2003 and a company bought the chargeoff. The original amount was around $6000.00. This is on my credit report of course but now this other company has placed the same account on my credit report but they have it at $14,000.00 It has a different number and it now appears that i have two chargeoffs in the amount of around $21,000.00. How can this be legal?
Report the $14,000 to 3
Report the $14,000 to 3 major credit bureaus as "incorrect" and make them prove it. As a matter of fact report them both as incorrect and let the burden of proof fall on them.
I've got a couple questions
I've got a couple questions about my credit report, but first let me give you some background information. When I first left high school and endured life at college I went a little credit happy and had five credit cards and a couple other open lines of credit. I then fell into the downward spiral of credit debt and wasn't able to pay any of them, let alone afford my living expenses. This was in the fall of 2001, and I'm just now starting to get on my feet, financially, and I'm trying to straighten everything out. What I'm wondering is, now that it's been almost 7 years plus the 180 days since my last payments, am I still liable for the debt? The accounts have been bought and sold to collection agencies many times over the years, so I'm wondering if the 7 year mark starts over each time this happens. I'm getting conflicting corespondence and I want to know the bottom line. Can I legitamatly have the accounts removed from the credit report without paying a dime, or am I going to have to pay the debt? In addition, I have current school loans on my credit report but there are some duplications. How do I go about desputing these in order to prevent future "bad" applications?
Answer to I've got a couple of questions
If you have reached the statute of limitations in your state --on credit card debt--and are sure you followed the rules about no promise or pay that would cause the clock to reset--then they are legally not collectable. Now that doesn't mean you don't still owe them--just that debt collectors --try as they might-- really don't have as much power collecting. For example, they could sue you--then you would get a notice to appear in court--then make sure you go-- then you would give the argument or position that the statute has run out--then the judge would dismiss. The best way out of all this bologna is to negotiate a settlement of the debt. Be sure you know all you need to know before attempting this or you could be in a mess. For example, never say you will pay or you will start the statute clock all over. Get advice. As for the clock restarting after a vulture buys the debt (vultures --what I call collection companys that buy uncollectable or questionable debt such as NCO) no it doesn't. As a matter of fact if you tell a vulture when they call to stop contacting you, and that they are attempting to collect an uncollectable debt, they should leave you alone. Actually what they do is sell the debt to another vulture and the sh-- starts over again. The credit reporting agencies are supposed to remove debt over a certain age. Don't count on it. These guys aren't too much above the vultures in my book--but then that would be another whole book. Call the resolution number on your credit reports and gripe about all the errors. They are supposed to investigate, correct errors, then send you a new report. ALWAYS when you do anything DOCUMENT DOCUMENT DOCUMENT everything. Get names of everyone you talk to, write down every complaint/discrepancy, what the person said, what was actually done, etc. Also get a copy of the Fair Credit Reporting Act (FCRA) and The Fair Debt Collections Act. Both can be downloaded from the Federal Trade Commision web site (ftc.gov). Hope this helps a bit. ljones3123
SAME PROBLEM
COULD YOU PLEASE TELL ME WHAT YOUR RESPONSE TO THIS WAS? I AM HAVING THE EXACT SAME PROBLEM ALSO, AND I NEED HELP FAST, BEFORE I HAVE A HEART ATTACK BEFORE THE AGE OF 26.
What was the reply you got on this???
If you wouldn't mind sharing with me the reply you got on this issue I would greatly appreciate it. I'm in the same situation and am wondering the same questions.
Thanks,
Ryan
New york
Just now a person calling left a message on my aunties house all the way from las vegas and i live here in HAWAII. She stated on the answering machine that she is looking for me and if i dont call back we will prosicute against you. Its a shame telling my auntie them ad they know whats going on. I also told her not to call my fathers job and she still did. She told me if i dont pay this debt by today properties can be taken, wat ever that means. I just read the law about collection agency and what they cannot do. I think something had been violated and im mad about it. i only have one day from the phone call to pay it wow by today. On my behalf im so poor and so are my family, she needs a check today or else they will prosecute against me for fraud because i sent a bounced check accidently i gave them my wrong check book. Now im screwd i feel so depressed and scared she really is scaring me its so dramatic. I wish i could just get a loan to pay off all the debt. I'm so young i cant even concitrate now. Im only 19 and i already got debt collectors calling for me. And what sucks is shes on New York time and im on Hawaii time so its 6 hours differents and she said shes gonna close soon so she needs an answer. PLEASE HELP
From bad to worse...
I'm trying to clean up my act and I'm doing great so far, but...
Last year a collections lawyer called and said I'd have to pay him for 2 deliquest credit cards (card 'A' and 'B') or he'd sue. I was scared and wanted it done with so I paid both off. Now, on a couple of my credit reports it has the original deliquencies and that they were sold to an agency and written off. Then, another deliquency shows up from the collection agency for card 'A' saying it was paid off, and card 'B' payoff is nowhere to be seen.
I feel as though by paying off the agency it did nothing but create another deliquency. Is there any way I can get the original credit cards to acknowledge on my report that they were in fact paid and not just sold off and forgotten? Do I contact the agency and ask what happened to card 'B's payoff, or will that just add yet another deliquency?
I'm trying to do the right thing but I feel like I'm just shooting myself in the foot!
Credit
I had a $500 credit card with Bank of America. I mainly used the account for books for school. I started to pay it off but I was in school full-time and I couldn't work. Of course interest charges and late fees began to build up my total balance was around $900. I ended up settling back in 2005 for 450 dollars. Experian Says I have a balance of Zero AND THAT IT WAS PAID OFF BUT Experian and Trans Union still say I owe money. What should I do?
Debt collection but credit report doesn't show
I received a letter from a collection agency with an amount that they say I owed. I pulled my credit report from all three agencies and according to the reports, the account in question showed I've never owed any money with the balance of $0. Also, the account has been closed for almost 3 years. Why would a collection agency send me a letter saying I owe this money? What should I do about this problem?
google- "laws of collection
google- "laws of collection agencies" and read through. I believe there is a time limit for how long they have to report.
they MUST also prove the debt and must cease all colloection attempts until proven.
it is up to the collector to prove the debt, it's not you that has to prove you dont have the debt.
Collection Agencies
Our son, (after his wife left him), basically went off the "deep end." He used our name and bought lots of "stuff" including a new BMW car. The car got repossessed because he left his job, etc., etc., and there was about a $17,000 balance left on the car in OUR name. He went into a depression that left him without work and on medication for the last year. He just now got a job again but his life is still a mess and he needs basic money to live on let alone paying us back for all the damages he has done. We are paying $2600 per month in credit card payments on what he charged while he went crazy. We cannot afford to pay anything on this car that we don't have anyway.
The company who financed it wrote the loan off as a loss and sold it to a collection agency. Of course, it is in our name and they call us for the money. If the loan has been charged off and the car repossessed, what kind of authority does the collection agency have over us? We have no money to pay any additional debt and neither does our son right now. We are hoping that after he gets on his feet he will be able to pay off the current credit cards let alone a car that has been repossessed.
Please help.
Collection Agencies
When a vehicle is repossessed, it doesn't automatically cancel the debt. The vehicle must be resold, usually at an auction and at a significant discount . That money less the cost incurred for the repossession and sale of the auto is applied to the debt. The remaining balance is what is legally owed. It makes no difference if the loan is written off and sold to a collection agency. The collection item can be on your credit report for seven yrs.
Charge Off
How long does a charge off account stay on file with the credit bureau account, once you have payed off the collection agency to whom your debt was sold too?
Paid collection item
The collection item will stay on your credit report for 7 years. The collection agency should report that the debt has been paid and the listing should now be "Paid collection". I suggest that you get a free copy of your credit report to verify that your report shows that the debt has been paid.
Relative Fraud
My husband's step son and ex wife used his social security number and forged his signature on a credit card with MBNA. Although I have written numerous letters to the credit reporting agencies and MBNA, I get no respone. I have requested copies of the credit application and transactions but I get nothing. This credit card keeps showing up on our credit record but we have never gotten a bill. They have also sold this account to several collection agencies. The interest charges are mounting and they are dinging our credit. What should we do?
File A Dispute
Contact each of the major credit reporting agencies (Equifax, TRW, and Experian) and file a formal dispute of those account charges based upon identity theft (ALL of the accounts, including the associated collection accounts). They will follow up with MBNA and the the associated collection agencies to verify the accuracy of the debt, and if the bank and agencies cannot justify the validity of the accounts within a limited amount of time (30 days I believe), then they must remove them from your credit report. They will also place an Identify Fraud alert on your credit reports requiring anyone who opens a new account for credit in your name to provide identification to prove that their request is valid, i.e., that it's really you who is asking for the credit for up to 90 days after the alert is placed. Also, if you have not already done so, consider taking legal action against your husband's stepson and ex-wife to recover your damages and potentially have them arrested for their illegal actions.
Good luck to you!
How Many Times Can They Do This???
Many, many years ago, when I was a lot younger and far less credit-savvy, I made the mistake of applying for one of those credit cards for people who have little credit or need to improve their credit. You know the ones I'm talking about - they have really minimal credit lines, and it costs a hefty "credit acceptance fee" to get it. That, and a "credit limit increase fee" when they approve you for a higher credit limit. You start out with something like a $250 limit, of which $200 is already used up in fees before you even get to use the card for the 1st time, and each time they increase your credit limit, the same thing happens - the majority of your increase is eaten up in fees, too. I took out both a MasterCard and a Visa account with the same bank (Cross Country), and ultimately screwed up the accounts to where they closed them. These accounts were closed back in 1998, over 7 years ago. I've had the charge-offs on my credit history to back that up.
I became concerned when, after the accounts were charged off, I still ended up getting letters from collection agency after collection agency trying to collect against the charged off accounts. I mean, it's charged off, right? Why pay a collection agency to clear a debt that technically no longer exists? And I'm STILL getting collection agencies trying to collect that same charged-off debt - well over the 7 year statute of limitations has expired. To make things worse, these collection accounts are showing up again, NOW, on my credit report once again as unpaid. For a debt that was charged off almost 10 years ago.
How can they do that??? And how many times can the same charged-off account be sold and resold? And how is it that they can put that old debt back on my credit report after the expiration of the statute of limitations??
Sounds like my problem
I have just recieved a collection notice from an old phone bill back in 1998. The agency states that this debt was never reported so now they have the right to report it now if I do not pay. How can I get a ding on my credit report today for something that ooccured almost ten years ago? Also I went through bankruptacy 2 years ago. Since this item was not reported they state that my bankruptacy doesn't cover the debt unless I reopen my case and add them to list of creditors(which is not a free option) I don't mind paying the debt but not if it is going to be a negative mark on my current credit report for the 10 year old item. I don't know what to do.
Sounds like you might be
Sounds like you might be able to file a lawsuit against one or more entities. If you are interested in talking about it, email me at law5411@aol.com.
Credit card company reversed charges
The fact that your credit card company removed the charge doesn't mean you don't owe the debt. You still have a disputed charge with the original company. You still have the right to dispute the charge with the company and the collection agency using whatever documents you have showing the original charge was invalid. Undisupted collection items can be reported to the three credit reporting agencies.
I have a company with whom a
I have a company with whom a credit card dispute was resolved in my favor and the permanent credit put on my account. The company with whom the charge was disputed is now trying to get the money through a collection agency, can they verify that i owe them money if the credit card company's dispute resolved the matter and reversed the company's charges? What information do they need to report this "debt" to a collection agency, and without my social security number can they actually do anything to my credit?
you need to read the laws
you need to read the laws that collection agencies have to follow. (just google "laws of collection agencies")
collection agencies have to prove the date or stop and cease all collection attempts.
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