Ask me about dealing with/suing/being sued by debt collectors!

The Something Awful Forums > Discussion > Ask/Tell > Business, Finance, and Careers > Ask me about dealing with/suing/being sued by debt collectors!

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Iron Squid: Nov 23, 2005; by Ozmaugh

I discovered that I have an old cell phone bill of around $80 that has gone to collections. Unfortunately I need to take care of it ASAP because I'm applying for a Sallie Mae loan and having an unpaid bill on the credit report will cause the loan app to be rejected.

So I called the cell phone company, and got all the pertinent information. The lady I spoke with said that once they received the payment, it would automatically be removed from my credit report in about 30-45 days. I'd like to get something in writing from them in case it *doesn't* get removed. Should I send them a letter, fax or email, or what? How do I go about getting them to agree to do this pay-for-deletion.

And if they say they don't do anything like that, then what?

# ? Mar 25, 2010 20:18

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# ? Apr 26, 2024 10:10

DizzyBum: Apr 16, 2007

Love the thread. It's entertaining and I've learned a lot from it, thanks!

So, I've got a friend with the following dilemma. Figured I'd paste it in here and see if anyone could offer some advice.

Before you read it, the sticking point is that they live in Canada. I know plenty about the US debt collection stuff thanks to this thread and other sources, but if it's a different country I'm not sure what to tell them. Do they have anything on the books similar to FDCPA/FCRA?

quote:

My brother moved out of the house he was living in, in July. The power bill was in his name. He called to cancel it, but they said it was too late, he would have to pay until at least the end of August. This was annoying but he said fine, then do that and cancel it. They said okay.

He's been living at home since then. But he just found out that apparently the power company took him to a collections agency... for payments until December. They want $900.

He'd given them his change of address. He has not received any bills while at this address. They say that they sent them, and he has received them. They don't care that he hasn't lived there for six months, and it makes no sense for him to be paying the power bill for strangers. They don't care that he said he talked to someone in August to have it cancelled, they have no record of the call, so he is lying.

Also, he made all the calls from his cell. So he should at least have a record that he called them, and when. And the landlord will have a record of when he moved out.

Is there anything he can do?

# ? Mar 25, 2010 21:02

GoochBag: Mar 10, 2008; All right! Let's go get some men!

CubsWoo posted:

Possible, but very, very difficult due to the time in-between. You can still ask them to validate at this point, regardless of your payment status.

I only started making payments in July of 2009, which is when they began contacting me. I've now paid them $900 of a $2,199 debt. Does that change anything at all with my previous question?

Edit for original question: "I've been making $100 monthly payments to MRS Associates for a Chase account I defaulted on in 2007. Before they contacted me, they had actually gotten ahold of my parents who then called me about it. This happened a few times. I asked them not to contact my parents any more, and they haven't since. Knowing now that contacting friends or family about your debt is a violation of the FDCPA, do you think it's plausible to use that against them? If so, how? Or did that go out the window when I started making payments?"

GoochBag fucked around with this message at 03:32 on Mar 26, 2010

# ? Mar 26, 2010 03:29

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Iron Squid posted:

I discovered that I have an old cell phone bill of around $80 that has gone to collections. Unfortunately I need to take care of it ASAP because I'm applying for a Sallie Mae loan and having an unpaid bill on the credit report will cause the loan app to be rejected.

So I called the cell phone company, and got all the pertinent information. The lady I spoke with said that once they received the payment, it would automatically be removed from my credit report in about 30-45 days. I'd like to get something in writing from them in case it *doesn't* get removed. Should I send them a letter, fax or email, or what? How do I go about getting them to agree to do this pay-for-deletion.

And if they say they don't do anything like that, then what?

Send them a letter asking for something in writing, signed by someone with the power to do so, that agrees to the PFD. You can then send that to the bureaus as proof the record should be deleted.

GoochBag posted:

I only started making payments in July of 2009, which is when they began contacting me. I've now paid them $900 of a $2,199 debt. Does that change anything at all with my previous question?

Edit for original question: "I've been making $100 monthly payments to MRS Associates for a Chase account I defaulted on in 2007. Before they contacted me, they had actually gotten ahold of my parents who then called me about it. This happened a few times. I asked them not to contact my parents any more, and they haven't since. Knowing now that contacting friends or family about your debt is a violation of the FDCPA, do you think it's plausible to use that against them? If so, how? Or did that go out the window when I started making payments?"

It really doesn't. You can tell them you began making payments under the assumption the debt was valid, but now believe their accounting may be incorrect and you require validation to continue. As for the FDCPA violations, as before, you probably can't use them in a meaningful way in court - but they could be a good bluff in an intent to sue letter, if it gets that far.

# ? Mar 26, 2010 07:38

Iron Squid: Nov 23, 2005; by Ozmaugh

CubsWoo posted:

Send them a letter asking for something in writing, signed by someone with the power to do so, that agrees to the PFD. You can then send that to the bureaus as proof the record should be deleted.

Should I send it to Sprint, or the the collection agency that's currently holding the debt?

# ? Mar 26, 2010 08:18

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Iron Squid posted:

Should I send it to Sprint, or the the collection agency that's currently holding the debt?

The collection agency. Once Sprint sells the debt, it's out of their control.

# ? Mar 29, 2010 19:27

causticBeet: Mar 2, 2010; BIG VINCE COMIN FOR YOU

I worked as a debt collector in a bullshit collections agency in Buffalo NY (known shithole of collections agency) collecting Pay Day loan debts. Feel free to ask any questions.

Im sure many places are legit, but everyone Ive seen in the business from the little corner i was in was scumbag after scumbag. We'd have collectors adding 1,000$+ to a 200$ debt, claiming to be federal employees, harassing the poo poo out of debtors, questioning all sorts of moral convictions, blah blah blah. You can however make this work for you, if you happen to have collectors harassing you.

Try to record every call you can, and if they happen to slip up on the FDCPA, threaten to bring the recordings to the AG/your lawyer/whatever.

9 times out of 10, anyone smart enough to do this while I was working as a collector got their debt settled in full, but keep in mind, these are 100$-1000$ loans, not your 20k credit card balance.

From my experience a 200$ balance on your Old Navy credit card wont get you bottom of the barrel collectors, but god forbid you ever take out a Pay Day loan, youre hosed.

But if youre dumb enough to take out a pay day loan, you probably deserve it.

DarthJeebus posted:

So I just got a disturbing phone call earlier.

A man claiming to be from processing services or some other thing called me to inform me that I was to be served a subpoena tomorrow. He gave me a telephone number to call to a debt collection agency. I called them up to see what was going on and it's in regards to an old debt that I honestly had forgotten about (stupid, I know), but I haven't received any prior calls or letters from these people.

Basically the guy tells me that I am going to be served but if I fork over a "generous settlement amount" then he could call "them" and stop the process. He then tries to verify my information and at first, has my birth date, address, and social security number wrong, but then looks at something else on my credit report and comes up with the correct information (I didn't tell him). He told me that a civil suit would basically destroy my chances of getting jobs in the future and rattled off a list of bad sounding things that would happen to my assets.

I've never been served before so I honestly don't know if I am legitimately being sued, or if this is some elaborate scare tactic. If it turns out I really am about to be sued, what should my first move be? I haven't received so much as a phone call or letter from these people ever, and I wouldn't have because they didn't even have my right loving address.

Was the call from a man claiming to be Steve Grivas? A guy I used to work with used the exact same line.

Its illegal to threated a debtor with court unless they have actually shown intent to take you to court. Start recording your calls, then either contact your Attorney General, or threaten the agency with this to get a settlement.

causticBeet fucked around with this message at 01:21 on Mar 30, 2010

# ? Mar 30, 2010 01:15

mAlfunkti0n: May 19, 2004; Fallen Rib

Glad I found this thread. It has a lot of useful information for dealing with people who just want to make your life miserable. I have been out of a job for the past year and four months and for the past few months I have been unable to pay a couple of bills.

I do not dispute that I owe the bills, I racked them up like an idiot (about 6K total), but I had the job to easily pay for them. I am just starting the process to get back on my feet (finally found a job) again, but these companies don't care one bit about the situation you are in.

Thanks again for all the information!

# ? Mar 30, 2010 05:30

Pagan: Jun 4, 2003

causticBeet posted:

Im sure many places are legit, but everyone Ive seen in the business from the little corner i was in was scumbag after scumbag. We'd have collectors adding 1,000$+ to a 200$ debt, claiming to be federal employees, harassing the poo poo out of debtors, questioning all sorts of moral convictions, blah blah blah. You can however make this work for you, if you happen to have collectors harassing you.

I made the mistake of taking out a payday loan like 3 or 4 years ago. Once I stopped paying, they had a robocall hit me every single day. Every day. For a while I ignored it, or blocked their call. But once I started educating myself, I took action.

The next time they called, I told them that since I lived in Mass and this was a cellphone, it was illegal for them to call me at this number every single day. The girl copped an attitude and said "Are you a lawyer?" I replied "Do you want to find out? Keep calling. And for the record, every single call you make to this number from now on will be recorded without any further notice."

That was the last phone call from them I've ever received.

I also seriously doubt a payday loan would stand up to any kind of legitimate collection process; I never signed anything, just a few clicks on a website. In the three years since I've stopped paying, they haven't put it on my credit. I'd feel bad for "scamming" them if I hadn't already paid back two or three times the principal due to their horrid interest rates.

# ? Mar 30, 2010 15:09

Iron Squid: Nov 23, 2005; by Ozmaugh

CubsWoo posted:

The collection agency. Once Sprint sells the debt, it's out of their control.

I called the collection agency this afternoon. A company called Debt Recovery Solutions located in Westbury, NY. I told them I would be happy to send them the $75 in exchange for them removing it from the credit report.

The person I spoke with said they couldn't do that. The only thing that they could do is mark the debt as paid-in-full. Will this do anything to improve my credit score, and will it cause the now paid-in-full debt to stay on my credit report for *another* seven years?

Ugh I'm going to be so furious if I cannot qualify for a Sallie Mae loan because of an ancient cell phone bill. :|

# ? Apr 2, 2010 20:10

TheWevel: Apr 14, 2002; Send Help; Trapped in Stupid Factory

Iron Squid posted:

I called the collection agency this afternoon. A company called Debt Recovery Solutions located in Westbury, NY. I told them I would be happy to send them the $75 in exchange for them removing it from the credit report.

The person I spoke with said they couldn't do that. The only thing that they could do is mark the debt as paid-in-full. Will this do anything to improve my credit score, and will it cause the now paid-in-full debt to stay on my credit report for *another* seven years?

Ugh I'm going to be so furious if I cannot qualify for a Sallie Mae loan because of an ancient cell phone bill. :|

Never do anything over the phone, always do it Certified Mail with a Read Receipt. Did you pay them over the phone?

# ? Apr 2, 2010 21:17

Iron Squid: Nov 23, 2005; by Ozmaugh

TheWevel posted:

Never do anything over the phone, always do it Certified Mail with a Read Receipt. Did you pay them over the phone?

No, I haven't paid them at all. I told them that if they weren't going to remove it from my credit report, I wasn't going to pay. The guy on the other end said, "Well, okay."

And that was that.

# ? Apr 3, 2010 00:47

Offrampmotel: Mar 18, 2006; Guitar God

I'm a bit confused here...I have 2 different collection agencies attempting to collect the same debt. Is one of them breaking the law?

# ? Apr 3, 2010 04:34

MikeRabsitch: Aug 23, 2004; Show us what you got, what you got

Offrampmotel posted:

I'm a bit confused here...I have 2 different collection agencies attempting to collect the same debt. Is one of them breaking the law?

Knowing collection agencies, that isn't that surprising. Tell both to validate the debt.

# ? Apr 3, 2010 08:08

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Iron Squid posted:

I called the collection agency this afternoon. A company called Debt Recovery Solutions located in Westbury, NY. I told them I would be happy to send them the $75 in exchange for them removing it from the credit report.

The person I spoke with said they couldn't do that. The only thing that they could do is mark the debt as paid-in-full. Will this do anything to improve my credit score, and will it cause the now paid-in-full debt to stay on my credit report for *another* seven years?

Ugh I'm going to be so furious if I cannot qualify for a Sallie Mae loan because of an ancient cell phone bill. :|

The phone rep fed you a line of bullshit. If you call back, go up the chain until you find someone who will agree to it. Either way, send them an ultimatum letter ("Payment in full will be delivered to you upon agreement, signed by a member of your company with the power to do so, that your company will no longer report this debt and will not respond to a dispute of this debt from any and all credit bureaus - something like this.) Also mention in that letter that if they don't agree, you'll begin requesting verification documents and will dispute the debt anyway. I'd be shocked if they don't take the money and delete over the potential minefield of a pissed-off consumer and the FCRA/FDCPA minefield over $75. They may not even have enough to satisfy a validation challenge.

Offrampmotel posted:

I'm a bit confused here...I have 2 different collection agencies attempting to collect the same debt. Is one of them breaking the law?

One, possibly both, are violating the FDCPA. Two agencies cannot both legally own your debt. As Knightmare said, tell both to validate, and dispute the debt if it's on your credit report. Don't mention that a second company is claiming your debt until you're ready to send an intent to sue letter.

# ? Apr 3, 2010 09:06

hofnar: Dec 27, 2008; by sebmojo

Never mind, found the answer on page 4.

Great thread, thanks.

hofnar fucked around with this message at 02:18 on Apr 4, 2010

# ? Apr 4, 2010 02:04

Iron Squid: Nov 23, 2005; by Ozmaugh

CubsWoo posted:

The phone rep fed you a line of bullshit. If you call back, go up the chain until you find someone who will agree to it. Either way, send them an ultimatum letter ("Payment in full will be delivered to you upon agreement, signed by a member of your company with the power to do so, that your company will no longer report this debt and will not respond to a dispute of this debt from any and all credit bureaus - something like this.) Also mention in that letter that if they don't agree, you'll begin requesting verification documents and will dispute the debt anyway. I'd be shocked if they don't take the money and delete over the potential minefield of a pissed-off consumer and the FCRA/FDCPA minefield over $75. They may not even have enough to satisfy a validation challenge.

I called back, got the same guy who gave me the same line. I asked to speak with his supervisor. I'm about 100% sure he just gave me to another phone rep who repeated what he said. When I asked to speak to his supervisor, I was told that I was speaking with the only sup in the office.

Which I'm sure is bullshit.

So now I'm going to write a letter. Do you have any copies of a letter like this available online, that you recommend?

# ? Apr 5, 2010 21:30

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Iron Squid posted:

I called back, got the same guy who gave me the same line. I asked to speak with his supervisor. I'm about 100% sure he just gave me to another phone rep who repeated what he said. When I asked to speak to his supervisor, I was told that I was speaking with the only sup in the office.

Which I'm sure is bullshit.

So now I'm going to write a letter. Do you have any copies of a letter like this available online, that you recommend?

I'll just copy/paste my last letter like this:

quote:

To whom it may concern at XXX Collections:

Regarding your claim to account #XXXXXXX, I would like to propose a mutually beneficial settlement to this alleged debt. I am willing to settle this alleged debt for $XXX.XX with the agreement that all of the following conditions be met:

- Your firm considers this alleged debt paid in full, and will not sell it or any portion of any alleged debt remaining or due to any collector, agency, or other third party, and will close any file or account referencing this alleged debt;

- Your firm requests that this alleged debt be removed from any and all credit bureau reports and no longer reports this alleged debt to any credit bureaus or agencies. If this is not possible, your firm instead promises not to respond to any credit bureau investigations or verifications questioning the validity of this debt;

- Your firm cease all written, telephone, electronic, and all other communication with me, with the exception of a return letter, signed by your firm, that states you agree to all of these terms.

Upon receipt of your signed agreement to these terms, a cashier's check for the amount of $XXX.XX will be delivered to your firm via your preference of Certified Mail or FedEx. These settlement terms are not flexible. Please do not contact me with questions about these terms; do not send any further verbal, electronic, or written correspondence to me beyond a letter either accepting or rejecting these terms. If you refuse these terms, please also include with your refusal a full verification that this alleged debt is true and accurate, and that you are the true owner of the alleged debt. You may consider this letter a request for verification of this alleged debt as per FCRA Section 611(a)(7).

I await your speedy reply.

Tweak it how you like, but that's my form letter for PFD settlements.

# ? Apr 6, 2010 02:56

Iron Squid: Nov 23, 2005; by Ozmaugh

CubsWoo posted:

<form letter>

Awesome, thank you.

So I'm going to assume I should send this registered mail? How long should I wait, and if I don't hear back from them or they respond negatively, what should my next step be?

# ? Apr 6, 2010 18:33

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Iron Squid posted:

Awesome, thank you.

So I'm going to assume I should send this registered mail? How long should I wait, and if I don't hear back from them or they respond negatively, what should my next step be?

Send it certified mail with a return receipt (that little green slip you need to fill out) or if you want to spend a little more, FedEx/UPS it. Some method where it can be tracked and signed for. After that, since that letter is considered a validation letter, dispute with the bureaus ~5-10 days once you see they've received the letter. If they don't respond or respond negatively and continue collection without validating - violation. If they validate without proof to you - violation. If they validate, send proof, and still refuse to deal with you, then there's not much you can do, since at that point it's a legal debt, they have claim to it, and they don't have to listen to your demands at any point (though most do, since it means they get paid.)

# ? Apr 6, 2010 20:26

peengers: Jun 6, 2003; toot toot

Here's one for you.

My girlfriend's sister, X, bought a car about 3 years or so ago new. Since she got it, she has never paid a single payment but has managed to avoid having the car repoed by living in a gated community and by never registering a change of address with anyone from her previous location.

A few days ago someone showed up to her mom's house dressed in a suit claiming to be a lawyer that was there to serve X papers to appear in court, claiming that she will go to jail if she doesn't appear. Her mom said ok, give me the papers but the person refused - No actual papers were served, X doesn't live at her mom's house and never has, and the only thing that was delivered was the threat of jail.

What's going on? I'm guessing that the person in the suit was really a repo guy or a collector of some sort that was looking for X.

edit: yeah I know X is dumb, she should have surrendered this car up years ago. Any advice on how she should get her rear end out of this mess?

# ? Apr 6, 2010 21:14

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

peengers posted:

Here's one for you.

My girlfriend's sister, X, bought a car about 3 years or so ago new. Since she got it, she has never paid a single payment but has managed to avoid having the car repoed by living in a gated community and by never registering a change of address with anyone from her previous location.

A few days ago someone showed up to her mom's house dressed in a suit claiming to be a lawyer that was there to serve X papers to appear in court, claiming that she will go to jail if she doesn't appear. Her mom said ok, give me the papers but the person refused - No actual papers were served, X doesn't live at her mom's house and never has, and the only thing that was delivered was the threat of jail.

What's going on? I'm guessing that the person in the suit was really a repo guy or a collector of some sort that was looking for X.

edit: yeah I know X is dumb, she should have surrendered this car up years ago. Any advice on how she should get her rear end out of this mess?

HAVE HER TALK TO A LAWYER ASAP.

I'll start by saying that I don't really deal with secured debt, but in this case the threat of jail could be real. In most cases like this, surrendering the car may be enough to satisfy the creditor - but it may not, since they may claim a lost sale + 3 years of expenses tracking the car down. Depending on the state, hiding the car is considered concealment and may or may not be a felony/commercial fraud. What state does she live in?

At best, she surrenders the car and eats a deficiency judgment for the difference between the new car sale price and what the creditor gets for it now. At worst, she's going to jail. The person at the door was a process server (possibly the lawyer/paralegal, someone from the firm), and they may be attempting to get her into court first, then issue an arrest warrant if she can't be found.

HAVE HER TALK TO A LAWYER ASAP.

# ? Apr 7, 2010 00:07

peengers: Jun 6, 2003; toot toot

CubsWoo posted:

HAVE HER TALK TO A LAWYER ASAP.

I'll start by saying that I don't really deal with secured debt, but in this case the threat of jail could be real. In most cases like this, surrendering the car may be enough to satisfy the creditor - but it may not, since they may claim a lost sale + 3 years of expenses tracking the car down. Depending on the state, hiding the car is considered concealment and may or may not be a felony/commercial fraud. What state does she live in?

At best, she surrenders the car and eats a deficiency judgment for the difference between the new car sale price and what the creditor gets for it now. At worst, she's going to jail. The person at the door was a process server (possibly the lawyer/paralegal, someone from the firm), and they may be attempting to get her into court first, then issue an arrest warrant if she can't be found.

HAVE HER TALK TO A LAWYER ASAP.

This is in florida, and I'll tell her sister to tell her to do just that.

# ? Apr 7, 2010 00:50

MalConstant: Mar 16, 2008

Ok, so I'm in a sticky situation.

I an 2 other guys rented a house 2 years ago. Bad Idea. I left the place within the 6 months of being there. We signed a year long lease, but in the fine print it says the lease turns into a month to month basis after the year. Anyways to make a long story short, I left 2 years ago and this guy who was still living there subletting to other people destroyed the place and left without telling the rental company 5 months ago.

So now, I'm getting calls from a Debt Collector saying I owe $2700. I told him I wasn't going to pay him and to take me off his calling list which he did. The debt collector wouldn't let me record the conversation (I live in FL and you need both parties to consent). He also said that I would lose If I tried to dispute it. I told him off and have not spoke to them since.

I've been trying to get in contact with the guy who did all the damage to take responsibility, but that's a lost cause. My hope was to have him sign a letter saying he takes responsibility for my debt and have it notarized.

Should I go see a lawyer or defend myself in court when it comes to it?

# ? Apr 7, 2010 23:35

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

MalConstant posted:

Ok, so I'm in a sticky situation.

I an 2 other guys rented a house 2 years ago. Bad Idea. I left the place within the 6 months of being there. We signed a year long lease, but in the fine print it says the lease turns into a month to month basis after the year. Anyways to make a long story short, I left 2 years ago and this guy who was still living there subletting to other people destroyed the place and left without telling the rental company 5 months ago.

So now, I'm getting calls from a Debt Collector saying I owe $2700. I told him I wasn't going to pay him and to take me off his calling list which he did. The debt collector wouldn't let me record the conversation (I live in FL and you need both parties to consent). He also said that I would lose If I tried to dispute it. I told him off and have not spoke to them since.

I've been trying to get in contact with the guy who did all the damage to take responsibility, but that's a lost cause. My hope was to have him sign a letter saying he takes responsibility for my debt and have it notarized.

Should I go see a lawyer or defend myself in court when it comes to it?

First of all, yes go see a lawyer. This sounds like $2700 for damages to the property, right? Unless Florida has some weird laws 'responsibility' means jack poo poo as long as you're attached to the lease. The collection agency will be going after anyone on that lease, and you may be the top target if they notice you have attachable income. Try finding a consumer lawyer (preferably one well-versed in lease agreements) and see if you have any options. The collector also seems to be doing things right in regards to FDCPA/FCRA so no luck there - but check the lease to see what the clauses say regarding how they handle debt. Take a copy of the lease to the lawyer if you can.

# ? Apr 8, 2010 06:26

what is this: Sep 11, 2001; it is a lemur

I've started getting calls again, on my cell phone, from blocked numbers or weird phone numbers. A couple times a day usually.

They're trying to collect on a debt, but they have the wrong name. It's very frustrating because it's a couple places and I can tell each not to call, but I usually have to go up to someone's manager or leave a voicemail before it sticks. And repeat that process for each debt collector.

It's super annoying, especially since my sister is in Germany and uses some weird service to call cellphones in the US, so her caller ID is blocked. That means I tend to answer whenever the caller ID shows up as "blocked" because it might be her.

Is there some way I can correct this permanently? I also get calls periodically that this stupid person's prescription drugs are ready for pickup, so they're clearly either giving out my phone number or just generally retarded.

what is this fucked around with this message at 17:03 on Apr 8, 2010

# ? Apr 8, 2010 17:01

YummyTarts: Sep 2, 2007; Frosted Strawberry Toaster Pastries!

I'm in credit card debt, and owe a few other unsecured things around. I'm going to file bankruptcy soon so I can just get rid of it, but where can I find a list of everyone I owe to? I'm worried I'll leave something out of the bankruptcy, but I don't know how that will work. I get calls from collectors all the time, but I've never answered because I know what they want. What my best course of action for cleaning this up in a timely manner?

# ? Apr 8, 2010 20:56

MikeRabsitch: Aug 23, 2004; Show us what you got, what you got

YummyTarts posted:

I'm in credit card debt, and owe a few other unsecured things around. I'm going to file bankruptcy soon so I can just get rid of it, but where can I find a list of everyone I owe to? I'm worried I'll leave something out of the bankruptcy, but I don't know how that will work. I get calls from collectors all the time, but I've never answered because I know what they want. What my best course of action for cleaning this up in a timely manner?

Have you checked out your credit report lately? You could start doing debt validation letters, and once they validate you could send a pay for delete offer along with a notice to stop calling you all the drat time. Do you have the means to pay a fraction of some of your debts?

# ? Apr 8, 2010 21:17

YummyTarts: Sep 2, 2007; Frosted Strawberry Toaster Pastries!

I could maybe pay some, but I'd have to stop saving to go back to college! If I'm going to file bankruptcy, shouldn't I just go ahead and pile whatever I can in there?

And yeah, I checked my credit report. I'll find out what those things you mentioned are and get right on it!

# ? Apr 8, 2010 22:36

Hoodwink: Nov 29, 2006

So I sent my letter to the guys trying to collect on my debt. It has been over the 30 days that I gave them to prove that I own that debt, its been 45 days. What is recommended to send them telling them to delete the debt from my records or face a suit?

# ? Apr 12, 2010 21:06

MikeRabsitch: Aug 23, 2004; Show us what you got, what you got

Hoodwink posted:

So I sent my letter to the guys trying to collect on my debt. It has been over the 30 days that I gave them to prove that I own that debt, its been 45 days. What is recommended to send them telling them to delete the debt from my records or face a suit?

Do you have proof that they received your letter?

# ? Apr 12, 2010 22:45

Pagan: Jun 4, 2003

Some good news on my end, I finally got Bank Of America removed from my chexsystems account! I fought with the collection agency, and finally got a letter proving I paid the debt after threatening a lawsuit. But, even with the letter, they claimed they don't update chexsystems. So, just on a whim, I sent a dispute letter to Bank Of America. They never responded. I sent the following letter to Chexsystems :

quote:

Re : Bank Of America Account

To Whom It May Concern,

I requested Validation of Debt from Bank of America, regarding their entry on my Chexsystems report. I sent a request on January 28th, 2010, via Certified Mail, item #XXXX. Bank Of America received this request on February 3rd, 2010. It was signed for by Blah. I have included a copy of the letter, and proof that they received it, in this envelope.

As of today, March 17th, Bank of America has NOT responded to my request. They have not provided any validation or proof that this is a valid and accurate debt. Under the Fair Credit Reporting Act, � 1681i(a)(5)(A) you MUST �promptly delete that item of information from the file of the consumer.�

I am certain that you are eager to comply with the law and correct the inaccurate information on my report. However, I will seek any and all legal remedy for your failure to do so.

Best Regards,

And it worked. I got confirmation today. So yeah, disputing and demanding they follow the law does work out in your favor sometime.

# ? Apr 12, 2010 22:47

Hoodwink: Nov 29, 2006

Knightmare posted:

Do you have proof that they received your letter?

I have my nice little green slip from the certified letter I sent them.

# ? Apr 12, 2010 23:00

Tom Ripley: Mar 21, 2010; by T. Finn

Can the contents of a safe deposit box be seized by creditors?

# ? Apr 13, 2010 04:03

Iron Squid: Nov 23, 2005; by Ozmaugh

Tom Ripley posted:

Can the contents of a safe deposit box be seized by creditors?

Only if it contains a second, smaller safe deposit box. :tipshat:

# ? Apr 13, 2010 05:03

Tom Ripley: Mar 21, 2010; by T. Finn

Iron Squid posted:

Only if it contains a second, smaller safe deposit box.

I get the reference but would like a serious reply. :rolleyes:

# ? Apr 13, 2010 05:35

Boogaloo: Jun 19, 2009

My turn. I did the usual "stupid 18-year-old got a credit card". The limit was something like 500, and of course, I only made one or two payments on it because financial responsibility just kind of flies right over my head. I got the card in August of 2007. I'm not sure how much I owe at this point- last time I checked it, maybe a year and a half or two years ago, it was somewhere in the area of one grand. If it's still just sitting at one grand, is that something that a company would sue over? I'm pulling my reports right now to cry over my terrible score (haven't ever looked at it) and see who's in possession of the debt right now. I'm guessing the direction I'm heading from here is to try to set up a pay for delete on the account. Thoughts?

I've got some other poo poo on my credit report too, unfortunately- voluntary repo of a car, but I've paid off the auction difference on that. Does that look decent at all on a credit report, or is it just as bad as repo?

# ? Apr 13, 2010 06:25

CubsWoo: Aug 17, 2005; Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Tom Ripley posted:

Can the contents of a safe deposit box be seized by creditors?

If it came to that, yes, a creditor could (if they think you're hiding assets and know that you have a safe deposit box) have a judge order you to open the box to determine assets, just like any other post-judgment asset search. In reality, I don't think this happens often, but hiding assets after a judgment can get you in more than just civil trouble if the creditor wants to push for it. Normally, though, creditors look for easily attachable assets they'd find on your credit report.

Boogaloo posted:

My turn. I did the usual "stupid 18-year-old got a credit card". The limit was something like 500, and of course, I only made one or two payments on it because financial responsibility just kind of flies right over my head. I got the card in August of 2007. I'm not sure how much I owe at this point- last time I checked it, maybe a year and a half or two years ago, it was somewhere in the area of one grand. If it's still just sitting at one grand, is that something that a company would sue over? I'm pulling my reports right now to cry over my terrible score (haven't ever looked at it) and see who's in possession of the debt right now. I'm guessing the direction I'm heading from here is to try to set up a pay for delete on the account. Thoughts?

I've got some other poo poo on my credit report too, unfortunately- voluntary repo of a car, but I've paid off the auction difference on that. Does that look decent at all on a credit report, or is it just as bad as repo?

Depends on the company. $1000 can easily be turned into $2500+ by tacking on 'fees' and such and then they'll sue. In my experience most firms won't go after accounts under $2500 or so but that's up to the creditor. Send off debt verification notices and move to PFD if they're on the level.

As for repos, it'll probably look bad the entire time it's there, but the older it is the less it impacts your score.

# ? Apr 13, 2010 13:33

LorneReams: Jun 27, 2003; I'm bizarre

I just recorded a call from a debt collector who called my mother for like a 15 year old debt who threatened (among other things) to have her arrested and to sue her for everything she owns. I almost got her to threaten me, but she stopped short, only going so far as to say that "I'll be sorry". I can't wait to count up the number of violations in that one phone call LOL. It's money time.

# ? Apr 14, 2010 15:34

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# ? Apr 26, 2024 10:10

quepasa18: Oct 13, 2005

LorneReams posted:

I just recorded a call from a debt collector who called my mother for like a 15 year old debt who threatened (among other things) to have her arrested and to sue her for everything she owns. I almost got her to threaten me, but she stopped short, only going so far as to say that "I'll be sorry". I can't wait to count up the number of violations in that one phone call LOL. It's money time.

I hope you live in a state where it's legal to record a phone call without the other party's consent...

# ? Apr 14, 2010 15:36

The Something Awful Forums > Discussion > Ask/Tell > Business, Finance, and Careers > Ask me about dealing with/suing/being sued by debt collectors!

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