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Norry
Mar 1, 2005

You gonna get raped...tenderly.


About 5 years ago I got my first smartphone and inherited my number from a douchebag who didn't like to pay his debts. I sent a certified letter to one of the companies and the calls stopped. This week I got 3 calls from the company. Do certified letters expire? Should I just send another one or would it worth it to take them to court?

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DizzyBum
Apr 16, 2007


Norry posted:

About 5 years ago I got my first smartphone and inherited my number from a douchebag who didn't like to pay his debts. I sent a certified letter to one of the companies and the calls stopped. This week I got 3 calls from the company. Do certified letters expire? Should I just send another one or would it worth it to take them to court?

Certified letters definitely don't "expire". Did you get the return receipt from them?

I searched for things you can do and found this list, which may help:

quote:

1. Take notes. Write down the phone number they are calling from and try to speak to someone to get the name of the collection agency. Remember, under the FDCPA, if you are receiving calls for someone else, they are required to provide the name of their employer upon request.

2. Tell the collector they have the wrong person, and ask them not to contact you again.

3. If the collector calls again, tell them you are going to report them to the FTC and your state attorney general—and do so. You may want to offer to fax them a copy of your phone bill with your request that your number be removed from the debtor’s records, but you are not required to do that.

4. If the calls continue, contact a consumer law attorney.

Norry
Mar 1, 2005

You gonna get raped...tenderly.


Thank you, I was only looking for certified letter information before posting, and I do have the return receipt. I just called back and they're still looking for the same douchebag from 5 years ago. Here's hoping they actually do remove my number this time.

AnonymousNarcotics
Aug 6, 2012

we will go far into the sea
you will take me
onto your back
never look back
never look back
I got a letter from a lawyer saying "we're offering to represent you in this case that XXXX has against you" - how can I find out if XXXX is actually suing me? I never got a summons as far as I know.

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.
Search your county civil court docket for your name

RabbitMage
Nov 20, 2008
I have an old credit card debt in collections that is showing on my credit report. I think it's approaching the SOL for California, but due to a variety of factors I can't remember when I stopped payment. What's the best way to find out?

DizzyBum
Apr 16, 2007


RabbitMage posted:

I have an old credit card debt in collections that is showing on my credit report. I think it's approaching the SOL for California, but due to a variety of factors I can't remember when I stopped payment. What's the best way to find out?

It should tell you on your credit report when the last known payment was made on the account.

Earth
Nov 6, 2009
I WOULD RATHER INSERT A $20 LEGO SET'S WORTH OF PLASTIC BRICKS INTO MY URETHRA THAN STOP TALKING ABOUT BEING A SCALPER.
College Slice
Different kind of question here maybe. I signed up for an HVAC loan; one year interest free and then nine years of 9% interest. I was planning on paying it off in month 11, and then signed up for auto payments to handle month 1-10. Here's the issue. The place isn't sending me monthly statements. I've contacted them once with no reply, and I'm about to try contacting again. I just want to know if it's legal to not send statements? I have found in other states it is not legal to do that, but I live in Missouri and haven't found anything for this state yet. Is there some federal law that I'm not finding regarding notifying the debtor of the debt amount on a monthly basis for the bill? Or a state law I haven't found? On my second contact I'd like to send the law along to encourage them to get their poo poo together. Also, in case it matters, the company is located in Texas.

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.
Do you have the terms of the loan agreement? It should outline their responsibilities.

SiGmA_X
May 3, 2004
SiGmA_X
With that type of loan management, I hope they don't have a prepayment penalty.

disjoe
Feb 18, 2011


I'm the victim of identity theft. Some rear end in a top hat opened a Best Buy/Citi account with my info and charged like $1600. I contacted Citi just as soon as I found out about this and they closed the account immediately and forwarded to their fraud department. I filed a fraud alert with Equifax and am waiting to hear back from the two other agencies.

I'm looking at my info on Credit Karma and the Equifax page lists the account as closed with a zero balance and says "Consumer disputes this account information." The TransUnion page also lists the account as closed with a zero balance, but it says "Account information disputed by consumer, meets FCRA requirements."

What does the bolded language mean? Does the dispute itself meet FCRA requirements (i.e., I took the proper steps to file a FCRA dispute) or does it mean the info Citi provided TransUnion is satisfactory under FCRA? Or does it mean some third thing?

Thanks!

Something Awesome
Feb 14, 2007
i mean awful
Back in 2012 i was sued by a credit union over defaulting on an unsecured personal loan. I lost the judgement back in 2012 but I again basically defaulted and never paid up. I never heard anything more about it up until recently when I received a certified letter containing a "writ of revival". Since I have already lost judgement and this is over my head from a legal perspective, what kind of lawyer should I be googling for representation? I have about 2 weeks to respond to the court letter filed from of a local law office on behalf of the original credit union.

marshalljim
Mar 6, 2013

yospos

Something Awesome posted:

Back in 2012 i was sued by a credit union over defaulting on an unsecured personal loan. I lost the judgement back in 2012 but I again basically defaulted and never paid up. I never heard anything more about it up until recently when I received a certified letter containing a "writ of revival". Since I have already lost judgement and this is over my head from a legal perspective, what kind of lawyer should I be googling for representation? I have about 2 weeks to respond to the court letter filed from of a local law office on behalf of the original credit union.

IANAL, but they're just trying to stop the original, unexecuted judgment from expiring, so there might not be a whole lot you can do about it at this point, since you haven't settled up on it or had it thrown out.

BlackMK4
Aug 23, 2006

wat.
Megamarm
Some years ago, I defaulted on an American Express credit card for roughly $2300. The debt has been off my credit record for a couple of years now and I am 100% debt free with a >750 credit score.

I received an AMEX letter today that offers a 45% settlement for around $1000, but they note that the debt cannot be sued over or reported to a credit agency due to the age of the debt.

Is there a point to paying this other than the moral implication? From what I'd read in the past, once you default on an AMEX you are basically blackballed for life from their services. Has this changed, or are they basically asking $1000 for the service of clearing my conscience and saving some trees?

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.
It’s option 3: they’re doing a mass mailing to holders of out of statute debt to see which suckers bite and give them back some cash.

You got away. Don’t pay them back unless you absolutely need an Amex card for some reason.

BlackMK4
Aug 23, 2006

wat.
Megamarm
That sucks, I wouldn't have minded carrying an American Express again. Ah well :)

Kobayashi
Aug 13, 2004

by Nyc_Tattoo
Over the last six weeks I’ve received 3 incredibly vague voicemails instructing me to call “the information center” about “a pending matter.” The only information they leave is a case number, and the name, which is a relative of mine who has been through bankruptcy in the past. The first and last names are different, this has nothing to do with me, and my accounts have always been current. Do I need to actively do anything about these calls or can I just continue to ignore them?

Yuwe
Apr 6, 2009

Kobayashi posted:

Over the last six weeks I’ve received 3 incredibly vague voicemails instructing me to call “the information center” about “a pending matter.” The only information they leave is a case number, and the name, which is a relative of mine who has been through bankruptcy in the past. The first and last names are different, this has nothing to do with me, and my accounts have always been current. Do I need to actively do anything about these calls or can I just continue to ignore them?

Check your credit reports (annualcreditreport.com if you haven't used it in the past year yet). If you recognize all debts on your credit reports, you can ignore it. Responding to the calls telling them they have the wrong number may or may not help, I personally would just set my phone to ignore them rather than give them an active number to pester (it could be a scammer instead of legitimate debt collection). It's not your name and thus any competent company will not tell you much more than is in the message.

Contacting the relative about this may be appropriate depending on the situation.

Ixian
Oct 9, 2001

Many machines on Ix....new machines
Pillbug

Toraen posted:

Check your credit reports (annualcreditreport.com if you haven't used it in the past year yet). If you recognize all debts on your credit reports, you can ignore it. Responding to the calls telling them they have the wrong number may or may not help, I personally would just set my phone to ignore them rather than give them an active number to pester (it could be a scammer instead of legitimate debt collection). It's not your name and thus any competent company will not tell you much more than is in the message.

Contacting the relative about this may be appropriate depending on the situation.


This; I have a deadbeat brother I occasionally get calls about and after checking my credit to make sure he (or anyone else) didn't find some interesting way to gently caress me I ignore/block the calls. If it's not yours there's nothing that they can do, at all. Now, if ID theft is involved so it appears to be yours that is another matter but I still wouldn't deal with any collectors until I had gone through the appropriate steps with law enforcement, etc.

Letting the relative know btw is a personal thing but usually doesn't go well. My default position is "don't help either side and don't get involved" in these situations.

Kobayashi
Aug 13, 2004

by Nyc_Tattoo
Yeah, this particular relative fell into their situation through no fault of their own and has worked hard to recover. I won’t say anything just because they’d be embarrassed. Will definitely keep an eye on my credit report though.

DizzyBum
Apr 16, 2007


I'm occasionally being sent letters from debt collectors trying to get me to pay on debts that are past the statute of limitations at this point. Can I ask them to stop communications in any way? Should I even bother? They're not harassing me or anything; I just sometimes get a letter in the mail, maybe once a month.

Veni Vidi Ameche!
Nov 2, 2017

by Fluffdaddy
Is pay for delete still a thing? Will they put it in writing?

I have a few things I’m trying to take care of. My HSA people hosed up some paperwork, then I hosed up some paperwork, and now I have a couple grand in medical debt, which is all pretty fresh. It’s mostly < one year old, and all less than two years old. Any chance of getting it knocked off for less than face value when it’s still so new?

I also have a big $4,000 lump of poo poo squatting on my credit report from a lovely apartment complex. It’s about three years old. The $4,000 figure is just made up nonsense. I was there five years, and left the place essentially the same as when I moved in, except for the carpet being kind of hosed in one bedroom. It was cheap apartment complex carpet, and at least five years old, assuming it was brand new when I moved in. I never got a letter detailing why I owed them money, and never heard about it until I was 2,500 miles away and it showed up on my credit. I disputed it just to see what would happen, and my claim was denied with no further information. Should I just let it fester? I don’t give a poo poo about paying those assholes, but I wouldn’t mind getting it off my credit. Do I try to figure out who owns it, and demand verification? I guess I need a PO Box or something for that. I don’t want to give them my address, if I can help it. Where do they sue me if they’re eight states away?

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.
They will sue you in the county you live in.

dougdrums
Feb 25, 2005
CLIENT REQUESTED ELECTRONIC FUNDING RECEIPT (FUNDS NOW)

Veni Vidi Ameche! posted:

Is pay for delete still a thing? Will they put it in writing? ...

dougdrums posted:

Keep copies of the changes to your credit report. Dispute it on your credit report. Get the collector's address and send them a request to verify the debt, and state that all further correspondence be made in writing. If you happen to have a lawyer retained, have all correspondence sent through them. Send it through certified mail w/ a receipt if possible. You generally have 30 days to request that they verify the charges. This 30 day timeline would probably be considered in play from the time you discussed it with them on the phone.

After you make this request, and as they are preparing the information, they may not attempt to collect, report to any credit agencies, call you on the phone, or charge fees to the account, among some other stipulations. They should provide both the original payment agreement, and the original statement of charges from the hospitals.

If it was a :airquote:mistake:airquote:, they'll shut up and you can report them to the local AG after some time. If it prevented you from making a purchase or something, you may be able to litigate, if you want.
...
I do not get paid for law thinking nor should I.
I wouldn't get too worked up yet, well as much as you can manage -- I understand. Just go through the process and see what happens. If you end up owe the medical debt, I think it is unlikely that it will be completely removed from your credit report. Even if you were able to get in in writing, actually getting it enforced is a seperate issue. You can probably settle at a discount, but it will be stated on your report still :(.

Also I'm assuming you're in the US.

dougdrums fucked around with this message at 14:20 on Sep 23, 2018

Malek
Jun 22, 2003

Shut up Girl!
And as always: Kill Hitler.
Kind of a stupid question but can someone leave a voice mail (with the greeting the number) and say it's debt collection on a phone that has access to other users? I'm curious whom the burden of proof is on to prove that if you wanted to fight it? Or is just a myth that is made up on websites cause the laws I saw don't mention anything about public voice mails.

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
I dont know if there's a thread specific for ID theft and financial fraud but I just talked to a friend who got loan stacked by online lenders for like $10,000+ bucks without his knowledge

how...how is this even possible :psyduck:

Initio
Oct 29, 2007
!
I guess we know what the ex-Wells Fargo employees are up to now.

rscott
Dec 10, 2009
Hey guys does pay for delete matter anymore? I have a couple of accounts in collections from physical therapy a few years ago and I would like to get them off my credit reports. I remember reading some thing that says the new version of FICO and TransUnion would ignore accounts in collections listed as paid in full. I can pay them in full now without any trouble, but if they're going to show up as closed and still count as derogatory marks, I'd just let them age off since they aren't making any effort to collect them. What is the best way forward?

Sub Rosa
Jun 9, 2010




I'd suggest just letting them age off. If they are old and there is no collection activity, their impact is already low compared to more recent trade lines, and pay for delete is now very uncommon because the CRAs hate it. If you really want them off, I'd try disputing with the CRAs and seeing if they bother verifying with the CRAs, but of course this also risks waking up the debt. In general, ignore things you read about "New FICO" because just because FICO has a new version or product doesn't mean that lenders are going to switch to it any time soon.

revmoo
May 25, 2006

#basta
This article is tangentally related but condenses a lot of the practices needed to deal with debt collectors: https://www.kalzumeus.com/2017/09/09/identity-theft-credit-reports/

Very good read for getting into the "battle" mindset.

I need to do a write up, I recently found the shoe on the other foot and actually had to pursue a company for damages, and won in court. It was very interesting handling basically "debt collection" from the other end.

Sub Rosa
Jun 9, 2010




revmoo posted:

I need to do a write up, I recently found the shoe on the other foot and actually had to pursue a company for damages, and won in court. It was very interesting handling basically "debt collection" from the other end.
Look forward to reading it

RabbitMage
Nov 20, 2008
So my attempts to get a debt pulled out of collections were apparently unsuccessful. ConServe now holds the debt. I haven't had any communication from them, at least not recently. Googling tells me they have a bad habit of agreeing to payment plans and somehow 'missng' the final payment, along with garnishing wages and tax refunds.

Our budget is very tight. Over half our income goes to rent and we don't have much wiggle room at all...what's my next best move?

The debt is about 3,300, my annual income is about 33,000.

streetlamp
May 7, 2007

Danny likes his party hat
He does not like his banana hat
Soo my wife has owed her credit union about $21k for a bit now. Cos she was broke and made not great choices she just stopped payment. Now we have had a steady stream of letters from them offering to pay it off for $16k, then like $10k, now down to $6.5k which I guess is the bottom since like 3 letters in a row have said this price.

Do we do the proof of debt letter? Its not sold to a collector it's still just the credit union. Ignore until they escalate? Sell an organ?

e: Obviously we don't have 6.5k laying around, she keeps wanting to take out a loan to pay it?
They have made marks on her credit which wasn't great ever but there's that too.
Do we trust them that paying this stops any further collection?

streetlamp fucked around with this message at 02:29 on Jan 30, 2019

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.

streetlamp posted:

Soo my wife has owed her credit union about $21k for a bit now. Cos she was broke and made not great choices she just stopped payment. Now we have had a steady stream of letters from them offering to pay it off for $16k, then like $10k, now down to $6.5k which I guess is the bottom since like 3 letters in a row have said this price.

Do we do the proof of debt letter? Its not sold to a collector it's still just the credit union. Ignore until they escalate? Sell an organ?

e: Obviously we don't have 6.5k laying around, she keeps wanting to take out a loan to pay it?
They have made marks on her credit which wasn't great ever but there's that too.
Do we trust them that paying this stops any further collection?
If they are offering it as a settlement, when you pay it off you should get a Settlement in Full letter as proof. You should also get a 1099C because they’re forgiving more than $600 of debt.

FCKGW
May 21, 2006

I just got a debt collections notice on a medical bill that's not due until a week from today (4/5). The charge was right around the monthly billing cycle so they probably jumped the gun a month early.

I haven't paid the bill to the hospital yet, do I just pay the original bill and send collections a certified letter with the bill due date and tell them to gently caress off?

dougdrums
Feb 25, 2005
CLIENT REQUESTED ELECTRONIC FUNDING RECEIPT (FUNDS NOW)
Weird, I actually had the same thing happen to me a few months ago. I did exactly what you described and it worked out ok.

BaseballPCHiker
Jan 16, 2006

So I got an odd call yesterday from an unknown number.

Listened to the voicemail and its from some company representing Huntington Bank, they wanted to notify me that they need to serve me with some papers to sign. They're claiming that I had a checking account with them from 2006-2009 and had overdrawn $104 which is now $500 something with late fees and penalties.

The problem with this is that I've never heard of this bank and they listed an address I never lived at for opening the account. The person on the phone gave me the way to dispute this but I'm a bit nervous that they're trying to serve me with papers. If necessary I can afford to pay this to make it go away but I dont want to obviously since the debt clearly isnt mine.

They didnt have me agree to anything and I havent signed anything but what are my options here? This hasnt even popped up on my credit report. I'm tempted to think this is a scam but the fact that the company calling was just to serve me with papers makes me think this is real.

Ixian
Oct 9, 2001

Many machines on Ix....new machines
Pillbug

BaseballPCHiker posted:

So I got an odd call yesterday from an unknown number.

Listened to the voicemail and its from some company representing Huntington Bank, they wanted to notify me that they need to serve me with some papers to sign. They're claiming that I had a checking account with them from 2006-2009 and had overdrawn $104 which is now $500 something with late fees and penalties.

The problem with this is that I've never heard of this bank and they listed an address I never lived at for opening the account. The person on the phone gave me the way to dispute this but I'm a bit nervous that they're trying to serve me with papers. If necessary I can afford to pay this to make it go away but I dont want to obviously since the debt clearly isnt mine.

They didnt have me agree to anything and I havent signed anything but what are my options here? This hasnt even popped up on my credit report. I'm tempted to think this is a scam but the fact that the company calling was just to serve me with papers makes me think this is real.


It's a scam. Process servers do not call you first to tell you they are dropping by just like police officers don't call you to tell you they are coming by in a bit to arrest you. And you don't sign things when you are served, it's only necessary they serve you in person. They can drop it in front of you and walk away as far as the court is concerned.

Not that uncommon a scam either https://800notes.com/forum/ta-935df0224895d31-4/fake-process-server-calls

BaseballPCHiker
Jan 16, 2006

Ixian posted:

It's a scam. Process servers do not call you first to tell you they are dropping by just like police officers don't call you to tell you they are coming by in a bit to arrest you. And you don't sign things when you are served, it's only necessary they serve you in person. They can drop it in front of you and walk away as far as the court is concerned.

Not that uncommon a scam either https://800notes.com/forum/ta-935df0224895d31-4/fake-process-server-calls

Well poo poo, I'm an idiot.

I confirmed my address and last 4 of my social with them. Time to lock my credit report I guess.

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dougdrums
Feb 25, 2005
CLIENT REQUESTED ELECTRONIC FUNDING RECEIPT (FUNDS NOW)
Yeah it's a scam. I had someone call my family and poo poo with the same shtick, so I tracked them down. I got them to send me an email, which listed the IP address they were using with their webmail client, and the pdf they sent had their name and poo poo in the metadata. I was able to track down their real address in Riverside CA so I went to the police here and in Riverside, and they were just like, "well whadyaa gonna do bout those thar internets :clint:" It's loving stupid.

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