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quepasa18 posted:I hope you live in a state where it's legal to record a phone call without the other party's consent... I asked if she was recording the call, and she said yes, so she knew it was being recorded.
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Apr 14, 2010 15:37
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quepasa18 posted:I hope you live in a state where it's legal to record a phone call without the other party's consent... I've heard as long as you notify the other party, you are in the clear (but IANAL). So some people will pass it off as if they were remarking on the automated notification, "So, this call may be recorded. Heh." Often on the other end they have a quick chuckle with you, then proceed to their spiel, not realizing you've just told them the call may be recorded.
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Apr 14, 2010 16:20
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I live in PA, which requires both parties to be aware that the call is being recorded. Do they have to agree to the recording, or do they just have to be made aware?
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Apr 14, 2010 17:28
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Offrampmotel posted:I live in PA, which requires both parties to be aware that the call is being recorded. Do they have to agree to the recording, or do they just have to be made aware? I've had lots of judges agree that they have to only be aware that the call could be recorded (not specifying by who). They have the right to hang up at that point and if they don't they are giving implied consent. EDIT: Also remember there is a HUGE difference between a civil action and a criminal one.
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Apr 14, 2010 17:35
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I posted:Over a year ago I moved out of Maryland. I just received a notice from MD saying I owe about $2500 for "insurance lapse default". It's the first notice I've gotten about it, possibly because it was addressed to a non-existent address a block away. CubsWoo posted:Most of what's here should apply, so definitely dispute it. Find out why they want the money and see if it's valid. Ok, well I just got a response from the state of MD. Here's what they said: rear end in a top hat state government posted:The state of Maryland Central Collection Unit (CCU) is in receipt of your letter dated March 11, 2010. In that letter you request certain relief under the Fair Debt Collection Practices Act. WTF? So basically they can tell me I owe them whatever they want, don't have to tell me what it's for, and can pretty much harass me and gently caress up my credit at their whim? I never even mentioned the FDCPA in my letter to them. I basically just demanded that they validate and explain what the debt was. I suppose I'll write the DMV to see what they have to say about it, but it seriously sounds like there are absolutely no legal protections for me. Any suggestions on motivating these assholes to leave me alone?
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Apr 15, 2010 23:35
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eater posted:Ok, well I just got a response from the state of MD. Here's what they said: Yeah, government is exempt if they do their own collecting (i.e IRS). Sounds like you or your car(someone else driving) got a ticket for failing to supply insurance and then never paid the ticket or went to court on the summons date. This is lawyer time.
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Apr 16, 2010 01:51
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quepasa18 posted:I hope you live in a state where it's legal to record a phone call without the other party's consent... So here's a question. During a call to company X's customer service the other day, I got the standard "this call may be monitored or recorded to ensure quality service". My complaint required a supervisor, and when she came on, I told her for grins that I was recording the call. (I wasn't) Her reply, "We don't allow calls to be recorded." Really. Anyone know the legality of this or have a link to research it further? Seems like if it's legal for them to record it, I can too.
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Apr 16, 2010 07:04
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hofnar posted:So here's a question. Most states have the law written up as "Knowledge" not "Consent". This is why they are telling you it can be recorded, so you know, not that you agree. I've won a civil legal argument stating that since they are telling me the possibility is there for the call to be recorded, that they know drat well it's a possibility. IANAL however, and it really depends on the state and the judge you happen to land in front of. Criminal is a different matter, and is actually a hot topic right now due to police using the wrietapping laws to bust people recording them in public.
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Apr 16, 2010 13:33
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LorneReams posted:Most states have the law written up as "Knowledge" not "Consent". This is why they are telling you it can be recorded, so you know, not that you agree. I've won a civil legal argument stating that since they are telling me the possibility is there for the call to be recorded, that they know drat well it's a possibility. IANAL however, and it really depends on the state and the judge you happen to land in front of. Criminal is a different matter, and is actually a hot topic right now due to police using the wrietapping laws to bust people recording them in public. What if you just ask the person "So, this call may be recorded?" They'll of course say "Yes." Is that knowledge?
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Apr 16, 2010 20:56
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Pagan posted:What if you just ask the person "So, this call may be recorded?" They'll of course say "Yes." Is that knowledge? More then knowledge, they just said you may record the call. That's straight up permission.
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Apr 16, 2010 20:59
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LorneReams posted:Criminal is a different matter, and is actually a hot topic right now due to police using the wrietapping laws to bust people recording them in public. Do you have an example of this? Like a news story or something? I have been thinking of installing a little voice recorder in my visor in my cars since I keep getting pulled over for the stupidest things and unless I am very forceful and use very strong verbal skills showing them I will give them hell in court, they will give me tickets that waste all my time and money. I took a nap in my car while my phone charged in a parking lot and was given a dui in Oct09 and after all my evidence being shot down I entered a plea and got supervision plus more bs fines... Now I got a ticket for "following too close" when the idiot in the passing lane varying from 10-15 under pretty quickly was the reason I was closer than I wanted to be for a few seconds. I was trying to open my iphone's voice recorder in time to record the cop say he had been following me "for a mile" which was clearly not true but I wasn't quick enough. If this ticket makes all the poo poo from the last 6 months come back into play, I might not be able to treat a policeman respectfully in the future.
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Apr 16, 2010 23:24
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PoOKiE! posted:Do you have an example of this? Like a news story or something? The most recent post is of relevance: http://carlosmiller.com/ Also I seem to remember there was a guy somewhere on the east coast (Virginia? One of the Carolinas?) whose passenger was videotaping a traffic stop a year or two ago and they got into some poo poo over it. Sorry I can't remember enough to get a link to that. For the most part, those kind of charges end up getting dropped because cops have no expectation of privacy while on duty in public, but that may depend on the specific wording of your state's laws. Nor will it save you from all the poo poo you'll have to go through before the charges get dropped, either. You could probably get around this by informing the cop that you're recording the conversation, but the officer is unlikely to appreciate that.
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Apr 17, 2010 01:34
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google police wiretapping and MA, it's a hot topic for sure around here. Police know it's bullshit, but there is no penalty for at least booking you with the bullshit charge and then it's dismissed laterG
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Apr 17, 2010 04:28
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BonerGhost fucked around with this message at 19:24 on Jul 31, 2016 |
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Apr 18, 2010 10:42
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NancyPants posted:Capital One has been taking 25% of my paychecks since the beginning of March. I received summons at my mailing address (Sheriff's office served) that contained a dunning letter they say they sent me. I may have received it, and if I did it was not certified mail. They included no return receipt in their documents. The attorney who sued me represents the OC so I figured I couldn't show up to court and hope they didn't have their ducks in a row so I saw no reason to go. I don't mean to be a dick, but this is where you went wrong. Even if you don't think you have a chance in hell, show up to court. If you're not there, Cap 1 can make all sorts of claims, and the judge has no choice but to agree with them. You might be paying double your balance due to BS fees, or a 45% APR or something. If you're there, you can ask the judge for more reasonable terms, or even demand that they prove how much you owe. Always, always go to court.
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Apr 18, 2010 16:05
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Pagan posted:I don't mean to be a dick, but this is where you went wrong. Even if you don't think you have a chance in hell, show up to court. If you're not there, Cap 1 can make all sorts of claims, and the judge has no choice but to agree with them. You might be paying double your balance due to BS fees, or a 45% APR or something. If you're there, you can ask the judge for more reasonable terms, or even demand that they prove how much you owe. I know that now in case any other creditors pull this, but I don't have a time machine so that doesn't help me. I need to know what I can do now and what they are allowed to do. E: moping about bad financial decisions made in the past is what got me into this mess. I have to focus on what I can do now and in the future. e2: VVV Thank you for the advice, I'll do this. BonerGhost fucked around with this message at 00:11 on Apr 19, 2010 |
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Apr 18, 2010 20:13
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NancyPants posted:
In Michigan, getting installment payments through the court where you got your judgment would stop a wage garnishment. (As long as you make your payments) I don't know if it's the same where you are but you may want to call the courthouse and ask a clerk what your options are.
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Apr 18, 2010 21:45
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You could also try the hail mary of arguing for incomplete service, which may get you a new trial and have the garnishment stopped temporarily. A consumer lawyer may take it and keep a portion of the garnishment recovered as they would have to pay you back everything that was taken if it goes that way.
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Apr 19, 2010 13:14
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First of all, great thread, OP. I found myself in the exact situation as you many years ago due to being a dumbshit college student. It took me years to climb out of the hole after I walked away from all my debts. Unlike you, I had not gotten myself fully educated on the subject prior to settling with a lot of companies. If I had known then what I know now, I probably could have saved myself some coin. I did, however, negotiate settlement agreements with several companies, and the agreements were far less than the debt I owed (I happened to know the balance of all my cards when I defaulted). I got sued by one of them and the attorney they hired was in my State. I got defaulted, so there was no way out of that. Again, though, I was able to settle for a lot less than the original debt. In the meantime, I got myself educated on the Federal Laws. Honestly, that's what enabled me to settle everything for peanuts. In one case, the debt was about to reach the 7 year limit in a matter of months. I reminded them of this and basically told them they can take my offer, or I can wait two months and demand its removal from my credit report. They took my offer (I'd have waited, but I wanted to buy a house). The odd thing is, after I cleared up pretty much ALL of them, I got a terribly abusive call from an rear end in a top hat collector. To this day, I don't know who they were. They claimed it was citibank account - I never had an account with them or a credit card with them. I had personally tracked where all my credit cards had been sold (and even tracked which CCs had been transferred to new banks upon being bought out). He had all my personal information, including a SS#, and I basically told him by phone that I disputed the debt because I never had an account there. The dude called me every name in the book. He called me a thief, a liar, a deadbeat, etc. I was practically in tears, but held it together and demanded to speak to his supervisor. He puts me on the phone with a smarmy prick who identified himself as "Mr Click" before he hung up on me. I never sued (though I probably should have), but I did contact the company that the debt collector claimed to represent. When I got on the phone with a rep, I told her the whole story - how they claimed to be collecting a debt on her company's behalf, how I politely asked for verification, as I honest to god did not recognize the debt, and how abusive the dude was. The woman on the phone was an extremely pleasant, older sounding, southern gal. She was sympathetic and pretty appalled by what I told her. She told me she was going to escalate the situation, because she thought it was pretty bad business for her company that these people were behaving in such a manner. Lastly, I sent a letter to the debt collecting company, the main company, and CCed it to (I forget the Fed division) the Federal division that oversees these violations. I never heard from them again. I hope that raging douche got his rear end fired and defaulted on his own bills. He was such a scumbag, I can't even describe it. I'm an upstanding citizen, I pay my bills, I just unfortunately made bad decisions as a kid. I straightened it out and resolved most of them, instead of just waiting out the time periods. I did not deserve to be treated that way, nor does anyone else. Bookish posted:In Michigan, getting installment payments through the court where you got your judgment would stop a wage garnishment. (As long as you make your payments) This is true. I've done some collection work (not the kind described here, ugh). I've done it in the context of uninsured motorists causing accidents, then getting sued by the insurance company for damages pursuant to the laws in this state (mandatory insurance, yada yada). Anyway, yes - even if you have a default here, there are forms you can fill out (all available online for free) to enter into an installment agreement. Depending on your finances and bills, the Judge may or may not decide that your offer is enough (assuming the attorney/company disputes the amount you want to pay). I only encountered one time when the Judge rejected the defendant's offer, but that's because they were literally trying to pay like $20 per month on a debt over $15,000. The Judge decided that around $100 or so was more appropriate. Most times, though, as long as the offer was reasonable, I didn't fight them on it. I usually tried to get $75.00 or more per month, but occasionally would agree to 50 depending on the circumstances. Know this, though. In this state, the second you default on that agreement, they can come after you without going back to Court. I've been forced to do it before - it sucks, but man...stop trying to avoid me for gently caress's sake! I'm not a scumbag, I swear, lol. We are talking, in these cases, about people who did not get their mandatory insurance, then CAUSED an accident, and subsequently caused a ton of damage both to persons and property. Mind you, the minimum amounts for insurance can be cheap here, so long as you don't have a retardedly long history of causing accidents. Fake edit: Jesus christ, this got long. Sorry. 
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Apr 19, 2010 19:29
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Really great thread, totally helpful. If I could lay my story on you guys and get some advice that would be great. I had a private student loan with Citibank in 2002 for 10K. I made some payments for awhile, and then just stopped. My father was the cosigner, and we had a falling out due to him being a scumbag (he forged my signature on the application, he also set up direct debits for his car insurance on my bank account without telling me, amongst other transgressions) and we haven't spoken since 2005ish. In December i received a dunning letter from Sunrise Credit Services in NY. I live in NH (have for the last 5 years or so). I sent them a DV, and they sent me some paperwork which said that the debt had been transferred from Citibank to Arrowwood Indemnity Company/Tuitiongard. I remember that I may have made a payment or three to Arrowwood at some point. I just assumed it was part of my regular student loans (I'm completely current with my federal student loan payments). The Tuitiongard Claims report says the date of delinquency is 5/26/2007. They also attached the CitiAssist Online Application with my father's signature and his forgery of my signature (which look exactly the same). Now on 4/7 I've received a letter from a MA attorney stating they represent Arrowwood/Tuitiongard and I have to pay them. What is my next step? Another DV to them?
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Apr 20, 2010 00:16
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I just received a Dunning letter from a collection agency regarding a debt from 1997. Since it's way past the SOL in PA (4 years) and has long since fallen off my credit report, what's my best course of action? Should I ignore it? If I settle for, say, 20%, would it go back on my credit report?
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Apr 20, 2010 17:55
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Offrampmotel posted:I just received a Dunning letter from a collection agency regarding a debt from 1997. Since it's way past the SOL in PA (4 years) and has long since fallen off my credit report, what's my best course of action? Should I ignore it? If I settle for, say, 20%, would it go back on my credit report? If it's past SOL they are SOL, it's an absolute defense. You are allowed to walk into court and simply say, "It's outside of the SOL" and it's up to them to prove you are wrong. Don't pay ANYTHING as this will reset the loving SOL clock.
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Apr 20, 2010 18:00
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Regarding an old debt from a medical bill from 2008, the total amount of the debt is $1,286. What is a fair amount to offer to settle with a pay-to-delete?
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Apr 20, 2010 19:09
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LorneReams posted:If it's past SOL they are SOL, it's an absolute defense. You are allowed to walk into court and simply say, "It's outside of the SOL" and it's up to them to prove you are wrong. Don't pay ANYTHING as this will reset the loving SOL clock. This - do not pay on it. Be careful if they take you to Court over it. If they aren't idiots, they won't (because I'm pretty sure that could give rise to a countersuit against them). If they do sue, PLEASE make sure you file an answer and assert the statute of limitations as a defense, and show up to Court. It probably wouldn't be a bad idea to requests costs and fees associated with defending the suit, as that, by its very nature, would be a frivolous suit. I see ZERO reason why you should settle this.
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Apr 20, 2010 19:09
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Also, CubsWoo thank you so much for this thread. Your advice has been incredibly helpful and I'm am grateful to have you for advice! Last question for now: I sent a request for debt validation regarding a debt and never heard anything back. Do you have a form letter you use to tell a debt collector to drop everything and f-off? Thanks again!!
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Apr 20, 2010 19:10
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Wide Area Network posted:Regarding an old debt from a medical bill from 2008, the total amount of the debt is $1,286. What is a fair amount to offer to settle with a pay-to-delete? In my experience, you want to lowball on the first offer. Offering like 400-500 for the first offer isn't unreasonable. You might have a fair shot at settling it in full for about half of what you owe. That said, all companies are different, and for some of them, they will want more because the debt is still so new and they can still sue you for the balance.
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Apr 20, 2010 19:11
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Wide Area Network posted:Also, CubsWoo thank you so much for this thread. Your advice has been incredibly helpful and I'm am grateful to have you for advice! See my earlier post to Chexsystems about my Bank Of America account. Just send THAT to the credit reporting agency, and then document anything the debt collector does. Record phone calls, etc. Then bust 'em for violations after they keep coming after you, if you want to.
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Apr 21, 2010 19:27
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Gonna try to answer a few of these at once. If I've forgotten you, let me know! I'd respond via PM but I never did end up buying Plat.Wyld Cannon posted:Really great thread, totally helpful. If I could lay my story on you guys and get some advice that would be great. Private student loans can be tricky. With the co-signing, you're both responsible for the debt, though if your name was forged you may have an option (but one that may involve pressing charges on your father; I can't say if that's a good idea or not.) Send them a DV and see what exactly they have. If it's for that much they may be interested in taking you to court, so you may also want to take this situation to a local consumer/debt lawyer. Offrampmotel posted:I just received a Dunning letter from a collection agency regarding a debt from 1997. Since it's way past the SOL in PA (4 years) and has long since fallen off my credit report, what's my best course of action? Should I ignore it? If I settle for, say, 20%, would it go back on my credit report? Don't pay. Tell them to gently caress off, use those words if necessary. Honestly you can ignore the letter and not respond for something like this - they're very unlikely to take you to court. Be sure to watch your credit report, though, to see if they try to sneak it back on (and then you sue them and walk away with a few grand.) Wide Area Network posted:Regarding an old debt from a medical bill from 2008, the total amount of the debt is $1,286. What is a fair amount to offer to settle with a pay-to-delete? I usually start around 10-20% and move forward from there. As always, make sure they're properly verifying the debt before you offer any settlement. Wide Area Network posted:I sent a request for debt validation regarding a debt and never heard anything back. Do you have a form letter you use to tell a debt collector to drop everything and f-off? Follow what Pagan said. Good luck!
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Apr 21, 2010 19:55
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Missed this one:NancyPants posted:In Iowa, according to the website posted earlier, they can't reset a date without written agreement to pay which I have no intention of doing because these people won't be civil and contact me by mail. Find some free legal help. Go to https://www.consumerlaw.org and find a local firm/lawyer who can help, because you may be able to - at the very least - get the garnishment to stop. Talk with their legal firm/CapOne and see if you can agree to make payments instead of a garnishment (they will probably refuse, but ask!) Attempt to get the judgment vacated - it's a long shot, but it may be possible since it's a default. At this point, they've got you in a bad situation, but you may be able to get out of it. Please keep us informed on how it goes.
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Apr 21, 2010 20:03
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Quote isn't edit.
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Apr 21, 2010 20:04
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CubsWoo posted: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.) So I got my return receipt today from the letter I sent the collection agency. I'm going to wait until the end of next week before contacting the credit bureaus. Do you have a sample letter of what I should be sending the three credit bureaus?
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Apr 21, 2010 20:56
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Iron Squid posted:So I got my return receipt today from the letter I sent the collection agency. I'm going to wait until the end of next week before contacting the credit bureaus. Do you have a sample letter of what I should be sending the three credit bureaus? There's a good number of form letters on http://www.creditinfocenter.com/forms/ - pick one and modify it to whatever you need. But skip the personal drama "THIS IS RUINING MY LIFE" poo poo because it doesn't make a difference to the bureau if your credit score means you can't get that new BMW or whatever.
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Apr 21, 2010 21:25
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CubsWoo posted:Missed this one: My first step will be to contact the court where the suit was filed, see if I can't work out a payment plan with the court. If that doesn't work, I guess I'll have to lawyer up. Do you know what options I have to get them to send me some sort of documentation about this garnishment and some record of what I've paid them? I'm not talking to this firm except through a lawyer, I don't think. When they first sued me and got the judgment, I called them and spoke with someone who sounded nice on the phone who said she'd send paperwork for me about the payment plan we supposedly worked out on the phone. Big surprise nothing showed up. I understand the concept of pay for delete. Obviously a company who's won a judgment against you has no incentive to do that, but what incentive does any other creditor really have to agree to it?
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Apr 22, 2010 07:02
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NancyPants posted:what incentive does any other creditor really have to agree to it? My understanding is the creditor probably bought that credit for pennies on the dollar, and thus will be making a profit off you even if you don't pay the full amount. Many people fight their debt, or blow it off, and that increases the cost of recouping it. If you offer to pay a significant portion of it, they don't have to hunt you down, and they make a quick buck. It's sort of a you scratch their back they scratch yours scenario.
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Apr 22, 2010 07:12
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NancyPants posted:My first step will be to contact the court where the suit was filed, see if I can't work out a payment plan with the court. If that doesn't work, I guess I'll have to lawyer up. You should be able to just ask them, or if it goes that far, have the court order that a record of your payments be provided. Shouldn't be too difficult to get - you may be able to get it with a phone call. Talk to the courthouse as well, there may be information in your case file about it. quote:I understand the concept of pay for delete. Obviously a company who's won a judgment against you has no incentive to do that, but what incentive does any other creditor really have to agree to it? Even after a judgment, they may not be getting much per-week depending on your paycheck. Offering a lump sum may get them to use it to satisfy the judgment, since they then have the money now - sort of like a lotto winner taking the lump sum over the annuity payments. You probably won't be able to get the judgment deleted, but you can get them to stop taking money from your check. If you can do this, of course, make sure everything is in writing and you'll probably want to OK it with the court, too.
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Apr 22, 2010 15:29
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My wife had been getting calls from debt collectors and they stopped for awhile like they do, but then new set of calls started from this freight company ( that actually turned out to be a legitiment freight company ) We looked up the number and an attorney popped up  . Everything turned out fine, but i was curious if debt collector companies can legally call you and say along the lines "We have a package for So and So can you call back to confirm delivery" and start a dialogue up a false identity.
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Apr 22, 2010 17:31
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leisure no capi posted:My wife had been getting calls from debt collectors and they stopped for awhile like they do, but then new set of calls started from this freight company ( that actually turned out to be a legitiment freight company ) We looked up the number and an attorney popped up I'm no expert, but I remember reading somewhere that debt collectors have to disclose who they are under the FDCPA. I'm sure someone will chime in with a better answer though.
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Apr 22, 2010 17:48
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leisure no capi posted:My wife had been getting calls from debt collectors and they stopped for awhile like they do, but then new set of calls started from this freight company ( that actually turned out to be a legitiment freight company ) We looked up the number and an attorney popped up A debt collector has to disclose that whatever communication they're doing is for the purpose of collecting a debt. If they're trying to collect but not disclosing, that's a violation. What may not be a violation is if the law office is trying to deliver a summons - that's what I'm guessing it's about. Try to do research on that legal firm and see if that's what they're doing - they may also be using skip tracers to try and find you if you've moved recently or changed phone numbers.
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Apr 22, 2010 18:10
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When I dispute my debt with the three credit agencies, what exactly happens? Do they remove the debt for a period of time while they investigate or does it stay on there until its proven (in)valid? Also is there any way I can regularly look up my credit score / report without having any negative effects on my score for a not insane amount of money?
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Apr 22, 2010 18:31
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Iron Squid posted:When I dispute my debt with the three credit agencies, what exactly happens? Do they remove the debt for a period of time while they investigate or does it stay on there until its proven (in)valid? When I was trying to clean up my credit, I did subscribe to a service (I think it was Transunion's service), which allowed me to look up reports from all three agencies. It cost me about 10 bucks a month. If you are trying to clean up a hot mess, it's really not a bad idea to invest in one of these, as it allows you to track progress, organize yourself, and get regular updates on your credit score. You do NOT get negative marks on your credit report for looking it up. My transunion account allowed me to see every time they had been pulled, but the only times it gets noted on the report as a "negative" is when you are applying for credit, I believe. You don't get black marks when your existing creditors do periodic credit checks, either. There are a lot of "hidden" credit checks you can see when you have an account like that, but those aren't actually part of your report at all. Don't worry - you won't lower your credit score by pulling your own reports. When I disputed a few debts, the credit agencies gave the creditors like 30 days to validate/dispute my dispute. I believe they simply send a notification to the creditor and give them time to rebut. The bureau doesn't do much in the way of investigating - they leave that to the creditor. If they did nothing, or did not validate properly, they got erased from my report. One of them allegedly did validate, but I did not receive any documentation on how they did this. I simply got a note from the agency saying the debt was valid. You can look up your credit reports once per year for free under Federal law. Annualcreditreport.com is the site, I believe. You will not get charged, you do not have to sign up for a monthly service, and you can look up the report from all three bureaus. Note that these sites, and the reports themselves, do not have a credit score attached. You can only get those by signing up for a pay service, to my knowledge (someone please correct if you know a free way to get a credit score).
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Apr 22, 2010 18:49
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