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Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


Some possible good news. One of my DV letters came back today returned to sender. The mailman said these people haven't been at the address for at least a year, as the forwarding address had expired as well.

Is this a golden ticket to dispute this one with Experian as they don't have the proper address and won't be able to verify it?

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DarkHorse
Dec 13, 2006

Vroom Vroom, BEEP BEEP!
Nap Ghost

bear is driving! posted:

I'm thinking that I respond with a letter giving the last four of my social and explaining to them that if they have enough info to report to experian then they don't need anything else.
Do you even need to give the last four digits of your social? I would think anyone with a legitimate issue would have that info or could get it, while anyone else could just be trying to have one more piece of information to use against you.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
One other thing I'd like some advice on..

Back in 2007 I got transferred out of state and had to break my lease. My employer agreed to pay to break the lease, and then went bankrupt and never paid them. About a year ago I got a letter that they had referred it to one of those scummy law firm CRAs. It's about $1800. I haven't heard a word sense then.

What should I do? I think I should be proactive about this.. I don't want it to show up on my credit report all of a sudden. I have a feeling they wouldn't try and legally serve me as I've moved about 6 times since then across several states.

Would a default judgment actually help if I can show that there is no way they served me and then counter sue them and settle for the debt amount?

Should I send them a letter offering to settle with a NDA/Non-report clause?

Auracounts
Sep 21, 2006

Jealous Cow posted:

One other thing I'd like some advice on..

Back in 2007 I got transferred out of state and had to break my lease. My employer agreed to pay to break the lease, and then went bankrupt and never paid them. About a year ago I got a letter that they had referred it to one of those scummy law firm CRAs. It's about $1800. I haven't heard a word sense then.

What should I do? I think I should be proactive about this.. I don't want it to show up on my credit report all of a sudden. I have a feeling they wouldn't try and legally serve me as I've moved about 6 times since then across several states.

Would a default judgment actually help if I can show that there is no way they served me and then counter sue them and settle for the debt amount?

Should I send them a letter offering to settle with a NDA/Non-report clause?

A default judgment would not help you and here's why. When you get sued, if they cannot personally serve you, then usually they will resort to some fashion of certified mail to your last known address (LKA). If that doesn't work, they can petition the Court to allow "alternate service," which usually involves regular mail to the LKA, publishing in the county newspapers, or sometimes even posting of the pleadings in the courthouse where it is filed. Most of this will occur pursuant to a Court order.

In other words, even if they can't find you, they can do numerous things to satisfy the Court's desire to actually get you served. If they can prove that they have made diligent attempts to do so, the Court will consider you served and eventually allow the default when you don't answer. Even though it's not personal service, it is legally satisfactory.

Every state is different on the length of time they allow a person to dispute a default or petition to set aside a judgment, but none of that will stop the proceedings and magically erase them. Even if you did get the judgment set aside, all it would basically do it "reset" the proceedings such that they will p;roceed as though you answered in the first place.

Jealous Cow
Apr 4, 2002

by Fluffdaddy

Auracounts posted:

A default judgment would not help you and here's why. When you get sued, if they cannot personally serve you, then usually they will resort to some fashion of certified mail to your last known address (LKA). If that doesn't work, they can petition the Court to allow "alternate service," which usually involves regular mail to the LKA, publishing in the county newspapers, or sometimes even posting of the pleadings in the courthouse where it is filed. Most of this will occur pursuant to a Court order.

In other words, even if they can't find you, they can do numerous things to satisfy the Court's desire to actually get you served. If they can prove that they have made diligent attempts to do so, the Court will consider you served and eventually allow the default when you don't answer. Even though it's not personal service, it is legally satisfactory.

Every state is different on the length of time they allow a person to dispute a default or petition to set aside a judgment, but none of that will stop the proceedings and magically erase them. Even if you did get the judgment set aside, all it would basically do it "reset" the proceedings such that they will p;roceed as though you answered in the first place.

Well now I'm worried that I wouldn't get served and this would happen. I guess I should probably open a dialog with them.

Auracounts
Sep 21, 2006

Jealous Cow posted:

Well now I'm worried that I wouldn't get served and this would happen. I guess I should probably open a dialog with them.


Well, you can always check the courts to see if you've been sued. Many courts have their dockets online now, so if you're worried, check to see if the district court where you used to live has any type of online system. They would more than likely sue you in the county/city/locality where you lived when the debt accrued.

Jealous Cow
Apr 4, 2002

by Fluffdaddy

Auracounts posted:

Well, you can always check the courts to see if you've been sued. Many courts have their dockets online now, so if you're worried, check to see if the district court where you used to live has any type of online system. They would more than likely sue you in the county/city/locality where you lived when the debt accrued.

Yea I check it once a month or so. Nothing shows up with my last name.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

Pagan posted:

I think your first instinct is correct, reply with something like : "The only information I have is the information on my Experian credit report, which I have already provided. You have 30 days from the original letter to validate this debt, or you will be in violation of the FCRA. I will seek all legal remedies for your failure to comply."

I called and spoke with the woman who wrote the response letter. I gave her my social to try to get moving forward, and she responded that the $768 being reported to the credit bureau's was incorrect, and that the value was in he $3,000 rage with accrued interest and fee's. How the hell do I combat this? What would the next step be? I'm writing them another letter that basically says "Validate or I'll sue via FCRA violation", but what else can I do? Is there any recourse to the fact that they are reporting one number to the bureaus and telling me to pay them another? Just to clarify, this is an OC and not a collector.

Manxome Foe fucked around with this message at 14:46 on May 10, 2010

Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


In my admittedly limited knowledge, to me it sounds like you might want to just go straight to court. Maybe send an intent to sue and see if they settle, I bet they will because it seems like their claims are ludicrous and wouldn't stand up in court anyway.




quote:

Some possible good news. One of my DV letters came back today returned to sender. The mailman said these people haven't been at the address for at least a year, as the forwarding address had expired as well.

Is this a golden ticket to dispute this one with Experian as they don't have the proper address and won't be able to verify it?

Any opinions on this?

Pagan
Jun 4, 2003

bear is driving! posted:

I called and spoke with the woman who wrote the response letter. I gave her my social to try to get moving forward, and she responded that the $768 being reported to the credit bureau's was incorrect, and that the value was in he $3,000 rage with accrued interest and fee's. How the hell do I combat this? What would the next step be? I'm writing them another letter that basically says "Validate or I'll sue via FCRA violation", but what else can I do? Is there any recourse to the fact that they are reporting one number to the bureaus and telling me to pay them another? Just to clarify, this is an OC and not a collector.

Ghostnuke posted:

In my admittedly limited knowledge, to me it sounds like you might want to just go straight to court. Maybe send an intent to sue and see if they settle, I bet they will because it seems like their claims are ludicrous and wouldn't stand up in court anyway.

I agree on this. It sounds like BS, and court seems the best way to handle it. You might not even have to go that far; a strongly worded letter and a copy of the complaint you're going to file goes REAL far towards getting someones attention.


Ghostnuke posted:

Any opinions on this?

Yep. I wouldn't even mention the fact that it got returned, just tell Experian that they failed to reply within 30 days. Experian should take it off. If the company does something after the fact, that's a violation of their duty to report accurate information. Listing the wrong address isn't accurate info.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

Pagan posted:

I agree on this. It sounds like BS, and court seems the best way to handle it. You might not even have to go that far; a strongly worded letter and a copy of the complaint you're going to file goes REAL far towards getting someones attention.

I sent them a reply letter that states that they have 30 days from the date of the original letter to validate or I'll file suit for violation of FCRA. She claimed that they needed to verify my identity so they needed my social or signature. When I gave her my social she then started talking about how I owed them $3,000 some odd dollars after interest and fees, that's when I hung up on her.

The letter is pretty strongly worded, and I threw in a mention at the end of

"I attempted to resolve this matter amicably with a financial settlement. Your firm was less than amicable, and I would be happy to settle with litigation if need be.
Alternatively, you could have the tradeline immediately deleted from any and all credit reporting agencies and avoid a lengthy legal battle all together. I look forward to having this mater settled immediately and I look forward to your swift response."

I just got back from the Post Office, so the letter is sent CMRRR. Fingers crossed.

LorneReams
Jun 27, 2003
I'm bizarre

bear is driving! posted:

I sent them a reply letter that states that they have 30 days from the date of the original letter to validate or I'll file suit for violation of FCRA. She claimed that they needed to verify my identity so they needed my social or signature.

Just a word of advice, NEVER give out your social to ANYONE over the phone. If they are unable to verify with you without a social, then they can't verify period.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

LorneReams posted:

Just a word of advice, NEVER give out your social to ANYONE over the phone. If they are unable to verify with you without a social, then they can't verify period.

Too late. I'll see where it goes from here, I doubt the call was recorded so they'd have a hard time proving I gave it verbally if they need to.

LorneReams
Jun 27, 2003
I'm bizarre

bear is driving! posted:

Too late. I'll see where it goes from here, I doubt the call was recorded so they'd have a hard time proving I gave it verbally if they need to.

Yeah, but now they can say they always had it. This is more for the future, but you want them to verify with you, not you verify with them. Just one peice of incorrect data could have a debt rendered uncollectible.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

LorneReams posted:

Yeah, but now they can say they always had it. This is more for the future, but you want them to verify with you, not you verify with them. Just one peice of incorrect data could have a debt rendered uncollectible.

Good point. They can't attempt to collect on it since it's now time-barred for collection, but I still have two years before it falls off my credit report. I attempted to settle with them for a fraction of the $786 and a charge-off that shows up on my credit report, but then she tells me it's actually $3,000 something, so I'll threaten a suit and see what happens.

Manic Mailman
Jul 2, 2004
So my sister has a balance due of about $4000 from her last semester of college.

She tried to go pay it off but the College refused as it had been sent to collections. When she got in touch with collections they said she owed about $5700 and explained that is was due to late fees and the cost of the college sending her to collections. I know this might be a different animal than a credit card but I had her send a DV letter anyways. She's all for paying the 4k she owes but is opposed to paying for this sort of accumulation. Anyone have any experience with this?

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU
I'm cribbing some of this from another site, and I'll eventually edit this into the OP - but for some of you who are receiving a summons, I hope it helps:

What to do if you're being sued

If you're being sued for a debt, it's likely in Small Claims. If the amount is over $10000 in most states, you'll probably be in Federal court and the rules are different, but this guide is going to cover Small Claims for the most part - some of this info will work but everything in Federal is a lot more by the book.

Debt lawsuits typically go like this:

1. Debt collector decides to file lawsuit in your home county.
2. You are sent a summons by the process server (sometimes the sheriff, sometimes a server from their firm.) This summons will have a return court date, the Complaint, and usually the evidence the Plaintiff filed along with the suit. The less they have with the Complaint, the better it is for you.

***If they cannot serve you, they cannot proceed with the suit. You cannot actively attempt to hide from the server, but if they have an incorrect address, they must find you to serve you. In some jurisdictions, they are allowed to proceed if they do a 'nail and mail' (post the summons at your last known address and mail a copy to that address if they have reasonable suspicion that you live there but are ducking the server) or posting the summons and complaint in a local newspaper. However, this is rare, especially in Small Claims. If they continue with the suit without a proper Summons, any judgment can be vacated on that grounds and may open the creditor up for a countersuit.***

3. The return date, where the Defendant appears before the court and either agrees or disagrees with the suit. If he agrees, a judgment is entered and payment is set up. If he does not, he files an Answer to the Plaintiff's Complaint. This Answer should deny the claims in the Plaintiff's Complaint (except those of absolute fact - name, address, etc) and put forth Affirmative Defenses showing why the Plaintiff is wrong. More on that later. Some courts have weird rules about Answers - some file an automatic full denial as your answer if you deny the debt, others require a full written answer prior to the return date - check your local court's/State Rules of Civil Procedure(RCP). The judge will set either a Status or Trial date, depending on your Answer.

IF YOU DO NOT SHOW UP FOR A COURT DATE, THE PLAINTIFF WILL MOVE FOR A DEFAULT JUDGMENT AGAINST YOU AND WIN, EVEN IF THEY HAVE NO EVIDENCE. NEVER MISS A COURT DATE. WORK AND SCHOOL ARE NOT AS IMPORTANT AS COURT, AND THE COURT DOES NOT CARE OUTSIDE OF MAJOR MEDICAL EMERGENCIES WHY YOU WERE NOT THERE. GO TO COURT.

And no, if the Plaintiff does not show, the judge will likely not find in favor of you immediately. It sucks. Small Claims is an old boy's club in a lot of ways.

4. The Discovery phase (not in all Small Claims courts, including my state, so I'm skipping this. You can find good guides on Discovery elsewhere.)

5. The Trial. Often you will never reach this step.

How to answer the Complaint


- Get a copy of your state's RCP and read it a few hundred times. This will show you how to file motions, timeframes, what discovery(if any) is allowed, and so on.

- Begin to formulate your answer and counterclaims (if any.) Your state's RCP will tell you how long you have to file the Answer, but most states allow you to Answer in person at the first status date. Answers work under the principle of estoppel - you have to affirm your defenses now, or lose the right to use them later.

Your answer has 5 parts: Caption, Answer to the Plaintiff, Affirmative Defenses, Counterclaims (if any), and a prayer for relief.

The Caption is the very top of the Complaint, which has the names of the principals, case number, all that stuff. Copy what's on the Complaint - OpenOffice and MS Word have legal document wizards that can help.

The Answer begins with "Comes now, <Goon> in answer to Plaintiff <Creditor>'s Complaint. Their Complaint will have numbered allegations - deny all of them. The only exception are items containing personal info that is absolutely true. I usually just boilerplate this part:

quote:

Defendant is without information or knowledge sufficiant to form an opinion as to the truth or accuracy of the allegations contained in paragraphs x-y and z of the Complaint, and based on that denies generally and specifically each and every allegation contained therein.


- After that, you want to start your Affirmative Defenses. List as many as possible, but don't just dump a fuckload of them out there for no reason - this pisses off judges and will make them think you're a joke. Only use defenses that are reasonable to assert, it'll streamline your answer and make things easier. Typical Affirmative Defenses include:

quote:

1. Plaintiff's cause of action and complaint is time-barred by the applicable Statute of Limitations.
Quote the statute for your state here. Only use this defense if you know (or are fairly sure) the debt is time-barred in your state. Check your state law/statute of frauds to see what the window is on your debt. Also see if things like moving or filing bankruptcy change your SOL time frame.

quote:

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint was not in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for the debt, default, or miscarriage of another person.

3. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

4. Plaintiff's Complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence Rule.

5. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called "FDCPA", from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

2-5 are for non-Original Creditors. Use these when they've sued without attaching a credit card agreement, or one that does not have your signature on it (they love sending generic agreements - these mean nothing in court and you have to challenge them.) You're claiming they're suing without standing, since they didn't provide that information.

quote:

6.Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

7. Plaintiff's complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8.Plaintiff is not an Assignee for the purported agreement and no evidence appears on the record to support any related assumptions.

9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.

Use these against Junk Debt Buyers - it boils down to "How the gently caress do I know you actually own this debt? I didn't enter into any agreements with you." This asks them for sales agreements, chain of custody, and so on.

quote:

10. Plaintiff's Complaint, and each cause of action therein; is barred by the Doctrine of Estoppel, specifically Estoppel in Pais and Estoppel by Silence.

Use this if you sent a validation letter and they never sent anything back.

quote:

11. Plaintiff's actions are precluded, as Plaintiff's demands for interest are usurious and violate state and federal laws.

Use this if you believe they're adding on fees beyond what the state allows. With this you can counterclaim usurious interest in some states and under the FDCPA can countersue for triple what they're asking.

quote:

12.The Plaintiff is not a collection agency licensed or authorized to conduct a collection agency business in this state in accordance with <YOUR STATE STATUTE>.

13. The plaintiff is not authorized or licensed to collect claims for others in this state, solicit the right to collect or receive payment of a claim of another.

14. Plaintiff is not authorized or licensed to advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.

15. The Complaint fails to allege or prove that Plaintiff is licensed and has procured a bond as required by law.

These force the collector to show they're licensed to collect in the state (or to show that in your state, that's not a requirement.) Pretty weak defense, though.

quote:

16. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

This (usually) lets you amend your Answer with more defenses later.

Next come Counterclaims - I don't usually do these in an Answer, so I'm skipping them. If you want to know about counterclaims ask and I can put it in another post.

Finally, you have your Prayer for Relief. It should just be this:

quote:

WHEREFORE, the Defendant requests that the Plaintiff's action be dismissed with prejudice.

<Goon>, Pro Se
<Your Address>

Sign and date it at the bottom. I'll discuss motions in another post as well, but this is a good start for anyone needing to file an Answer in the near future.

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Manic Mailman posted:

So my sister has a balance due of about $4000 from her last semester of college.

She tried to go pay it off but the College refused as it had been sent to collections. When she got in touch with collections they said she owed about $5700 and explained that is was due to late fees and the cost of the college sending her to collections. I know this might be a different animal than a credit card but I had her send a DV letter anyways. She's all for paying the 4k she owes but is opposed to paying for this sort of accumulation. Anyone have any experience with this?

Check the state's laws regarding interest on unsecured debt, every state has a maximum. Collectors are usually allowed to add reasonable fees on top of a debt as a cost of doing business but it's something you can attack later if they sue. The DV letter is a good start, and make sure she gets a full accounting of the accumulation of the debt.

LorneReams
Jun 27, 2003
I'm bizarre
Bullshit rant start:

I love how in small claims if you as a defendant miss the court date, you will get a default jusdgement that is nearly impossible to overturn, yet if you sue and get a default judgement, all it sometimes takes is a letter from the companys' lawyer to have it overturned.

Bullshit rant end.

Old boy club indeed.

Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


Got another DV letter back yesterday. They provided some evidence of the debt, but as expected the debtor is not me.

Should I even try to send evidence that they're wrong? Or should I get the paperwork needed to file suit, fill it out and send them a copy with a letter that says "take this off my report by XXX or I will file this"?

Pagan
Jun 4, 2003

LorneReams posted:

Bullshit rant start:

I love how in small claims if you as a defendant miss the court date, you will get a default jusdgement that is nearly impossible to overturn, yet if you sue and get a default judgement, all it sometimes takes is a letter from the companys' lawyer to have it overturned.

Bullshit rant end.

Old boy club indeed.

It works both ways. The problem with small claims is that either party (but in practicality only the loser) can appeal for a Trial De Novo. Every state is different, but the general rule is that the only requirement is you must file the appeal within a short time; 10 days in Texas, 30 in Louisiana, etc. Most states also require a bond.

It basically starts the whole trial process anew, completely annulling the small claims case once it moves up to superior Court. That's why, if you're going to sue a CA, I recommend suing in Superior Court in the first place. OTOH, it's worth the appeal if you lose against a CA in small claims.

Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


Ok new question (gently caress I'm posting a lot in this thread).

In the paperwork for my local small claims court, I have to list my claims against the defendant. If I were to file a claim against this creditor trying to collect a debt that isn't mine, what can I claim?

I printed out the FDCPA and looked over it but nothing stuck out as a big violation. Basically I just want them to take it off of my report. What should I put on the form as the grievance?

Bookish
Sep 7, 2006

80% sexy 20% disgusting
In Michigan you wouldn't file an answer to a small claims suit. You can file one if you really want to but it's really not necessary. Credit card debt and things like that are filed in civil court, where you would file an answer. If you are served with a civil complaint you have 21 days to file an answer and if you don't then the plaintiff can get a default judgment.
I just wanted to let people know that things are very different depending on what state you're in. One of the easiest ways to find out what to do is to call your courthouse and ask the civil clerk.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!
Can someone point me to where I can find info on laws regarding allowable interest on secured debt?

In my situation, a vehicle was repoed years ago, now shows a charge-off on my credit with a balance still owed of $786. I call to confirm and they tell me it's actually in excess of $3,000 due to interest and fees. I'd like to know legally just how much they can tack on in the state of Florida.

quepasa18
Oct 13, 2005

Bookish posted:

In Michigan you wouldn't file an answer to a small claims suit. You can file one if you really want to but it's really not necessary. Credit card debt and things like that are filed in civil court, where you would file an answer. If you are served with a civil complaint you have 21 days to file an answer and if you don't then the plaintiff can get a default judgment.
I just wanted to let people know that things are very different depending on what state you're in. One of the easiest ways to find out what to do is to call your courthouse and ask the civil clerk.

It can even vary from county to county within a state. In some counties you don't file a written answer but just appear at a scheduled hearing. In others you have to file an answer. And inn others you can do one or the other. So as stated above, you really do need to call the courthouse to determine the correct procedure. Do the wrong thing, and a default judgment can be entered against you.

Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


bear is driving! posted:

Can someone point me to where I can find info on laws regarding allowable interest on secured debt?

In my situation, a vehicle was repoed years ago, now shows a charge-off on my credit with a balance still owed of $786. I call to confirm and they tell me it's actually in excess of $3,000 due to interest and fees. I'd like to know legally just how much they can tack on in the state of Florida.

I imagine they can tack on whatever they feel like. Whether or not that amount would hold up under scrutiny is a different story. But most people wouldn't even question it, so there you go.

Auracounts
Sep 21, 2006

quepasa18 posted:

It can even vary from county to county within a state. In some counties you don't file a written answer but just appear at a scheduled hearing. In others you have to file an answer. And inn others you can do one or the other. So as stated above, you really do need to call the courthouse to determine the correct procedure. Do the wrong thing, and a default judgment can be entered against you.


Actually, for those with internet access, the best thing to do is look up your state's court rules online (which will also encompass any local county rules). Many states have legal forms online, and some even have a pro se guide explaining what to file and when (in case you can't understand the court rules).

Court clerks often don't have the time to explain procedure to you and some of them won't do it anyway, under the guise that it's offering legal advice (it really depends on the clerk).

threeskin
Jan 2, 2006
One skin, Two skin
Ok, I sent out 6 Validation letters at the end of last month. I just checked my Experian report and all but 1 items are off my credit report. Does this mean that the debt collectors had the entries removed themselves or is it just something they do while they're collecting information to validate?

Ghostnuke
Sep 21, 2005

Throw this in a pot, add some broth, a potato? Baby you got a stew going!


My pay for delete attempt got rejected. I guess it's on to plan B - Kiss my rear end and also I'm not paying you at all.

I offered them $20 on an $85 debt. It's been floating around for about a year and a half so only another year and a half until the SoL expires. Not that they'd ever sue me over it anyway, it would cost them $85 just to file the suit.

Am I correct in assuming that such a small debt that is a few years old will have a negligible effect on my score?

LorneReams
Jun 27, 2003
I'm bizarre

Ghostnuke posted:

My pay for delete attempt got rejected. I guess it's on to plan B - Kiss my rear end and also I'm not paying you at all.

I offered them $20 on an $85 debt. It's been floating around for about a year and a half so only another year and a half until the SoL expires. Not that they'd ever sue me over it anyway, it would cost them $85 just to file the suit.

Am I correct in assuming that such a small debt that is a few years old will have a negligible effect on my score?

Has the exact same effect to your score as a $80,000 debt that is 30/60/90/120/150/180 days late.

The difference would come when you need to take out a large loan (say for a house or a car). An 80K debt they would want you to clear first, an $85 one they just may let slide.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!
So the bank that is reporting that I owe them $786 but in writing told me that owe them $3,800 sent me another letter with "proof", a typed out list of fees and interest. They didn't send me any documents with my signature on them that I demanded to prove that I owe them anything, it's funny.

I have my Intent to Sue typed up and will send it off on Monday. They've already violated the FCRA and FDCPA multiple times. I'm interested to see what their rebuttal will be to the fact that I have proof.

Here is my letter, tell me if I need to change anything:

"Per the FCRA and FDCPA, it is not my legal responsibility to prove to you that I owe you an alleged debt; it is your organizations responsibility to prove to me that I owe you an alleged debt. Your organization failed to provide any of the documentation demanded by my previous letter, including copies of any and all signed agreements to prove that this alleged debt is truly mine. Your firm also failed to show proper accounting of the alleged debt, the itemized list you provided would hardly stand up to legal scrutiny.
At this time, I, bear is driving!, do not accept the settlement offer of TIB Bank for $2,857.00 for the alleged debt that TIB Bank has completely failed to prove that I owe.
Your organization, TIB Bank, has violated the FCRA and the FDCPA numerous times. I am preparing to file suit against your organization, and to seek and obtain legal satisfaction for violation of Sections 616(a) and 617(a) of the Fair Credit Reporting Act and Sections 807(2), 807(8), 808(1), 809(a)(5), 809(b), and 812(a) of the Fair Debt Collection Practices Act.
In the interest of settling this matter amicably, I would be willing to settle this matter out of court for the total amount of the alleged debt on TIB Account number XXXXXXXXXXX, which may be applied directly to the alleged debt. Consistent with my dispute, I would also require that you remove any information related to this matter from any data collector, data furnisher, or credit reporting agencies you may have provided it to."

Manxome Foe fucked around with this message at 03:53 on May 15, 2010

Offrampmotel
Mar 18, 2006
Guitar God

bear is driving! posted:

:words:
Just make sure the FDCPA applies to original creditors in your state.

Rubber Johnny
Apr 18, 2007

When I was a child if someone brandished a shrink gun he'd get a little bit of respect!
I sent out a PFD letter 30 days ago to a collector for an old Chase bank account that overdrafted to the tune of 200 something dollars back in 2005. In the letter I included this line:

"You may consider this letter a request for verification of this alleged debt as per FCRA Section 611(a)(7)."

I sent CMRR and they have not responded. What is my next step? Should I send them another letter asking to remove from my credit report and chexsystems? Or do I write to the CRA's directly? What should I include in those letters?

beergod
Nov 1, 2004
NOBODY WANTS TO SEE PICTURES OF YOUR UGLY FUCKING KIDS YOU DIPSHIT
If a debt is listed as "charged off" on my credit report, that means that initial creditor has no interest in said debt anymore, correct?

In other words, the debtor sold it to a collections agency who now legally "owns" the debt. So if a 3rd-party collection, scumbag agency - like, say, NCO Financial - claims to be representing debt on behalf of the original debtor, they're full of poo poo, correct?

Edit: gently caress it, might as well post my current situation.

Couldn't find a job for nearly a year, lived off of my credit cards, bad decision, etc., haven't paid on any of them in over a year and a half.

My credit score is a ghetto 524; what I'm worried about is the possibility of getting sued. The game is so muddled that, even after reading your thread, I am still sort of paranoid/confused about what is going on.

Case in point: I had a CC w/Citicard that was ~$8,000. I got a letter from a random collection agency in MN and sent out a DV letter. Nothing. A few months later I got basically the same demand letter from a law firm in Nevada (which is where I happen to live). I sent out another DV letter a few weeks ago, still nothing.

My paranoia comes from the fact that this new law firm is close to where I live, i.e., a lawsuit seems possible. Is it OK for a company to just ignore the DV letter and mail it to another law firm/collection agency? How do I find out if Citi still has an interest in the account (my credit report merely says "charged off.").

I actually sent the VD letter to the original collection agency because I was going to accept their settlement of ~$3,000, but they never loving responded. Now this law firm is demanding full payment.

Again, I know my credit is hosed for five more years. I'm just worried about dealing with this poo poo in Court (my profession requires frequent background checks, etc).

beergod fucked around with this message at 04:20 on May 16, 2010

LorneReams
Jun 27, 2003
I'm bizarre

beergod posted:

If a debt is listed as "charged off" on my credit report, that means that initial creditor has no interest in said debt anymore, correct?

It's not related to the sale of debt, no. It's a term used to define that the debt has a very small chance of being repaid and the reserve held for that money must be settled. It's an accounting function.

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

Offrampmotel posted:

Just make sure the FDCPA applies to original creditors in your state.

Where would I find this? My google-fu is pretty strong but I'm not finding anything.

nerdrum
Aug 17, 2007

where am I
Here's my situation, 1,000 dollars owed to chase -- they're willing to settle for "550" I'm completely fine with paying this and I have no issue at all I just read the first part of this poo poo about the pay for delete and now i'm confused, should I speak to them about this and threaten to cancel the payment agreement we have or whats the best case? this is the only debt I have and I really want it off of my record.

nerdrum fucked around with this message at 01:32 on May 17, 2010

Manxome Foe
Apr 6, 2005

Beware the Jabberwock, my son! The jaws that bite, the claws that catch!

nerdrum posted:

Here's my situation, 1,000 dollars owed to chase -- they're willing to settle for "550" I'm completely fine with paying this and I have no issue at all I just read the first part of this poo poo about the pay for delete and now i'm confused, should I speak to them about this and threaten to cancel the payment agreement we have or whats the best case? this is the only debt I have and I really want it off of my record.

Have you made any agreements in writing with them or given them any money yet? If not, write them a letter with a PFD agreement requesting an authorized agent of their firm agree to it and sign it, THEN pay them.

Offrampmotel
Mar 18, 2006
Guitar God

bear is driving! posted:

Where would I find this? My google-fu is pretty strong but I'm not finding anything.

The Internet posted:

What states have passed laws ensuring that original creditors abide by the FDCPA as well?

-California, Washington D.C., Florida, Iowa, Maryland, Massachusetts, Michigan, New Hampshire, New York (and NYC), North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

http://www.franklindebtrelief.com/debt-collection.html

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TerminalSaint
Apr 21, 2007


Where must we go...

we who wander this Wasteland in search of our better selves?
Didn't notice this thread and started a new one:

TerminalSaint posted:

Recently my household has been getting phone calls. They seem to be from a call center asking about someone who lived with us for about a year, 12 years ago. He was a bit of a loser, so I can only assume it's a collection agency.

The first time they were informed that he no longer lives here, we don't know where he is now, or how to contact him (all true) but the calls have persisted.

Today I fielded a call from them where they asked if I was the apparent deadbeat in question. I said no and asked the caller's name, which he gave as 'Mack Douglas." I asked who he was calling on behalf of, then without answering he asked whether I was related to the person. I again asked who he was calling on behalf of, and he refused to answer, asking again if I was related.

He got a bit irate, telling me that I needed to answer him. I informed him that since he was the one calling me at my house, it was reasonable for me to know who he was calling on behalf of. I let him know that I wasn't giving any information until he answered my question. He said that I might as well hang up in that case.

I would have none of it. I have a right to know who was calling (repeatedly) and more importantly, I wanted the info so I could report them for harassing phone calls. Furthermore, since he suggested that I hang up, I suspect he may have wanted me to; like perhaps he can report the results of his call differently if I hang up.

I continued to ask, without giving any further information (not that I've got anything beyond a vague direction of where I heard he went second hand) and the caller finally hung up.

Now beyond simply being proper phone etiquette, aren't collection agencies required to identify themselves when asked? How can I deal with them without knowing who they are? It wouldn't bother me half as much if not for the smug attitue the callers have, since if they're calling me I'm clearly deadbeat scum.

tl;dr: Been getting calls at home asking for someone who hasn't lived here in more than 10 years. They sound like they're from a call center, and based on his behavior when I did know him, it's probably a collection agency. They seem unwilling to identify themselves. What can I do aside from mentioning the FDCPA and claiming I'm recording to try to get their info?

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