Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
cocteau
Nov 28, 2005

The best Darcy.
Honestly if I were that broke I'd be looking for odd jobs, temp work, something.

I'd also be pretty persistent at any local businesses where I'd especially want to work, checking back regularly. I mean, if you're getting to the point where you can't afford essential meds, it's not a situation where you want to just sit on your hands.

Adbot
ADBOT LOVES YOU

hatersg2haet
Nov 10, 2010

by Fistgrrl
My friend was arrested forcing him to drop out of college and go to drug court.

At that time he had 3,000 dollars of debt on his credit cards and 10,000 in school debt.

He continued to get arrested for stupid things. But every time he got out continued to work to pay them off. When I told him he should just give up and declare bankruptcy he refuses to do it stating that it would make his credit score go down although I'm almost sure his score is in the shitter he thinks somehow paying off the debt he already defaulted on several times (it was originally only $1000 and he's already paid out $1500 to get arrested again and have the debt accrue again over and over) there really would be no loss there.

But even more interesting thing, after reading your initial post, I think would be to just stop paying and let them sue him. I do not know what is the best option here though.

Hufflepuff or bust!
Jan 28, 2005

I should have known better.

7thBatallion posted:

That still takes time upwards of a month, so the credit card problem will still be there. Regardless, going to check those ideas out.

A month won't kill you. As other posters have said, you're simply in an untenable solution at the moment - you just don't make enough money to meet all your obligations. Until math changes, that won't change. So you need to make a priority choice until something changes:

1)Eat
2)Take your medicine
3)Don't get evicted
4)Pay your credit card bills

(hint: I put them in order). Not paying the cards will cost you in the long run - interest will rack up, your credit will take a hit...but those things would happen regardless. You know what else will cost you in the long run? Having to go to the hospital because you stopped taking your medicine. That could cost you in the tens of thousands. Don't do that.

Apply for government assistance, maybe look at Prosper.com or LendingClub to see if you could get a peer-to-peer debt consolidation loan at a lower interest rate. You would be in the "high risk" category with a higher interest rate, but it might work.

Nothing is going to happen overnight. You need to change your situation which takes time. Don't freak out - we don't have debtor's prison any more. Probably.

Hufflepuff or bust!
Jan 28, 2005

I should have known better.

hatersg2haet posted:

My friend was arrested forcing him to drop out of college and go to drug court.

At that time he had 3,000 dollars of debt on his credit cards and 10,000 in school debt.

...

But even more interesting thing, after reading your initial post, I think would be to just stop paying and let them sue him. I do not know what is the best option here though.

No. Bankruptcy or lack of payment WILL NOT discharge school loans. Likewise, having the debt get charged off will gently caress up his credit in a serious way...while still leaving him with most of his debt (the 10k in school loans). For 3,000 in credit card debt, just pay it over time. Miss some payments if you have to, but pay it off - it will be way better and less costly than bankruptcy or a charge-off. Try consolidating to lower interest balance transfers, stuff that's previously been mentioned. And tell him to stop being an idiot and getting arrested - 3k could be paid off easily by someone not in jail.

jet sanchEz
Oct 24, 2001

Lousy Manipulative Dog

TWiNKiE posted:

I'll preface this by saying I know absolutely nothing about Canadian law. This is just intended to give you a possible starting point based on my understanding of US estate law.

In the US, your father's assets would go in to an estate. If the estate has enough money to pay for the debts, great. The executor or probate court pays the bills. If there's a will, whatever's left over is typically distributed the way the will says. Otherwise, it goes to your mother / father's new wife, or your family can fight over who gets what in court.

If there's not enough money in the estate, underlying assets (the property that the taxes were levied on, for example) are liquidated, usually in an auction.

At no point though, are surviving family members on the hook for outstanding debts -- except in cases where there was a joint account with a surviving person, or when a survivor wants to assume an asset (e.g., if you want to live in his house, you're responsible for taxes / liens).

Okay, thanks, this is what I figured.

My father did leave us a house behind and we intend to sell it but what if I talk to the creditors first and work out a deal with them? Amex already said they will go down by 50%, I spoke to someone from another card and they can do the same. If I can get the 60K down to 30K, I can pay it off now and then sell the home, essentially saving 30K. Or will they come after me in the future for the other 30K once the home is sold? I have not mentioned to any of the card holders that there is a house in his estate.

lament.cfg
Dec 28, 2006

we have such posts
to show you




jet sanchEz posted:

Okay, thanks, this is what I figured.

My father did leave us a house behind and we intend to sell it but what if I talk to the creditors first and work out a deal with them? Amex already said they will go down by 50%, I spoke to someone from another card and they can do the same. If I can get the 60K down to 30K, I can pay it off now and then sell the home, essentially saving 30K. Or will they come after me in the future for the other 30K once the home is sold? I have not mentioned to any of the card holders that there is a house in his estate.

If they agree to settle the debt for X amount, IN WRITING, they have no future claim to the estate's money. Get everything in writing. Get the amount they will settle for in writing. When you pay, get the fact that the account is settled in writing.

jet sanchEz
Oct 24, 2001

Lousy Manipulative Dog

traveling midget posted:

If they agree to settle the debt for X amount, IN WRITING, they have no future claim to the estate's money. Get everything in writing. Get the amount they will settle for in writing. When you pay, get the fact that the account is settled in writing.

Thanks, I am going to call them all today.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

jet sanchEz posted:

My father did leave us a house behind and we intend to sell it but what if I talk to the creditors first and work out a deal with them? Amex already said they will go down by 50%, I spoke to someone from another card and they can do the same. If I can get the 60K down to 30K, I can pay it off now and then sell the home, essentially saving 30K. Or will they come after me in the future for the other 30K once the home is sold? I have not mentioned to any of the card holders that there is a house in his estate.
I wouldn't say anything about what's in the estate. Chances are, they're being nice because there's not much they can really do beyond hope they get paid something. If they'll take less than what's owed, that means more money for you, presumably.

Before doing anything, I'd definitely talk to a lawyer.

Halvor
Aug 17, 2003
The black cards all look the same to me...
I could be misunderstanding here, but I'm curious how (close to) correct I am about my situation.

See, I've been sued by a CA for a sum near $2000 for an old credit card. I'm assuming that, pretty much just by showing up, it would was enough of the collector's time, and therefore money, that they'd just dismiss. If this were to happen, is that legitimate enough to dispute with the CRA and get that collection removed from my reports?

If the answer is already in this thread, I've missed it (given that I've been perusing the thread since mid-January, that wouldn't surprise me), so sorry if it has already been answered.

hatersg2haet
Nov 10, 2010

by Fistgrrl

kaishek posted:

No. Bankruptcy or lack of payment WILL NOT discharge school loans. Likewise, having the debt get charged off will gently caress up his credit in a serious way...while still leaving him with most of his debt (the 10k in school loans). For 3,000 in credit card debt, just pay it over time. Miss some payments if you have to, but pay it off - it will be way better and less costly than bankruptcy or a charge-off. Try consolidating to lower interest balance transfers, stuff that's previously been mentioned. And tell him to stop being an idiot and getting arrested - 3k could be paid off easily by someone not in jail.

It's hard to tell a drug addict to stop his addiction.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Halvor posted:

I could be misunderstanding here, but I'm curious how (close to) correct I am about my situation.

See, I've been sued by a CA for a sum near $2000 for an old credit card. I'm assuming that, pretty much just by showing up, it would was enough of the collector's time, and therefore money, that they'd just dismiss. If this were to happen, is that legitimate enough to dispute with the CRA and get that collection removed from my reports?

If the answer is already in this thread, I've missed it (given that I've been perusing the thread since mid-January, that wouldn't surprise me), so sorry if it has already been answered.
Show up to court, and it goes something like this:

(outside the courtroom before the case is heard)
CA: You owe me $2,000.
You: No, I don't.
CA: Sign this paper that says you'll give me $1,000 by next month, and we'll leave you alone.
You: Okay / How about $500? / gently caress off, I'll take my chances in court.

Or...

Judge: Why are you here?
CA: Halvor owes me money.
You: I don't think I do.
CA: Yes, you do.
You: Prove it.
CA: I have this affidavit that says you do.
You: That's not enough. State law says you have to provide a full accounting. (assuming it does)
CA: Well, I have a photocopy of your last bill.
You: I'm not sure this account even belongs to me. Do you have a contract or application I signed?
CA: No, but why would you have made payments from December 2009 to June 2010 if it wasn't yours?
You: I don't know if that's true, because I don't know if you're even talking about an account that belongs to me.
Judge: CA, do you have anything worthwhile?
CA: No, but if you'll give me a continuance...
You: No, the CA sued me, so the CA should have come to court prepared. The CA has to prove that the account is mine. There's no legal basis for me having to prove that it isn't. Your honor, I'd like you to dismiss this case with prejudice.
Judge: gently caress off, both of you. This court finds for the defendant.

Or...

Judge: Why are you here?
CA: Halvor owes me money.
You: I don't think I do.
CA: Yes, you do.
You: Prove it.
CA: I have a copy of your application, a copy of your accountholder agreement, a copy of your bills going back to 1998, and copies of signed checks you used when paying on the account.
You: :(
Judge: Is there anything you'd like to say?
You: :cry:
Judge: Court finds in favor of the plaintiff for $2,000 and court costs.

Edit: If you can get the case dismissed in your favor, getting a copy of the ruling should be enough for the CRA. Of course, the flipside to that is if the ruling is against you, you'll then have a judgement on your credit report.

TWiNKiE fucked around with this message at 22:29 on Apr 13, 2011

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!
So I sent out a verification of debt letter, one that asks to stop calling me and that we take care of everything through the mail. It was sent certified mail with return receipt. I sent out two just to be safe, one to the return address from the letter they sent me and one to the state office that they keep calling me from, also listed in the letter they sent me.

However, they continue to call me. I checked the USPS website and my letters were delivered. This is pretty annoying, especially since I asked them to stop and I still am getting voice mail messages to the tune of we need to talk to you or your attorney, etc.

This seems like it could be considered harassment. Do I have any recourse here?

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Boofchicken posted:

However, they continue to call me. I checked the USPS website and my letters were delivered. This is pretty annoying, especially since I asked them to stop and I still am getting voice mail messages to the tune of we need to talk to you or your attorney, etc.

This seems like it could be considered harassment. Do I have any recourse here?
If you haven't received the green card back yet, probably not.

It's not reasonable to expect them to stop the moment the letter is received. It still needs to go to a person, and that person needs to read it, and some type of action needs to be taken. After they've had it for 3 - 5 business days, you might be able to persuade a judge that they knew, or had sufficient reason to know that they weren't supposed to be calling you anymore.

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!
Ok, good to know. I appreciate your help. They were delivered on the 11th and 12th, so this time next week, if I am still receiving calls I'll have more to go on.

If they do call, should I answer just to see what they have to say and confirm if it is harassment or just hear them out and what things should I not say, short of the obvious not giving detailed information about myself. The thing is, I would be willing to settle if they would make payment plans a little more reasonable. They are wanting insane payment plans like 500 a month.

Out of curiosity, just by talking to them and recording the conversation, what particular violations could I look for if I wanted to rack some up against them? It seems from what I have read, if I had a substantial amount on tape it might strengthen my case against them if I had to meet them in court/sue.

youknowthatoneguy fucked around with this message at 22:09 on Apr 14, 2011

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Boofchicken posted:

If they do call, should I answer just to see what they have to say and confirm if it is harassment or just hear them out and what things should I not say, short of the obvious not giving detailed information about myself. The thing is, I would be willing to settle if they would make payment plans a little more reasonable. They are wanting insane payment plans like 500 a month.
You could answer, and ask them "Why are you calling me? I know you received my letter, asking you to validate the alleged debt, and letting you know that phone calls are inconvenient."

quote:

Out of curiosity, just by talking to them and recording the conversation, what particular violations could I look for if I wanted to rack some up against them? It seems from what I have read, if I had a substantial amount on tape it might strengthen my case against them if I had to meet them in court/sue.
Well, first, you need to make sure it's legal to record them in your state without first notifying them. (Though if they say "this call may be recorded...", you're basically golden.)

You'd want to pay attention to any of the following:
1) Threatening to take action they know they can't legally take (e.g. telling your neighbors, taking or selling property that the debt isn't secured by)
2) Suggesting that you could be arrested or imprisoned if you don't pay
3) Any other action that seems threatening (e.g. "I don't care about that letter. I'm going to keep calling you."
4) Calling before 8 a.m. or after 9 p.m.
5) Calling "an unreasonable number" of times.
6) Any sort of profanity, racial / cultural slur, or insult

Things that probably should be violations, but aren't:
1) Suggesting that you're a dishonest person
2) Telling you that this will be "forwarded to the legal department" unless a specific action is taken
3) Threatening to sue (it's only a violation if you can prove they have no intention of suing)

So, if they called you three weeks after getting your letter, said "Hey rear end in a top hat, unless you want the cops to come and break down your door, you'd better cough up $500." and then called you three more times after telling them to stop, you'd probably be well positioned to sue them for $7,000 + attorney fees:
$1,000 for calling when you've sent a letter asking them not to
$1,000 for calling you an rear end in a top hat
$1,000 for threatening legal action they know they cannot take
$1,000 continued collection activity after being DV'ed (assuming you sent the letter within the 30-day period and they haven't validated)
$1,000 for each time after the initial call, if you can prove you asked them not to call

Of course, rather than be aggressive, you can wait that out. If they want to sue you for $500, you can countersue them for $7,000 -- and get the case moved out of small claims court in the process. That would probably get their attention.

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!
Again, thank you very much for your advice, it is much appreciated. I live in Texas where it is legal to record calls, so that should not be an issue. I really want to hold the receipt in my hand before I tell them 100% that I know they got the letters, but if they continue to call I will answer and go from there.

The debt is for $4000, so I am assuming if things aren't handled quickly, they will want to sue, since that has been what they keep threatening to do each time.
The last payment was in October of 2008 on a Chase card, so I know it can not be even close to the original $4000. I am hoping to settle this without them coming at me with a lawsuit, but if they do that is why I want to have violations, if any, recorded.

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


Boofchicken posted:

Again, thank you very much for your advice, it is much appreciated. I live in Texas where it is legal to record calls, so that should not be an issue. I really want to hold the receipt in my hand before I tell them 100% that I know they got the letters, but if they continue to call I will answer and go from there.

The debt is for $4000, so I am assuming if things aren't handled quickly, they will want to sue, since that has been what they keep threatening to do each time.
The last payment was in October of 2008 on a Chase card, so I know it can not be even close to the original $4000. I am hoping to settle this without them coming at me with a lawsuit, but if they do that is why I want to have violations, if any, recorded.

It's Texas, a lawsuit will go no where since they can't garnish your wages. IIRC, SOL in Texas is 2 years as well.

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!

duz posted:

It's Texas, a lawsuit will go no where since they can't garnish your wages. IIRC, SOL in Texas is 2 years as well.

Good to know about the lawsuit. Unfortunately, the SOL is four years in Texas. One of the few things I thought to check on first.

Distracted
Jun 9, 2010

I've got a small credit card debt that has been causing me a great deal of grief. The original debt was around $600. Over time while I was working during 2007 I was paying off small ammounts each week. I'd worked it down to $128 when I lost my job. I informed the collectors of this & they told me it would be paused. It took 4-5 month to find another stable job but when I did, I got back in contact with them to find out my debt was over $500 again.

This has pretty much been going on ever since. I fall out of work for awhile, then end up with more debt to pay them. Last I heard, I now owe over triple the original debt & have easily paid off just as much. I know laws vary from country to country, but this just doesn't seem right, considering the mobile phone bill I owe is still only $567, which is the same ammount when I'd owed it to the phone company.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Look a distraction posted:

I've got a small credit card debt that has been causing me a great deal of grief. The original debt was around $600. Over time while I was working during 2007 I was paying off small ammounts each week. I'd worked it down to $128 when I lost my job. I informed the collectors of this & they told me it would be paused. It took 4-5 month to find another stable job but when I did, I got back in contact with them to find out my debt was over $500 again.

This has pretty much been going on ever since. I fall out of work for awhile, then end up with more debt to pay them. Last I heard, I now owe over triple the original debt & have easily paid off just as much. I know laws vary from country to country, but this just doesn't seem right, considering the mobile phone bill I owe is still only $567, which is the same ammount when I'd owed it to the phone company.
That's a tricky one.

If you've been paying a CA, it's hard to turn around and say "Hey, wait a minute. Validate this!" after the fact. You've basically affirmed the debt.

I'd probably try settling with them for the $128, and see what they come back with. Unfortunately, the fact that you've paid them in the past doesn't put you in a very strong position. They know they've been able to get money out of you before.

As for the cell comparison, they're totally different animals. Your cell contract didn't say they'd charge you 29.99% interest and a $35 late fee.

Nighthand
Nov 4, 2009

what horror the gas

My Girlfriend has begun receiving notices from a Collection Agency. The notices are for a medical debt with Patient First. The principal was a little over $100, the total is a little over $200.

Here's the thing; Patient First was her doctor when she lived in Virginia, but she moved to Michigan three years ago, and prior to that hadn't been to Patient First in years. This debt is probably around a decade old. Back when she DID go to Patient First, it was under her parent's insurance and taken care of by said parents. She's completely confused as to how this debt is showing up at our house in Michigan now.

What should we do about this? Should we just pay the agency and drop the matter? We haven't contacted them in any way yet, and she hasn't been called or anything. She called her Father to ask about it, and he said he would give her Patient First's number, but the numbers he gave were bad (one was a fax number and the other was for a shipping company.) Because it's in Virginia, we can't exactly swing by one day to discuss it.

$200 isn't deal-breaking to pay, but it IS a lot of money, and we have no idea where this debt came from.

Edit: Apparently I've asked this before and had completely forgotten about it. Advice then was to verify it if we can (we can't seem to without calling the collection agency it seems like) and to just pay it. I assume the advice is still valid?

Nighthand fucked around with this message at 19:22 on Apr 15, 2011

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


Nighthand posted:

Edit: Apparently I've asked this before and had completely forgotten about it. Advice then was to verify it if we can (we can't seem to without calling the collection agency it seems like) and to just pay it. I assume the advice is still valid?

There should be contact information on her credit report, if not you can just contest with the CRA. There should also be contact information or at least a return address on the notices she's getting. You want to do this via mail, not phone.

MikeRabsitch
Aug 23, 2004

Show us what you got, what you got
If it comes back valid and you're considering paying, try a pay for delete instead so it comes off her credit report.

Halvor
Aug 17, 2003
The black cards all look the same to me...

TWiNKiE posted:

Show up to court, and it goes something like this:

(outside the courtroom before the case is heard)
CA: You owe me $2,000.
You: No, I don't.
CA: Sign this paper that says you'll give me $1,000 by next month, and we'll leave you alone.
You: Okay / How about $500? / gently caress off, I'll take my chances in court.

Or...

Judge: Why are you here?
CA: Halvor owes me money.
You: I don't think I do.
CA: Yes, you do.
You: Prove it.
CA: I have this affidavit that says you do.
You: That's not enough. State law says you have to provide a full accounting. (assuming it does)
CA: Well, I have a photocopy of your last bill.
You: I'm not sure this account even belongs to me. Do you have a contract or application I signed?
CA: No, but why would you have made payments from December 2009 to June 2010 if it wasn't yours?
You: I don't know if that's true, because I don't know if you're even talking about an account that belongs to me.
Judge: CA, do you have anything worthwhile?
CA: No, but if you'll give me a continuance...
You: No, the CA sued me, so the CA should have come to court prepared. The CA has to prove that the account is mine. There's no legal basis for me having to prove that it isn't. Your honor, I'd like you to dismiss this case with prejudice.
Judge: gently caress off, both of you. This court finds for the defendant.

Or...

Judge: Why are you here?
CA: Halvor owes me money.
You: I don't think I do.
CA: Yes, you do.
You: Prove it.
CA: I have a copy of your application, a copy of your accountholder agreement, a copy of your bills going back to 1998, and copies of signed checks you used when paying on the account.
You: :(
Judge: Is there anything you'd like to say?
You: :cry:
Judge: Court finds in favor of the plaintiff for $2,000 and court costs.

Edit: If you can get the case dismissed in your favor, getting a copy of the ruling should be enough for the CRA. Of course, the flipside to that is if the ruling is against you, you'll then have a judgement on your credit report.

Literally one day after I turned in my Answer, the court mailed me a Notice to Appear, signed by the Clerk (probably who I handed the papers to in the first place), with a date (6/13/11 8:15AM) and the judge's name. Is this typical? Should I be worried (or only worried if I can actually find how the judge typically rules)? Am I asking the wrong person in the wrong forum? Can you tell I've never had to deal with any legal issues before?

Also, given your scenarios above, when they ask outside the courtroom to settle, is it Kosher to ask them what evidence they have against me before deciding? I mean, if I ask "can you prove that it's my debt?" and they SHOW me they can, I'd be willing to try to settle with them. But what would motivate them to settle if they could prove that it's mine?

I really think (hope) it'll just get dismissed. This lawyer's office is in Novi, MI (over by Detroit, and at least a good 2.5 hour drive to get here). I have to wonder if it's REALLY worth it for a collection company to be billed for five hours of driving, and then however long it takes to deal with me once they get there.

edit: If my goal is to waste the lawyer's time, and therefore the collection agency's money, might it be a viable strategy to demand a trial by jury, given that this is a civil case?

Halvor fucked around with this message at 23:10 on Apr 15, 2011

Bookish
Sep 7, 2006

80% sexy 20% disgusting
I've never seen an attorney dismiss a case just because a defendant filed an answer. We get cases filed by attorneys' offices that are hours away all the time and they still come to court if they have to. If they get a judgment you'll be paying their lawyer fees anyway.

Offrampmotel
Mar 18, 2006
Guitar God
Years ago I had a lovely credit card from First Premier with like a $300 credit limit that was opened 9/2004. It was charged off on 2/2009.

It is also listed under collection accounts with a balance owed of $935. That lists it as opened 3/07.

When does the 7 year clock start? I probably never made payments on the card for more than 6 months.

wav3form
Aug 10, 2008

Bookish posted:

I've never seen an attorney dismiss a case just because a defendant filed an answer. We get cases filed by attorneys' offices that are hours away all the time and they still come to court if they have to. If they get a judgment you'll be paying their lawyer fees anyway.

It depends on the answer filed. I had a 3rd party debt collector (one of the big ones) dismiss via fax after I submitted my answer but I had them by the balls. If you show some teeth they might move on but I am pretty versed in consumer law for a lay person. This was dismissed with prejudice by the judge by the way.

wav3form
Aug 10, 2008

Offrampmotel posted:

Years ago I had a lovely credit card from First Premier with like a $300 credit limit that was opened 9/2004. It was charged off on 2/2009.

It is also listed under collection accounts with a balance owed of $935. That lists it as opened 3/07.

When does the 7 year clock start? I probably never made payments on the card for more than 6 months.

It depends on your state but usually starts after a certain milestone like 180 days after the first unmade payment (date of last activity). Possible that they re-aged the account which is not legal.

Nighthand
Nov 4, 2009

what horror the gas

Thanks for the info guys, I'll see what we can do.

Offrampmotel
Mar 18, 2006
Guitar God

wav3form posted:

It depends on your state but usually starts after a certain milestone like 180 days after the first unmade payment (date of last activity). Possible that they re-aged the account which is not legal.

In PA the SOL is 4 years, so I'm not too worried about that. I'm just wondering if I should do a PFD or wait for it to drop off of my report, which should happen in about a year if the clock starts when the account went delinquent. I don't plan on applying for any type of credit in the next few years.

Drewski
Apr 15, 2005

Good thing Vader didn't touch my bike. Good thing for him.
I've got a couple letters here that I wrote. Anyone, please feel free to use them as samples and edit as you need. First up: a Goodwill Letter. Second is Pay-for-Delete.

I'll let ya'll know how it turns out if/when I get responses.

Apr 16, 2011

Your Name
Your Address


Company
Company's Address


Dear Sir or Madam,

This letter is in reference to my Company membership with the account number xxxxxxxxxxx. Several years ago I maintained a [credit card, loan, etc] with Company. On MM/YYYY, I am ashamed to say that I defaulted on this card because I was unable to find work after xxxxxxxxxxxxxxxx. However, in the years since, I took great strides to both honor my debt to your company and take responsibility for my own finances; on MM/DD/YYYY I am proud to say that I paid my debt to Company in full.

I am now financially stable and trying to purchase a home; however, I have been unable to receive an affordable rate due to this annotation on my credit report. As the information furnisher of this listing, I understand that you are able to modify listings with the Credit Reporting Agencies; therefore, I am requesting that you consider removing this X year old listing from my credit report as a gesture of mutual goodwill.

I understand that you are under no obligation to do so, but (I, my family) have/has partnered with Company for more than XX years. My [father, mother, sister, etc] has been a member since YYYY, and I myself have been a member for XX years. Company has always treated my family with dignity and fairness, and I hope that my payment-in-full demonstrated both my respect for this company and my willingness to honor my own responsibilities.

Thank you for taking the time to read this letter. Your kind gesture would be greatly appreciated, and regardless of your decision I look forward to a long and prosperous continuing relationship with Company.


Sincerely,
Your Name Here

-----------------------------

Apr 16, 2011

Your Name
Your Address


Company
Company's Address

Re: Account Number XXXXXX

Dear Sir or Madam,

This letter is in response to your (letter, telephone call, credit report entry) dated MM/DD/YYYY. Please be aware that this is not an acknowledgement or acceptance of the debt in question as I have not received any verification of the debt. Nor is this a promise to pay, and should not be considered a payment agreement unless you provide a response as detailed below. That being said, I wish to save us both some time and hassle by settling this debt.

I am aware that your company has the ability to report this debt to credit bureaus as you deem necessary. Furthermore, I am also aware that as the information furnisher, your company has the ability to change listings as necessary.

I am willing to pay $X in return for your agreement to remove all information regarding this debt from all credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $XXXX payable to Company within 15 calendar days of the receipt of your response, in exchange to have all information related to this debt removed from all of my credit files.

If you accept this offer, you also agree not to discuss this offer with any third party excluding the original creditor, and will not repackage or sell this debt in any way to another collections agency. If you accept this offer, please prepare a letter on your company letterhead agreeing to these terms. This letter should be signed by an authorized agent of Company. This letter shall be treated as a contract and subject to the laws of the State of (INSERT STATE OF RESIDENCE HERE).

As granted by the Fair Debt Collection Practices Act, I have the right to dispute this alleged debt. If I do not receive your postmarked response within 15 calendar days, I shall withdraw this offer and request full validation of this debt.

Please forward your response to the address listed above. Thank you for your time; I hope we can come to a mutually satisfactory resolution.

Sincerely,
Your Name Here

Drewski fucked around with this message at 02:35 on Apr 17, 2011

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Nighthand posted:

My Girlfriend has begun receiving notices from a Collection Agency. The notices are for a medical debt with Patient First. The principal was a little over $100, the total is a little over $200.

Here's the thing; Patient First was her doctor when she lived in Virginia, but she moved to Michigan three years ago, and prior to that hadn't been to Patient First in years. This debt is probably around a decade old.
If you're right, it can't go on her credit report.

If you're 100% sure it's that old, she can send them a letter that says "This should have been taken care of by insurance. Sorry it wasn't. Pursuant to the Fair Debt Collection Practices Act, this letter serves as your notice that I am directing your company to cease and desist further communication with me."

The statute of limitations in Michigan on a medical bill is four years from the date of service, so if they tried suing her, they wouldn't be very successful if she showed up to defend herself.

Halvor posted:

Literally one day after I turned in my Answer, the court mailed me a Notice to Appear, signed by the Clerk (probably who I handed the papers to in the first place), with a date (6/13/11 8:15AM) and the judge's name. Is this typical? Should I be worried (or only worried if I can actually find how the judge typically rules)? Am I asking the wrong person in the wrong forum? Can you tell I've never had to deal with any legal issues before?
It's not like I've been sued a bunch of times, so I can't really say for certain. It doesn't sound unreasonable.

You answered, and they said "okay, now come to court". What were you expecting?

Whether or not you're asking the right person depends on what you hope to hear, I guess. I'm not a lawyer, so I'm not dispensing legal advice. I can just tell you what it's like to be sue and be sued.

quote:

Also, given your scenarios above, when they ask outside the courtroom to settle, is it Kosher to ask them what evidence they have against me before deciding? I mean, if I ask "can you prove that it's my debt?" and they SHOW me they can, I'd be willing to try to settle with them. But what would motivate them to settle if they could prove that it's mine?
Don't get too far ahead of yourself. IF they want to talk to you before the hearing, you could ask them that. You'd likely be overplaying your hand if you did, though.

Let's assume they can prove it. They have little incentive to settle with you. They've got their docs, and they've got you physically in the courthouse. From their perspective, it doesn't get much better.

quote:

I really think (hope) it'll just get dismissed. This lawyer's office is in Novi, MI (over by Detroit, and at least a good 2.5 hour drive to get here). I have to wonder if it's REALLY worth it for a collection company to be billed for five hours of driving, and then however long it takes to deal with me once they get there.
If they aren't farming it out to someone more local, it's possible that their travel expenses will get tacked on to a judgement.

If you're all out of options, ask the judge why they had to send a lawyer all the way from NO-vee, and see if the lawyer's head explodes.

quote:

edit: If my goal is to waste the lawyer's time, and therefore the collection agency's money, might it be a viable strategy to demand a trial by jury, given that this is a civil case?
If they win, that's your money that pays for the time you wasted.

That's probably why they're (apparently) not suing you in small claims, where they'd have no right to recover legal fees under Michigan law.

Offrampmotel posted:

Years ago I had a lovely credit card from First Premier with like a $300 credit limit that was opened 9/2004. It was charged off on 2/2009.

It is also listed under collection accounts with a balance owed of $935. That lists it as opened 3/07.

When does the 7 year clock start? I probably never made payments on the card for more than 6 months.
It starts on the date of first delinquency, but your dates don't seem to line up.

Opened 9/04, in collections 3/07, charged off 2/09 :confused:

It should have been charged off in the summer of 2005 if you only made six payments.

Drewski posted:

I've got a couple letters here that I wrote. Anyone, please feel free to use them as samples and edit as you need. First up: a Goodwill Letter. Second is Pay-for-Delete.

I'll let ya'll know how it turns out if/when I get responses.
People should probably wait and see if they work, before using them. ;)

That's got me wondering though... has anyone used advice in this thread with some success?

Offrampmotel
Mar 18, 2006
Guitar God

TWiNKiE posted:


It starts on the date of first delinquency, but your dates don't seem to line up.

Opened 9/04, in collections 3/07, charged off 2/09 :confused:

It should have been charged off in the summer of 2005 if you only made six payments.

That's what has me confused. I 100% guarantee that I never used/paid the card for more than a few months. From my credit report:





TWiNKiE posted:

That's got me wondering though... has anyone used advice in this thread with some success?
This thread has convinced me to never get another credit card.

throwrocks
May 6, 2007
Maybe not the right thread but figured I'd ask here.

Ive been sent to a collections agency for $7000 medical debt...that isn't mine. Seems I'm a victim of identity theft!

I've filed a police report and disputed the items online and am writing the collection agency including the police report. I want to call the agency to try to see if they cam help me but I'm worried that they will use my current and correct info to go after me now. Currently they have a name very similar to mine with a different birth date. The bizarre thing is that it only shows on equifax with this wrong info...

Should I call the agency or just let it be sorted out through letters and certified mail? Thanks for any help you can give.

samizdat
Dec 3, 2008

Offrampmotel posted:

This thread has convinced me to never get another credit card.

Just stay away from lovely cards and join a credit union.

Hufflepuff or bust!
Jan 28, 2005

I should have known better.

throwrocks posted:

Should I call the agency or just let it be sorted out through letters and certified mail? Thanks for any help you can give.

Everything in writing.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Offrampmotel posted:

That's what has me confused. I 100% guarantee that I never used/paid the card for more than a few months.
DV 'em. Unless you're looking for violations, I probably wouldn't bother with CMRR.

quote:

This thread has convinced me to never get another credit card.
You'll never rebuild your credit that way.

A relative of mine was baffled that her one and only credit card had its limit chopped by several thousand dollars, despite her "850" credit rating.

She paid off her car, mortgage, and closed all but one card, thinking her credit was stellar already, and would only get better by being debt-free. In a nutshell: she basically had no credit.

samizdat posted:

Just stay away from lovely cards and join a credit union.
Credit unions can be lovely, too.

I just closed an account at one who pulled hard every quarter, never once offered me a preapproved card or loan, and started charging me $12/month for not using online bill payment.

Chase, on the other hand, has never charged me for using (or not using) online bill payment, or any other monthly fee on my checking accounts. They also offer me pre-approved credit cards at the ATM, and can manage a soft pull.

Sure, it's anecdotal. Some CU's will just flat out deny marginal applications with a form letter. Others are kind enough to have a person call you and tell you how lovely your credit report is, which feels much more awesome than a letter that says "no". Others will approve you for anything as long as you're working and haven't declared bankruptcy.

I've heard good things about the CreditBoards CU Trifecta (Penfed / Patelco / some other one whose name I can't remember), and I've had a lovely experience with 2/3 of the local CU's I've tried. As with anything financial, your mileage may vary.

samizdat
Dec 3, 2008

TWiNKiE posted:

Credit unions can be lovely, too.

I just closed an account at one who pulled hard every quarter, never once offered me a preapproved card or loan, and started charging me $12/month for not using online bill payment.

Chase, on the other hand, has never charged me for using (or not using) online bill payment, or any other monthly fee on my checking accounts. They also offer me pre-approved credit cards at the ATM, and can manage a soft pull.

Sure, it's anecdotal. Some CU's will just flat out deny marginal applications with a form letter. Others are kind enough to have a person call you and tell you how lovely your credit report is, which feels much more awesome than a letter that says "no". Others will approve you for anything as long as you're working and haven't declared bankruptcy.

I've heard good things about the CreditBoards CU Trifecta (Penfed / Patelco / some other one whose name I can't remember), and I've had a lovely experience with 2/3 of the local CU's I've tried. As with anything financial, your mileage may vary.

Yeah, it can be a coin-toss. My anecdotal evidence points to superior treatment by credit union: I've used Wells Fargo and a local credit union, and the credit union has significantly lower or zero fees. (Granted, Wells Fargo is the devil.) AFAIK, my credit union never raised interest on me when I missed payments or defaulted. The only poo poo they hit me with were overdraft fees. I actually feel bad for defaulting on them and having a charge-off, but I'm kind of a chump.

EDIT:
What's cool is that if they're a member of the Credit Union Service Center Network, then you can use other member credit union locations for "shared branching." This helps with the common problem of your credit union having limited locations/ATMs, especially if you go out of town.

samizdat fucked around with this message at 23:15 on Apr 19, 2011

LorneReams
Jun 27, 2003
I'm bizarre
I've been through them all through all measures of shittiness, but I've found that community banks tend to be the way to go. Almost every cool thing in my town (parades, fireworks, parties, etc.) are funded mostly by the bank.

Adbot
ADBOT LOVES YOU

Offrampmotel
Mar 18, 2006
Guitar God
I have a cash management account with Merrill Lynch. Best "bank" I've ever used. No bullshit fees for anything and customer service is awesome.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply