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DarkHorse
Dec 13, 2006

Vroom Vroom, BEEP BEEP!
Nap Ghost
Just got another letter trying to collect a power bill from before I or my roommates moved in. It doesn't have any of our names on it, instead showing the name of the renting company of the apartment (i.e. "LLC (address of company)"), but it looks like the account number is the same. I keep handing it to the rent agency, and they said they're dealing with it, though the letters keep popping up occasionally.

I want to respond and dispute the debt, but I'm afraid of giving them my name on the letter, especially if it has the same account number. It seems they have ZERO information about who lives here or who owes the debt. Conversely, I don't want to give up my 30 days to dispute. I've got 6+ months of on-time in-full payment of the utility in question, so I don't know what the deal is. It's never showed up on any of the regular utility bills.

What's the best way to proceed?

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an audible groan
Jan 2, 2005
NICE TRY SUCKER

Skandiaavity posted:

I shouldn't really be involved as much, but per the usual disclaimer since the OP isn't answering - i had a situation similar to yours, but the validation issue is left open in the laws. there is no clear answer to this. So in your mind what constitutes validation does not always agree/compute with what "is" validation. In my case, i requested probably everything under the sun down to the original contract agreements, with my signature on them, etc.. If they have an account number that matches you, say with your SSN and address, with some numbers, that can possibly be a validation. If it's not you who owns that debt, then that's identity theft and you can dispute it on those grounds..

As for taking it to court it could not hurt your case. If you are not satisfied with that answer then get a more straightforward one. I believe you do have a right to know if they're licensed to collect in your state - but you can also check this yourself - and (i believe they've given you their documentation from the original creditor). You can also find out about the SOL yourself, and are somewhat expected to; it varies by state.

What I would do in your case, is research the SOL first. If it's out of SOL, That's when you hit them with a letter stating a few things:

1) you are not sure what those 3 lines are. Ask them for additional documentation that proves it's your debt. for example, a contract in your name, (sounds like a credit card, so purchase history? bill? invoice? anything?). Don't go over the top with this.

2) state your reason for #1, that you are not clear on the documentation they sent you. make it short and simple. tell them that for their information, you dispute this because of the same reason.

3) If it's out of SOL, politely ask them to cease activity and that they can't continue collecting on the SOL, and them continuing to do so is pursuing whats called a zombie debt. (This just means they can't sue you, but they can continue to collect on you.)

4) whether it is or isn't out of SOL, offer them like 50% of the value of the debt for a pay4delete and be done with it.

5) state in your letter, in the bottom that it's not a refusal to pay, admission of debt, or permission to check or insert items on your credit reports. You consider this a follow up to the validation letter you sent on [date].

give them 30, not 15, days to answer. and since they responded the 30 day clock doesn't count, but you have additional evidence to help your case that they did not supply the necessary requested information....

if they can't validate and the credit bureaus seem tothink they do, then you can go after the credit bureaus for defamation of character

Awesome, thanks. I think I know how to proceed from here :)

BonerGhost
Mar 9, 2007

Skandiaavity posted:

Thanks. Your counsel is actually helpful on the first two.

For my first item, the debt is only $600. So even 1 violation (worth $1k) would vastly eclipse it. the good news is I just checked my reports on truecredit and .. the item is not there at all, it's just not there on all 3 reports... Maybe I did not need to do anything, but I have this on the back of my mind in case it comes back up. Am I suppose to get a letter from them or something? It has been soon 3 months but I have not received anything.

This is confusing. They should have sent you a dunning letter initially telling you who they are and what they say you owe, at least. That's usually the best you can get from a dunning letter, you have to send a DV letter to get more info. If they haven't sent you a letter and they call you, tell them not to contact you by phone and they may contact you by mail. If you sent a DV and they didn't respond, I know it's a violation, but if they don't report on your credit reports, I don't know that they're supposed to be trying to collect from you. Check the laws. Check your reports with the bureaus if you can. I wouldn't trust a third party service, maybe this is a reputable thing but I have zero experience with it. Typically if you send a DV and they don't respond, you then contact the reporting bureaus that they're reporting on and tell them the collector didn't respond to your request for validation and to remove the tradeline. If there's no tradeline, I'm not sure the debt exists on paper. I have no idea, I can never get that question answered.

Skandiaavity posted:

for the 2nd item i will do that. I figure maybe being nice and saying "hey you guys might have made a mistake, please fix this. or else." Is 15 days too little time or do I actually need to give them the 30? I'm probably being hasty, but I would like to fix this poo poo ASAP than later. (My understanding is "it takes awhile")

I'm pretty sure you would need to give them 30 days. When you request validation on something on your report, the collector has 30 days to respond to you, so I don't see why this should be any different. You can be firm but nice, and I think any sort of "or else" insinuation is going to come off wrong and put them on the defensive. Creditors and debt collectors aren't exactly people like you and I, but they are technically human. People are more cooperative if they aren't immediately put on the defensive.

Skandiaavity posted:

for the 3rd thing, yes I have hard, printed out copies of credit reports annually. In each date the "date last reported" changes (all 3 bureaus report a different number during different times). The date "first reported" just varies among the bureaus... I am not sure what that means (is it the date first reported? last reported?) It is interesting you note that, because if it is the date of last payment - there was an issue with their billing system, and I know the last payment I made was not what they are reporting. Is this grounds for removal? (I understand you're not a lawyer, but really in these cases any kind of advice usually helps, even if it's up to the person to follow it or not. A lot of "fix your credit!" sites aren't lawyers, either)

My apprehension on the 3rd one is the SOL is coming up (2015). But what irks me is they have been relatively quiet about it. I am figuring to let sleeping dogs lie but it's a substanstial amount (about $10k). I figured they would be aggressive about a debt that size.. removing them would see my credit score shoot up probably 80 to 100 points (literally the only debt I've got on there) so yeah i have a huge incentive.

A lot of fix your credit websites that aren't lawyers get people sued or with even worse credit than before.

From what I know, the date first reported should correspond with the date you opened the account and the date last reported should be the last time the account status was reported to the bureau, whether it was an account in good standing, a late payment, or delinquency. The last date of delinquency is the date used to calculate the SOL. I don't know why they would differ if the creditor was reporting correctly. If you have documents that show when the account was opened and your payment history, those would be useful to help determine pertinent dates since they don't seem to be reporting correctly.

On your first two items, I'd contact the bureaus individually for disputes and questions. They have resources to teach you about credit and how reporting works which would be useful for you to read. On your third, I don't feel comfortable telling you anything other than to talk to a lawyer licensed to practice law in your state because I have literally no idea the best way to proceed. On one hand, contacting the bureaus and letting them know what's going on could force the creditors to report correct dates, but it could also put you on their radar and give them an address to send a summons. Three or four years to find you, sue you, and obtain a judgment against you for 10K plus interest and fees isn't anything to sneeze at and I don't want to gently caress with it.

Read up on the fair collection and reporting acts and any resources provided by the reporting bureaus. That will give you a much better idea about what is allowed and what you can do.

the littlest prince
Sep 23, 2006


DarkHorse posted:

Just got another letter trying to collect a power bill from before I or my roommates moved in. It doesn't have any of our names on it, instead showing the name of the renting company of the apartment (i.e. "LLC (address of company)"), but it looks like the account number is the same. I keep handing it to the rent agency, and they said they're dealing with it, though the letters keep popping up occasionally.

I want to respond and dispute the debt, but I'm afraid of giving them my name on the letter, especially if it has the same account number. It seems they have ZERO information about who lives here or who owes the debt. Conversely, I don't want to give up my 30 days to dispute. I've got 6+ months of on-time in-full payment of the utility in question, so I don't know what the deal is. It's never showed up on any of the regular utility bills.

What's the best way to proceed?

They aren't trying to collect the debt from you, why would you bother responding? Keep handing letters to the rental agency.

Whovian Bookworm
Oct 25, 2004
Just this once, everybody lives!

Rubber Johnny posted:

This sounds like what I might be doing soon. Could you tell me, when was it that you were able to elect for arbitration? After the initial hearing for the suit? Or before it all went down? Did you have to contact JAMS directly or did the Credit card company take care of it? The Creditor suing me has an arbitration clause in my contract but is not very clear on how I can choose to opt for it.

I'm wondering if I can get them to drop it by only showing up and asking to prove the debt is mine. If they can, can I then choose arbitration? Or do I have to ask for it before any court proceedings? Only 10 days left!


Way passed your 10 days (sorry, I haven't checked up on the thread in awhile), but in case it isn't too late or it might help someone else, here's the basic drift of what happened in my case.

During discovery, I demanded a signed contract, full statements, and proof of OC retaining them as council (this firm is known to buy debt and pretend to sue as the creditor when they actually own the debt). They provided a basic contract that had the note of "accounts dated before 09". It was obvious they didn't even have the exact contract for my card, let alone the one I signed, but the contract included JAMS arbitration, so it was acceptable. They claimed not to have any other documentation and argued (over the phone) that they didn't even need a contract.

Right before the discovery period ended, I filed a motion to compel contractual arbitration and a brief in support of the motion. I was lucky enough to stumble across someone with a little under 10 times my debt who'd successfully dealt with the law firm and creditor using arbitration, and she sent me a copy of her motion and brief. I edited this pretty heavily, but my judge didn't even bother to read it. Anyway, from what I understand, different states have different rules on how late you can do this. Where I'm located, there is no specific deadline to initiate arbitration. The motion ended up being heard at our first pre-trial and the judge ordered continuances as the issue was worked out.

The other side argued that I should initiate because I elected it, and I argued that they'd brought the suit and should initiate. The judge was very much on their side during every hearing (except our last), and told me she didn't even have to enforce the contract at all. Obviously, I agreed to initiate if that's what was required. The judge refused to stay the trial until everyone paid their initial fees, which we did.

Now, as for your situation... IANAL and all, but I believe all you need to do is tell them you want arbitration for it to be "electing" unless the contract says otherwise. A CMRR letter or motion provides a paper trail, so that'd be much better for court. There is no real downside to filing the motion - if they have no proof, you don't have to fight hard for the motion in court if you don't want arbitration... I don't know how different courts work, but we had discovery before we ever met in court, so you can craft your discovery requests to see what they have. In my case, they really had next to no proof.

A large part of the arbitration strategy, in my mind, is trying to gauge how much money the other side is willing to lay out to get you. If your debt is low enough, they won't bother. I wanted arbitration because I strongly felt that no OC would pay $5-60k to pursue >$1,000. Honestly, even if they had me on video tape, I didn't think they'd pay that.

At this point, we'll be all settled by the end of the month. I should have my check in ~2 weeks and be bound by NDA. My judge is now quite angry with the other side (note: do NOT enter a judge's courtroom as she's entering). When they said we'd reached a settlement and ask for a continuance, she told them they would face sanctions if they don't have it finished by the end of the month.

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

I pulled my yearly free report and didn't find anything I didn't really expect to find (it's all bad), except for this on my TransUnion. Am I right in thinking this was a hard pull? The only other "regular inquiry" is from my credit union, and since I opened the account at the CU last year, I expected to see that.



Is a CA allowed to do a hard pull? All the other CA requests appeared under "Account Review Inquiries". None of the 3 reports list anything with Lighthouse either. Oddly, none of them 3 show the largest collection account (payday loan from 2 years ago).

Also puzzling is none of the 3 have my current address, nor do they list my last job (where I worked for 4 years), or the correct phone # - though I receive a few (CA related) letters a month at the correct address, plus a few phone calls a month on the current phone #. I moved in August, though my phone # has remained the same for about 4 years.

randomidiot fucked around with this message at 04:32 on Jul 2, 2011

Rubber Johnny
Apr 18, 2007

When I was a child if someone brandished a shrink gun he'd get a little bit of respect!

Chouzan posted:

Way passed your 10 days (sorry, I haven't checked up on the thread in awhile), but in case it isn't too late or it might help someone else, here's the basic drift of what happened in my case.

During discovery, I demanded a signed contract, full statements, and proof of OC retaining them as council (this firm is known to buy debt and pretend to sue as the creditor when they actually own the debt). They provided a basic contract that had the note of "accounts dated before 09". It was obvious they didn't even have the exact contract for my card, let alone the one I signed, but the contract included JAMS arbitration, so it was acceptable. They claimed not to have any other documentation and argued (over the phone) that they didn't even need a contract.

Right before the discovery period ended, I filed a motion to compel contractual arbitration and a brief in support of the motion. I was lucky enough to stumble across someone with a little under 10 times my debt who'd successfully dealt with the law firm and creditor using arbitration, and she sent me a copy of her motion and brief. I edited this pretty heavily, but my judge didn't even bother to read it. Anyway, from what I understand, different states have different rules on how late you can do this. Where I'm located, there is no specific deadline to initiate arbitration. The motion ended up being heard at our first pre-trial and the judge ordered continuances as the issue was worked out.

The other side argued that I should initiate because I elected it, and I argued that they'd brought the suit and should initiate. The judge was very much on their side during every hearing (except our last), and told me she didn't even have to enforce the contract at all. Obviously, I agreed to initiate if that's what was required. The judge refused to stay the trial until everyone paid their initial fees, which we did.

Now, as for your situation... IANAL and all, but I believe all you need to do is tell them you want arbitration for it to be "electing" unless the contract says otherwise. A CMRR letter or motion provides a paper trail, so that'd be much better for court. There is no real downside to filing the motion - if they have no proof, you don't have to fight hard for the motion in court if you don't want arbitration... I don't know how different courts work, but we had discovery before we ever met in court, so you can craft your discovery requests to see what they have. In my case, they really had next to no proof.

A large part of the arbitration strategy, in my mind, is trying to gauge how much money the other side is willing to lay out to get you. If your debt is low enough, they won't bother. I wanted arbitration because I strongly felt that no OC would pay $5-60k to pursue >$1,000. Honestly, even if they had me on video tape, I didn't think they'd pay that.

At this point, we'll be all settled by the end of the month. I should have my check in ~2 weeks and be bound by NDA. My judge is now quite angry with the other side (note: do NOT enter a judge's courtroom as she's entering). When they said we'd reached a settlement and ask for a continuance, she told them they would face sanctions if they don't have it finished by the end of the month.

I've been hoping for a response! Thank you so much! In my district, apparently the way small claims cases are handled is that the first date is an appearance to state whether or not you deny the claims by the plaintiff, instead of just filling an answer directly after being served. I didn't even see a judge but rather a court Commissioner who only asked me what my response would be, then gave me ten days to file an official answer with the court.

As far as I know, there is no discovery for small claims in Wisconsin, (or maybe there is and my google-fu is weak) so I'm left wondering if the OC actually has some compelling evidence against me. I'm willing to bet they have some old invoices and maybe some payment receipts. Not sure if that's enough to get a win, but I'm hoping they will back off when they get my answer. There is a hearing scheduled for the case at the end of August. I'm not exactly sure when I could or should file a motion to compel arbitration. They are only suing for 3K, which is largely inflated.

Anyway, if you can, I was wondering if you (or anyone ITT) could point me to a good example of what a motion to compel should look or read like?

Whovian Bookworm
Oct 25, 2004
Just this once, everybody lives!

Rubber Johnny posted:

Anyway, if you can, I was wondering if you (or anyone ITT) could point me to a good example of what a motion to compel should look or read like?

Email me ladyisis at gmail dot com. I can share some of what I've found/used.

Hit an Apex
Dec 2, 2004

Real Racing. Real Sport.
I have an interesting situation with a small business invoice.

Supplier does not deliver on part of a project, so small business (us) does not pay the final 50 percent of the invoice. They think its our fault, we think its their fault.

We say to them: fix it and deliver, or give us a price concession for loving up. Also, failure to deliver has cost us a bit of money in unforeseen expenses since January. (which I have mentioned). And if we knew they couldn't deliver we would have never done this, etc. Our original downpayment has already covered all their costs.

No attempt to bill us since March (when I told them to fix it and then we'd pay, which they were trying to through June, and then just disappeared).

On a phone conversation in early June they offered $200 off, I used the words "unacceptable" and told them we'd be willing to consider an offer in writing, yet it never came.

Then they were trying to correct our problem again, but no one has heard from them for a month. No accounting calls, no management trying to make nice, etc.

Suddenly some rear end in a top hat collection agency is calling me 3x a day, saying we have owed money since November (which is completely wrong). They also don't care about the entire issue, they just want money. How is this even possible?

So far I have sent a letter telling to loving stop calling, and to validate the debt (not sure if I can even do this with companies involved).

Interesting: the PDF they emailed me was full of typos, wanted a routing number over EMAIL (durr), had a different amount than we actually owed that was discounted from another fairy tale number, which ofcourse we had to PAY RIGHT NOW (24 HOURS) OR WE'LL SUE YOU TO THE NEXT GALAXY, and had the wrong dates of the contract.

Is there any point here? The balance is approx $2,400ish (but if you cut us a check right now, $3,600 becomes only $2,500!). I want everyone to gently caress off but have a feeling they will drag this to small claims court in IL (according to the original agreement disputes are handled there, but we are 1,500 miles away).

Is it out of the hands of the original supplier? I'd like the mess to go away but feel that if they get anything we are being robbed.

Hit an Apex fucked around with this message at 03:08 on Jul 7, 2011

T0MSERV0
Jul 24, 2007

You shouldn't expect to defeat him, he is designed to be a war machine.

Hit an Apex posted:

I have an interesting situation with a small business invoice.

Stuff like this hinges almost entirely on what was in the original agreement between the businesses. Assuming that you acted within the agreement and that the agreement is documented, the following should be true:

Given that the creditors have pretty much nothing whatever right, dispute the debt and make them show it, and nothing more. From the sounds of things, they don't have a leg to stand on since you've still got the contract that says you won't pay for an unfinished job (the contract does say that, right?), so you've got pretty much nothing to worry about other than the general pain-in-the-rear end issues. Also, it would probably be worth getting people on your end to double check their personal credit reports to make sure that the business debt wasn't assigned to the guy who signed the PO or something stupid like that.

As for small claims, odds are good you're going to end up in IL, and if you didn't want that then you shouldn't have signed the document in the first place. Review the terms of the agreement and start documenting all the costs associated with what a pain this matter is turning out to be, and either sue or be prepared to counter sue then when the time comes. With a counter tossed back quickly, hopefully you can get people to talk and hammer out an agreement outside of court to shut all this crap down.

an audible groan
Jan 2, 2005
NICE TRY SUCKER
What sort of legal recourse do I have against usury in a collection letter? I did the math on what interest my collector is charging me and it is way beyond my state's usury laws.

e: It's credit card debt-- does that matter?

ee: The original creditor is located in a state without usury laws, of course. The collector, however, is in a state with usury laws. I'm getting into lawyer territory here, aren't I.

an audible groan fucked around with this message at 18:46 on Jul 12, 2011

Michaelos
Oct 11, 2004

Upgraded to platinum to donate money to Lowtax.

an audible groan posted:

What sort of legal recourse do I have against usury in a collection letter? I did the math on what interest my collector is charging me and it is way beyond my state's usury laws.

e: It's credit card debt-- does that matter?

ee: The original creditor is located in a state without usury laws, of course. The collector, however, is in a state with usury laws. I'm getting into lawyer territory here, aren't I.

I would recommend posting more details. While I don't know much about debt collection advice myself, I'd like to point out we don't know the collection agency, the original amount, the new amount, what specific state you're in, or how much money you may or may not have available to get a lawyer. Any advice you get is going to be vague and conditional at this point.

Also, is this related to the matters you posted about previously in this thread, 2 weeks ago and 10 months ago, or is this an entirely different collection agency/debt?

an audible groan
Jan 2, 2005
NICE TRY SUCKER
There are two collectors, both after credit card debt. One actually just filed suit against me, so I'm going to get legal counsel in a few days. The agency suing me is known to be shady, the debt is out of statute and they appear to be calculating interest on the original debt with a 48% rate, to give you an idea.

The other agency is charging about 24% (max legal rate in my state is 18% if it matters at all). They also appear to be calculating that interest rate over the last several years, and the first mention of them on my credit report is less than a year old. They first contacted me last year saying I owed $3000 (on a $2k debt), then called me three weeks later wanting $3700. If they sent a dunning letter at that point, it went to an old address and got lost. I asked them to send me one at my new address, and they didn't until 2 months ago. (Yeah, I know, I only gave them my address because I had family at the other one and they would have found their way to me soon enough anyway.)

I'm not too terribly concerned at this point since I'm getting an attorney who specializes in this; it just amuses me how flagrantly these people flout common decency and the law. I really feel bad for people who fall for this poo poo.

It seems to me that usury law should apply to collectors, since the only reason it doesn't apply to credit card issuers because they all put their headquarters in non-usury states. A cursory google search doesn't really confirm this, though.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

an audible groan posted:

There are two collectors, both after credit card debt. One actually just filed suit against me, so I'm going to get legal counsel in a few days. The agency suing me is known to be shady, the debt is out of statute and they appear to be calculating interest on the original debt with a 48% rate, to give you an idea.

The other agency is charging about 24% (max legal rate in my state is 18% if it matters at all). They also appear to be calculating that interest rate over the last several years, and the first mention of them on my credit report is less than a year old. They first contacted me last year saying I owed $3000 (on a $2k debt), then called me three weeks later wanting $3700. If they sent a dunning letter at that point, it went to an old address and got lost. I asked them to send me one at my new address, and they didn't until 2 months ago. (Yeah, I know, I only gave them my address because I had family at the other one and they would have found their way to me soon enough anyway.)

I'm not too terribly concerned at this point since I'm getting an attorney who specializes in this; it just amuses me how flagrantly these people flout common decency and the law. I really feel bad for people who fall for this poo poo.

It seems to me that usury law should apply to collectors, since the only reason it doesn't apply to credit card issuers because they all put their headquarters in non-usury states. A cursory google search doesn't really confirm this, though.

So I just got a letter from a debt collector, and immediately called them. They were cool, noted in my account all the horrible poo poo that's wrong with my life, and gave me the numbers to call the douchnozzle that sent me to collections.

It turns out only part of my ER bill is covered under charity care. The other third is under the Doctor's Association or some bullshit and is not covered.

They are gonna get such a chewing out it's gonna hurt.

redreader
Nov 2, 2009

I am the coolest person ever with my pirate chalice. Seriously.

Dinosaur Gum
I walked into ATT when I arrived in the USA, got a simcard for my phone and unfortunately inherited a number from some horrible person. I don't know why people call her but I am fairly sure they're debt collectors. Every time "is this Amy? Can I speak to Amy?" and I say... "Amy <surname>?" since my girlfriend is also called Amy. "yes", They reply. "NO GO AWAY STOP CALLING THIS IS NOT HER NUMBER AND I DON'T KNOW WHO SHE IS!" then they start calling back again a few months later. What can I do?

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

I got a letter today about a debt. Big whoop, but this time the letter says an attorney will be assigned to "review the file for the purpose of additional activity, and/or litigation, and/or possible referral to a law firm situated in your city".

It's from "Powell Law Office", a quick read of their web site only reveals some poor grammatical skills.

So are they really gonna sue? :allears: They claim I owe a little over $1000. I wouldn't think they'd sue over that amount, but nothing would surprise me anymore.

Vegastar
Jan 2, 2005

Tigers will do anything for a tuna sandwich.


I've got a cell phone bill from around a year old now through Verizon. I ignored them, no job and no home, all that wazoo. I'm back in a good standing now and trying to clear all this out, and that bill was with a debt collector for a while. It's back with the internal Verizon collectors now, whom I just spoke to about the status and whatnot. They claim not to do pay for deletes, and I seem to have no negotiating power at all with them.

Do I stand a chance of getting any kind of a reduced fee through them, or should I just shut up and pay them for the 480 bucks I owe from the ETF? Third option would be to ignore it until they give it to another creditor and try to negotiate with them. My credit has been pretty well hosed anyway, I'm not adverse to the waiting game. What should I ultimately do with this?

Edit: he did mention the actual bill having been zeroed out in their system, which leads me to believe they've already written off the money.

an audible groan
Jan 2, 2005
NICE TRY SUCKER
Wait, it's actually back with the original creditor? How does that work? Have they given convincing proof that that's actually who they are?

Vegastar
Jan 2, 2005

Tigers will do anything for a tuna sandwich.


an audible groan posted:

Wait, it's actually back with the original creditor? How does that work? Have they given convincing proof that that's actually who they are?

Thinking about it, the Verizon rep transferred me to a "specialist" though that may not have been within their company after all. I suppose I don't really know, I'm guessing a letter will show up at my parents house soon enough that'll give me more information. At that point, I would imagine a dv letter followed up by a pfd if they can back it up is the answer. I didn't give them any information to work with, at least.

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!

some texas redneck posted:

I got a letter today about a debt. Big whoop, but this time the letter says an attorney will be assigned to "review the file for the purpose of additional activity, and/or litigation, and/or possible referral to a law firm situated in your city".

It's from "Powell Law Office", a quick read of their web site only reveals some poor grammatical skills.

So are they really gonna sue? :allears: They claim I owe a little over $1000. I wouldn't think they'd sue over that amount, but nothing would surprise me anymore.

Hard to say, but I doubt it. Don't take this for certain though, I am only going based off my experience.

I have had a few collectors say they were going to sue and then they never did. Not only that, but after claiming this, which I had in writing and also recorded over the phone, they at a much much later date, attempted to work with me to settle the debt, something they wouldn't have done if they planned to sue five months earlier. Also, if they say they intend to sue and don't actually mean it, this is a violation. After hiring a lawyer, they used that against them and it helped me rack up violations.

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

The wording of the letter, specifically the "and/or" phrases, might throw off the violations. Maybe. Still, I talked to them a couple of months ago and they refused to send anything by mail, though they did send stuff by email (a scanned copy of a contract with my name on it, but no signature on it).

Still though, Texas is pretty friendly for debtors - and I have no assets to go after anyway, unless they really really want the piece of poo poo car that I hate. v:downs:v

samizdat
Dec 3, 2008

some texas redneck posted:

So are they really gonna sue? :allears: They claim I owe a little over $1000. I wouldn't think they'd sue over that amount, but nothing would surprise me anymore.

I got sued over $1000 when I didn't have any job or assets either, it depends how lovely the company is. If you poke around and find out if they have a history of going off after poor and/or disabled people, them the answer is yes they will sue.

People make it sound like if you have no assets then they won't sue, but that's not always the case. They'll sue and if you have no assets or wages to garnish, they'll start trying to take any money from your bank account(s) that they can get.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

So I'm trying to work out this poo poo with the bastard doctors, and assuming that I get all that worked out and placed on Charity Care, the collections agency in this case will just wipe it.

that doesn't help with the Macy's bill. It is now over $3000 with a $1100 monthly due. It should be going to collections soon. Do I talk to them on the phone first, since they will no doubt call? Do I wait for a letter and then send them a Debt Verification? At the same time I send a cease and desist for the calls, and give them what? 30 days to figure their poo poo out before I start keeping track of phone calls?

What about when it goes to court? Should I get a lawyer ready, do I just show up and hope they just give up? Do I pull the whole unemployed for several months due to medical complications thing? Should I empty my bank account and put my paychecks in the form of cash, copper, silver, or gold to keep them from it?

And I think I asked this before, but it's getting quite serious now. It's month 6 of me just not paying off a card. And to make it more complicated, both Chase and Citi, whom I have credit accounts with are aware of my current situation. Citi is being totally badass, and just said "make your payments, nothing that you do with Macys will effect this card." Chase is all "whatever, worst case we raise your APT by 3.5 Percent." and both are letting me slide without making a payment for a month without late feels or increased dues or so since I am out of work.

Kilo147 fucked around with this message at 07:57 on Jul 21, 2011

Roundboy
Oct 21, 2008
I've gotten a letter stating the usual 'we are suing you' etc, and i filed a motion of appearance to stop any default judgements.

But looking at my bank account now, i see that there is a $200 'check' made out from my account to the collection company. Its NOT a written check, so i assume electronic.

Looking at the online court records, i see my notice of appearance, and NO judgements listed... so how are they able to do anything ?

LorneReams
Jun 27, 2003
I'm bizarre
I would treat it like any other unauthorized transactions.

baquerd
Jul 2, 2007

by FactsAreUseless
File a police report and dispute the transaction with the bank.

ohnobugs
Feb 22, 2003


Roundboy posted:

I've gotten a letter stating the usual 'we are suing you' etc, and i filed a motion of appearance to stop any default judgements.

But looking at my bank account now, i see that there is a $200 'check' made out from my account to the collection company. Its NOT a written check, so i assume electronic.

Looking at the online court records, i see my notice of appearance, and NO judgements listed... so how are they able to do anything ?

Well there's no way they're going to sue you now, unless they're incredibly stupid. Keep records of everything going on, notify your bank and file that police report.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

So my tooth is hurting so goddamn bad. I'm popping vicodin, naproxen, and everything else I can that won;t interract with each other. It's spreading to other teeth, and jesus loving christ. this pain. How bad of an idea is it to just get my teeth fixed, which will easily be 10k, rack up as much as I can medical wise, and get as healthy as I can, then go for bankruptcy?

ohnobugs
Feb 22, 2003


Go to your dentist and get some antibiotics before you lose a tooth. Right now. Please. If it is an infection it could spread and you could lose more than a tooth. You don't have to get expensive replacements immediately and generic antibiotics are dirt cheap.

lizardman
Jun 30, 2007

by R. Guyovich

lizardman posted:

Oh Jesus. I don't know where to go with this, here or the student loans thread or E/N.

Got a call yesterday from a collector saying I defaulted on a private student loan from Citibank that I thought had been discharged from a bankruptcy (I know I'm stupid for thinking this, it was listed among items that were discharged and unlike Sallie Mae I had never received a subsequent letter saying I still owed; and whenever I logged in to Citi's website it said "account unavailable due to death/bankruptcy/etc." and I thought that was that).

They want a lump sump of $8000+ or I give them about $5000 and then I can make payments afterward. Yeah.... I can't do this. I don't even work full-time at the moment and live paycheck to paycheck.

I wanna send a DV letter but they say by tomorrow they'll "consider other options" so I don't even know if I have time to do that. I really would like nothing more than to just deal with this loan like you would normally with an undefaulted student loan. I called Citibank out of desperation if they would take back the debt and they gave me an address to write a letter to.

Is it even possible to negotiate a reasonable payment plan from the collectors? I just don't have several grand lying around right now.

Just posting an update on this. I sent a letter demanding validation to these guys a day or two after they called me. Then I received a dunning letter from the collector (that was sent before they had received my letter) and nothing since.

However, I noticed this on the back of the letter:

quote:

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.

I know everyone here is IANAL, but does anybody know how it could be possible the collector could obtain a judgment against me without serving me and having my day in court? Is this an empty threat?

It's been nearly a month since I've heard from them. I wonder what they're planning?

T0MSERV0
Jul 24, 2007

You shouldn't expect to defeat him, he is designed to be a war machine.
That isn't a threat to get a judgement on your debt. It's saying that if the debt was originally due to a judgement, they'll provide proof of the judgement if you ask for it in 30 days. Apparently in those instances the person who got the judgement in the first place decided to sell it off to the collection agency.

Reene
Aug 26, 2005

:justpost:

7thBatallion posted:

So my tooth is hurting so goddamn bad. I'm popping vicodin, naproxen, and everything else I can that won;t interract with each other. It's spreading to other teeth, and jesus loving christ. this pain. How bad of an idea is it to just get my teeth fixed, which will easily be 10k, rack up as much as I can medical wise, and get as healthy as I can, then go for bankruptcy?

It won't cost that much. I've been exactly where you are, uninsured with ungodly horrendous tooth pain from an infection. In my case one of mine actually went necrotic so they had to extract it. They ended up pulling it and giving me antibiotics; it was a very quick procedure and I felt better INSTANTLY despite the gaping bleeding hole in my mouth and you can barely tell I'm missing a premolar. Total cost was under 150 dollars. Most of that came from my going in for an emergency visit.

Don't let the infection fester, other posters are absolutely right in that it can spread to other teeth and you will hate life even more. That poo poo can actually be fatal if you let it get bad enough. Also be careful with how much pain meds you're taking - acetaminophen can be toxic if you take high doses of it many days in a row! If you start getting stomach pains stop taking it and switch to something else. Naproxen is good.

Look up dental schools in your area, they'll generally do the work cheaper and they're just as good. Good luck, I do not envy you right now. :(

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

Reene posted:

It won't cost that much. I've been exactly where you are, uninsured with ungodly horrendous tooth pain from an infection. In my case one of mine actually went necrotic so they had to extract it. They ended up pulling it and giving me antibiotics; it was a very quick procedure and I felt better INSTANTLY despite the gaping bleeding hole in my mouth and you can barely tell I'm missing a premolar. Total cost was under 150 dollars. Most of that came from my going in for an emergency visit.

Don't let the infection fester, other posters are absolutely right in that it can spread to other teeth and you will hate life even more. That poo poo can actually be fatal if you let it get bad enough. Also be careful with how much pain meds you're taking - acetaminophen can be toxic if you take high doses of it many days in a row! If you start getting stomach pains stop taking it and switch to something else. Naproxen is good.

Look up dental schools in your area, they'll generally do the work cheaper and they're just as good. Good luck, I do not envy you right now. :(

I have really weird stomach pain. It itn't gas, I haven't had enough Acetaminophen to cause any problems, I didn't mix Ibuprofen and Tylenol, and I started with Vicodin and Naproxen. Honestly I have no idea what the hell it is. And now I figured that Vicodin with Addison's Disease may be a bad idea and noone knows why.I stopped taking the Vic after one day.

And to top that off, the walk-in clinic I go to has billed me because I forgot to mark my calandar one year in advance from when i gave them my pay information. And i apparent;y can't get out of it. There's another $400 I can't pay that will go to collections.



gently caress it. How do I declare bankruptcy on the cheap, and will they take my precious warhamms away from me?

Kilo147 fucked around with this message at 20:15 on Jul 25, 2011

lizardman
Jun 30, 2007

by R. Guyovich
^^ How in the hole are you? I wouldn't consider bankruptcy unless I was $10k in at least. Do you not have any income at all? You'd have to pay a lawyer to file bankruptcy unless you want to do all the work yourself.

T0MSERV0 posted:

That isn't a threat to get a judgement on your debt. It's saying that if the debt was originally due to a judgement, they'll provide proof of the judgement if you ask for it in 30 days. Apparently in those instances the person who got the judgement in the first place decided to sell it off to the collection agency.

Thanks for this.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

lizardman posted:

^^ How in the hole are you? I wouldn't consider bankruptcy unless I was $10k in at least. Do you not have any income at all? You'd have to pay a lawyer to file bankruptcy unless you want to do all the work yourself.


Thanks for this.

At this point, once the medical bills go through unpaid it will be a bit over 10k. And I have zero income, and feel like i'm going to vomit. I mean that literally.

Macys just called me. I talked with them, explained my situation, and even they, whom I owe money, recommended thinking about bankruptcy. I mean gently caress. When my credit card company says to think about it....




So I found a local guy who is offering to do it for super-low, and of all things answered his cell phone while driving. Not too shabby. He's a ways away, but it's almost half of what everyone else is offering. I still need income, but at least this is manageable. Last thing I need is to get a job only to have debt collectors come after it. I'd rather have lovely credit.

Kilo147 fucked around with this message at 23:14 on Jul 25, 2011

samizdat
Dec 3, 2008
Look for legal aid for low-income people in your area, if you have no income then they can help you file bankruptcy.

Kudaros
Jun 23, 2006
I have a debt that I am sure is not mine. It is on my credit report, showing delinquent since Sept. 2006, though the original account was opened in 2005. It is basically a cable bill sent to collections.

It is scheduled to expire from my reports in May of 2012. It is valued at $594. My credit score is 703 according to one of the Bureaus. I plan on applying for a new credit card soon(my old one has my father co-signed on it and I would like to remove him from that risk). I will be canceling the old one.

The debt is from another state, where I have visited during various summers, but I have never lived. There is an address showing up in said state, where I have never lived.

There is also an address in the city I live in where I have never lived. This is not hurting me, as far as I know.

I would like to know if it is worth it to work toward removal of the debt. Even if it isn't, would a Demand Validation Letter sent to this agency be the first step? Should I say that I suspect the debt is not mine (it most certainly isn't. I have never bought cable anywhere.)?

How would I go about removing those wrong addresses from my report? What kind of resistance can I expect?


This thread has been most interesting, I'm up to about pg. 16 in reading it so forgive me if this has been answered.

Reene
Aug 26, 2005

:justpost:

It's absolutely worth sending a DV letter to the agency responsible for it. Be sure to demand in the letter that they delete the debt from your records if they are unable to furnish proof the debt is yours.

BonerGhost
Mar 9, 2007

Does anyone know what to do for a collector that calls or sends letters but doesn't report to the credit reporting agencies?

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baquerd
Jul 2, 2007

by FactsAreUseless

NancyPants posted:

Does anyone know what to do for a collector that calls or sends letters but doesn't report to the credit reporting agencies?

What's your objective?

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