|
Great Horny Toads! posted:Skipped out on a lease over a month ago. Landlord threatened to "take me to collections". How long would it actually take to get a collection agency after me? Do they call and badger, or does the amount owed just go straight to your credit history? How would I know if he did anything at all about it? Depending on your state: No set time frame, he could hand it over to collections today. They'll probably call and badger, put it on your credit (which will make it hard to get another lease) and possibly sue you to recover. The collection agency is probably a good thing in that they'll usually settle for less than full amount and maybe willing to delete mention of it on your credit.
|
#
?
Jan 11, 2013 23:24
|
|
|
|
| # ? May 10, 2024 22:43 |
|
|
I sent a debt validation letter to a debt collector a while back. They never responded, and now that I'm checking my credit report, I see an entry for them that reads: ACCT INFO DISPUTED BY CONSUMR; >PLACED FOR COLLECTION< Time to call them up and try to negotiate a pay-for-delete?
|
|
#
?
Jan 12, 2013 00:55
|
|
|
I was sued for CC debt. I did what I was supposed to and responded. It is clearly time barred in my state. When I pointed this out in my response to motion for summary judgment they came back with a response to that saying in essence ok but we want to use the law of the state the bank was registered in instead. Does that ever hold up? Is this the point where I need to lawyer up?
|
|
#
?
Jan 12, 2013 02:12
|
|
|
borodino posted:I was sued for CC debt. I did what I was supposed to and responded. It is clearly time barred in my state. When I pointed this out in my response to motion for summary judgment they came back with a response to that saying in essence ok but we want to use the law of the state the bank was registered in instead. Does that ever hold up? Is this the point where I need to lawyer up? In Texas you have to plead the "affirmative defense" of the statute of limitations in your answer/denial. They argue the point about the "other state" all the time. A few things come in to play and a lawyer will be able to point you in the right direction.
|
|
#
?
Jan 12, 2013 03:06
|
|
|
I'm working on rebuilding my credit so I can get a house this year. I searched the public records of the county I used to live in and found a judgement against me in 2008 for CC debt. (Backstory, I was young and dumb with credit, then I got a summons and was terrified to face it; same old song and dance.) What are my options for clearing a completed judgement?
|
|
#
?
Jan 12, 2013 04:06
|
|
|
I received a letter regarding an accidental overdraft of an unused bank account. I sent back a pay to delete offer. They sent back a letter accepting the settlement amount, but stated my credit report would be marked "settled in full." What's the best response to try to push for a delete? This surprise came about right after I was approved for an auto loan, and the combination dropped my score a solid 100 points, so I'd really like to get that cleared up.
|
|
#
?
Jan 12, 2013 15:08
|
|
|
GreenBuckanneer posted:It was back in july, I denied service and told them I wanted to go home. They refused and said I had to stay the night regardless. I had insurance at the time, but the insurance coverage ending at the end of august. I've never been at the hospital ever before and certainly not the ER, so I was ignorant that they'd actually give me a bill, as they didn't give me a bill when I left I figured there wasn't. And there was no information for me until three months later when they sent me a bill. What insurance? Blue Cross? Aetna? Cigna? UHC? (Something not major?) Unfortunately, since we're talking July, a lot of them waive for timely after 180 days (6 months), so this might be your responsibly. quote:Additionally previous information handed to them concerning insurance, they said was wrong, though I noticed they spelled my last name wrong on bills sent to me, so I don't know if that factored into them not being able to find information. Yes, that would most definitely play a factor into the reason why they said it was wrong. Did you notify them that the name was misspelled on the claim? Without the corrected information, even if the provider billed to insurance, the insurance itself could deny because they could not identify you as the one being insured. Also, for future reference: it is considered courtesy for the hospital provider to file your insurance for you. It is ultimately your responsibility to make sure that your insurance receives the information. Take it from me. I had to negotiate with HCA billing for an emergency room visit that I had. At the time of service, the person who took my basic information wrote my date of birth wrong. They even told me it wouldn't have been a problem. I made sure they received my correct information by faxing over a copy of my driver's license to HCA, my insurance, and every other associated billing agency so they had my correct information on record. In the end, HCA billed everything correctly after review and I was able to set myself up on an affordable payment plan.
|
|
#
?
Jan 12, 2013 19:51
|
|
|
I apologize if this question has been answered in this thread (given the length I imagine someone has brought it up, but I couldn't find anything in the pages I looked at or in the OP): I was addicted to a legal opioid for a couple years and accrued about ~$6000 in credit card debt as a result. But that isn't really the problem; the credit card debt by itself would be doable and I've been paying the minimum payments (I can't really pay more than that, and unfortunately minimum payments result in the balance not going down at all, but I'm not getting hounded about it). I'm probably paying some absurd effective interest rate on this debt (I wouldn't be surprised if it ends up being >100% in the end; the various charges financial institutions add on are a good way to conceal what amounts to gross usury), but it's still not the main issue. The problem is actually with the medical debt associated with the drug screenings I get every month from my suboxone doctor. I actually have very good health insurance (I'm an employee of a state university), but insurance only covers about 60-70% of the lab tests, which average around $1800-2000. Even 10% of the total amount owed would be beyond my ability to pay, so negotiating a lower price is out of the question and I have been ignoring this with the intend of declaring bankruptcy once I no longer need those monthly screenings (since it doesn't seem like it would make since to do it while I'm still expecting more charges to be incurred in the future). I have been ignoring these charges for over a year and have not been sued. I receive frequent phone calls from debt collectors, but nothing more. Is it normal for medical debt to be less litigious than credit card debt? I imagine that failure to pay medical debt is even more common than failure to pay credit card debt; after all, it's way beyond the ability for probably half of the population to pay, and in many cases it's unavoidable. Regarding the bankruptcy thing - I will be applying for a PhD this coming fall (so I'd be starting the next fall and won't need any loans because it's a STEM degree and will pay a stipend) and will not be doing anything that will require a large loan for a minimum of 5-6 years (zero plans to get a house, no dependents or significant other), so I figure that if you have to declare bankruptcy there isn't really a better time to do it.
|
|
#
?
Jan 13, 2013 09:03
|
|
|
I recently had 3 voicemails (split over 2 different days) left for me at my number saying to call back such and such number about a matter attached to my name (they had stated my name). I called them back and they claimed they would not talk to me until I verified my social security number. I called bullshit on that, never confirmed or denied anything but my name and phone number and indicated several times that I have a unique name and in all my years of being alive I am the only person that I know of with that name, let alone at this particular phone number. The original woman that called me transferred the call to a "Mr. White" I positively verbally identified myself by name/phone number to "Mr. White". I believe they did not intend to, but they gave me a company name. This company name is not a registered debt collection agency/lawyer in my state. After that one slip of saying the company name the woman I spoke with originally would not confirm it and did not state it again for the remainder of the phone call. Mr. White also would not re-state or confirm the company name. It was a pretty abusive call, I wish at the time that I had an easy way to record phone calls (which I now do), them claiming I don't know the laws blah blah trying to badger me into giving social security information over the phone to someone that wouldn't identify themselves even after I confirmed that I was the person named in the voicemails. I asked them directly several times during our brief conversation if they were a debt collection company or if they were trying to collect on behalf of third party for money that somebody was alleging that I owe. They said no that's not what they were, then went on to cite fair debt collection practices act which they were claiming required me to identify myself by name/social before they could speak with me. By that point I had stated several times that I was Person McPerson at phone number xxxx and what is this matter regarding, and reminded them of this fact. The whole conversation got heated, I was at work and pretty upset by the end of it, but I know my rights and these fuckers violated it a few times if they are indeed trying to collect a debt that they claim I owe (whether I actually owe it or not). I had two different phone #s that the voicemails were left from, and I called each one back and asked simply "what is your mailing address I have correspondence that I need to send to you", at which point I was hung on immediately. The clock is now ticking for them to send me a letter in the mail regarding this alleged debt, but in the meantime the whole thing brought up this realistic scenario of what if a debt collector refuses to give you their mailing address or identify themselves but continues to try and collect on an alleged debt? In all the laws, my rights as a consumer require me to mail in writing (and retain proof for my records) requests for all communication to be in writing, and other things. (obviously blocking their phone number and/or just hanging up when they call is an option, but letting them continue to violate the FDCPA while I retain records of their violations would be preferable) As I understand my rights, they have to postmark a letter within 5 business days detailing the amount I owe, and to who, and also include their company name/address and the two mandated debt collection statements for the original dunning letter. Upon receipt of this letter, I then have 30 days to postmark (via certified mail for my records) my written dispute of the debt, demand for validation of the debt and to demand that all further communication be in writing. While all of this happens they cannot initiate further communication with me while I ponder my response and my rights (this part I'm not 100% sure on)(edit: I found an official answer to that and the answer is yes they can continue collection efforts but every communication must include the 30-day notice rights notice, and they cannot attempt to demand payment prior to the 30-day validation/dispute window closing). edit: bolded the question mr. nobody fucked around with this message at 02:35 on Jan 15, 2013 |
|
#
?
Jan 13, 2013 19:58
|
|
|
mr. nazi posted:SS number Good for you. I would call the police and report attempted fraud, giving them the phone numbers you have.
|
|
#
?
Jan 14, 2013 01:10
|
|
|
"Dear deptstoremook, Based on the information provided to us, we have instructed the three major credit reporting agencies to delete the above referenced [...] account from your credit file." Just by following the instructions in the OP! I have several other such accounts, and I'm wondering if I should be actively pursuing deletions and settlements with them. They are not contacting me right now, so my usual "street smart" impulse says to let sleeping dogs lie, but they are negative marks on my credit report that are not set to expire any time soon. Thoughts? I'm really glad this thread worked for even one account, though!
|
|
#
?
Jan 16, 2013 04:46
|
|
|
Holy Wars Fistula posted:What insurance? Blue Cross? Aetna? Cigna? UHC? (Something not major?) Insurance was "medco" apparently. It was provided through the school in mass, so I don't even know if that covers ER visits. I notified them the name was wrong yes but so far I don't know what's come of it. I sent them a certified letter they got monday, and I had no time to contact them today. I'll call them up tomorrow and see what's up. I don't understand how they got it wrong, they asked for my license and everything. My dad would have known what to do, but I didn't want to tell him what happened. Could I negotiate a payment plan on a portion of the bill on terms of financial hardship? I am poor as gently caress. Like very poor.
|
|
#
?
Jan 16, 2013 04:58
|
|
|
deptstoremook posted:"Dear deptstoremook, If they're within the statute of limitations in your state, you're wise to leave them alone.
|
|
#
?
Jan 16, 2013 06:27
|
|
|
GreenBuckanneer posted:Could I negotiate a payment plan on a portion of the bill on terms of financial hardship? I am poor as gently caress. Like very poor. In my experience, yes. You may well even be able to get them to waive some/all of the bill if you have limited/no income. (You could also very well qualify for state medical assistance, though I doubt it would cover past bills.)
|
|
#
?
Jan 16, 2013 14:56
|
|
|
I recently received a dunning letter for a medical bill slightly over three years old. I requested validation and received a copy of the billing history in return; should my next step be a pay-for-delete offer?
scremlin fucked around with this message at 01:07 on Jan 17, 2013 |
|
#
?
Jan 17, 2013 01:00
|
|
|
My wife and I live in Canada, but my wife is from Pennsylvania and is here on a visitor visa. During her time in University, she ran up two credit cards and stopped paying bills while she lived in Canada. I helped her do this. We're both dumb, and have always been poor. My wife just received word that her grandma received a collection letter signed by the local sheriff. The letter mentioned two collection companies (which is weird for them to share a letter??), and two amounts ($2700 & $4000). The letter was delivered opened. It states we have twenty days to contact the sender and sort something out (her family has no scanner, and no way to show us the letter), or there will be a court date. We would like to avoid this. I have two questions: 1 - What are our odds of negotiating with this company to buy out the debt at anything below the full amount? Or even to pay it off at a reasonable monthly payment. We can probably scrape something together for them on a monthly basis, but if they demand the lump sum full amount, we're screwed. 2 - My wife is furious that the letter was delivered opened, and that her family became privy to our money woes. She's learned that if these companies break any laws, the case (and debt?) is dropped and forgotten. Should we get a lawyer to pursue this? Is it something we could reasonably sort out in twenty days? And will it blow our chances at this if we contact them and proceed with trying to clear up this mess? Thanks so much for your help, dear goons, I feel like this is rock bottom for us. We're both ashamed and scared. Edit: after a day of googling, it's strange to me that these 'collection papers' were served, instead of being served with papers with a court date. Has anyone here ever been served with papers that just said 'sort this out in twenty days, or we'll set a court date'? Unfortunately, getting to see the papers via any method other than regular mail will be difficult, so we're flying blind. Edit again: I've just learned that it was two letters delivered, one from Midland Funding and one from RemitCorp, two junk debt collectors. They were delivered by a deputy loose, not in envelopes, to my mother-in-law. They recommend getting a lawyer or contacting free legal aid (which we have done). DavidAlltheTime fucked around with this message at 03:26 on Jan 17, 2013 |
|
#
?
Jan 17, 2013 01:08
|
|
|
DavidAlltheTime posted:debt collector stuff I've recently taken a lot of steps to inform myself of my rights, as well as a collection agency's responsibilities under the law. I suggest reading the following link and how it applies to your situation: edit: really, read it all and understand it, you'll stop fearing these jerks https://www.privacyrights.org/fs/fs27-debtcoll.htm I would then followup reading up on if your state has its own version of the fair debt collection practices act law on the books, it could provide additional legal rights to you. (mine is located at my attorney general's website, google <state> attorney general, and look for a debt collection regulation section) Their initial communication (required within 5 days of first telephone contact with you) has to state certain information, and cannot be deceptive/misleading. You then have a 30 day window to (in writing, via certified mail w/ return receipt) dispute and request validation of the debt. That's pretty much step one as required by the fair debt collection practices act, as I understand it. edit: one thing I found out through reading both the federal and my state's fdcpa requirements, my state requires agencies to be licensed and registered and there is a public list online of all currently licensed collectors. I am including checking everybody against this list as part of my "step one" with collection agencies because they simply cannot collect from me in my state if they don't have a license another edit: keep records, in chronological order, of all communications to/from them, indicate in your notes any adverse feelings and violations of the law on their part (shamed by your family seeing your financial situation, anxiety because the sheriff was somehow involved, violations related to lack of initial validation letter after/as first contact with you that lacks the federally required disclaimers, violations related to misleading you about your rights by indicating if you don't pay within 20 days they say they'll take you to court when you legally have 30 days after initial contact to dispute the debt and demand validation by the original creditor, they are even in violation if as a normal course of business they do not take people to court or if they are not allowed to take you to court (the debt cannot be "time-barred", research statutes of limitations on credit card debt and how they apply to your situation), it is an additional violation as I understand it for them to threaten court action on a known time-barred debt Check your state guidelines to see what makes recording a phone call legal, record (if legal) any phone communication between your significant other and them. In my state, there is a limit on statutory damages that can be awarded if you take a collection agency to court, maximum 1000.00 regardless of the # of violations that occurred. In some states, that limit is 1000.00 per violation. If you have their mailing address you can mail them a certified letter demanding that they only contact you via mail, and at the same time you can demand validation of the debt which you dispute as belonging to you, inform them of any known violations of the FDCPA that might have already occurred. Records, records, records. There are good example dispute letters at the bottom of the link above (not legal advice) mr. nobody fucked around with this message at 15:51 on Jan 17, 2013 |
|
#
?
Jan 17, 2013 06:20
|
|
|
I have a hospital bill for around $2,800 which got sent to collections a few months ago. I ignored it, and have now received three letters from the agency. The first one was basically a simple request for payment, the second was a much more aggressive and sarcastic demand, and the third, which I just received, says "unless you pay your bill in full, when our cancellation report is sent to your creditor it will report that you either refuse to pay your bill or that we have had no response to our efforts to get you to pay your debt." A few questions for you guys: -What should I make of this most recent letter? I don't even really understand what that line means. -What are the chances they'll sue me, and what sort of timetable would I be looking at for that? The hospital bill was from June 2012 and IIRC my account got sent to collections in... September? -I'm planning to leave the country in early April. If I'm being sued can I be prevented from doing so? Basically, what's my next step here? I would happily pay the bill if I had the money, which I don't at the moment (moving abroad because I have a much better job lined up). I could probably afford to pay them up to $500 or so out of pocket. My credit is not my biggest concern here, so is it worth calling them up and saying "look, I'll pay you a few hundred bucks and you leave me alone forever" (ie, if I'm willing to settle without pay-for-delete could I get a better deal)? Thanks in advance for any advice you can give me.
|
|
#
?
Jan 17, 2013 23:13
|
|
|
DavidAlltheTime, You don't have enough solid info in your post to give any informed advice. I want to clarify a few things though quote:She's learned that if these companies break any laws, the case (and debt?) is dropped and forgotten. Not exactly. There can be damages associated with violating provisions of the FDCPA and other applicable laws, but there's no "hey you messed up so nanny nanny boo boo you can't catch me". quote:1 - What are our odds of negotiating with this company to buy out the debt at anything below the full amount? Or even to pay it off at a reasonable monthly payment. We can probably scrape something together for them on a monthly basis, but if they demand the lump sum full amount, we're screwed. Depends. Not enough details. How old is the debt? When was the last payment made? Who was the original creditor? All these things matter. A 1 year old debt with Capital One is going to get different advice than a 6 year old debt from American Express. quote:Edit: after a day of googling, it's strange to me that these 'collection papers' were served, instead of being served with papers with a court date. Has anyone here ever been served with papers that just said 'sort this out in twenty days, or we'll set a court date'? Unfortunately, getting to see the papers via any method other than regular mail will be difficult, so we're flying blind. Different states have different laws. I'm not familiar with PA law, this may be a requirement there prior to filing a lawsuit. I'm not a lawyer, and I'm not familiar with PA law at all, but my instinct here says these guys are gearing up to sue to your wife and get a default judgement and then try to go after whatever monies or assets they can. This is the last thing you want to happen. I suggest trying to work something out if possible. Being in Canada you'll probably need to find a consumer debt lawyer in PA, or possibly a Chapter 7 Bankruptcy attorney if things are as bad as you make them out to be. Debt is scary, but this isn't rock bottom. The WORST thing you can do is ignore this. Get informed, get council, and get in front of this problem. I suggest getting a copy of those papers any way you can. Can they fax them to you? Take a camera phone picture of them? Take them to kinkos and have them scan them to a thumb drive. Try to find a way. Saint Rockhopper, It sounds like right now the hospital still owns the debt and is having a 3rd party try to collect their money. The 3rd letter is more than likely saying we're going to tell the hospital we tried to collect the debt but couldn't at which point the hospital may sell the debt to a medial collections company, or try more aggressive collection methods. IANAL but I don't think a civil lawsuit can stop you from leaving the country. Honestly your best bet at this point is to get in front of this debt and try to work something out. Hospitals are very flexible in my experience but you have to talk to them and try to work something out. You just can't keep ignoring it. Well you could. typo demno posted:I recently received a dunning letter for a medical bill slightly over three years old. I requested validation and received a copy of the billing history in return; should my next step be a pay-for-delete offer? Is it even on your credit report? Pay For Delete is useful for people trying to repair their credit. If it's not on your credit report I wouldn't worry about the PFD part of it.
|
|
#
?
Jan 17, 2013 23:53
|
|
|
Saint Rockhopper posted:
Dunning letters - creditors have a whole system of collecting money. They alternate tones between threatening and nice. Classic A/B testing. It's on your credit report now, them reporting it any different isn't going to affect your credit much if at all. They are just trying to use that as leverage and scare you. Saint Rockhopper posted:-What are the chances they'll sue me, and what sort of timetable would I be looking at for that? The hospital bill was from June 2012 and IIRC my account got sent to collections in... September? No way to tell. Capital One will sue for $500.00 other lenders have a higher threshold. They can sue you any time within the statute of limitations (which vary from state to state). Saint Rockhopper posted:-I'm planning to leave the country in early April. If I'm being sued can I be prevented from doing so? Saint Rockhopper posted:Basically, what's my next step here? I would happily pay the bill if I had the money, which I don't at the moment (moving abroad because I have a much better job lined up). I could probably afford to pay them up to $500 or so out of pocket. My credit is not my biggest concern here, so is it worth calling them up and saying "look, I'll pay you a few hundred bucks and you leave me alone forever" (ie, if I'm willing to settle without pay-for-delete could I get a better deal)? It's free to try, the worst they can say is no. *Not your attorney, just general information.
|
|
#
?
Jan 17, 2013 23:54
|
|
|
skipdogg posted:Is it even on your credit report? Pay For Delete is useful for people trying to repair their credit. If it's not on your credit report I wouldn't worry about the PFD part of it. It is.
|
|
#
?
Jan 18, 2013 00:10
|
|
|
skipdogg posted:DavidAlltheTime, Sorry for the lack of details. My wife has three cards maxed out in the states. Paypal, Chase, and Citibank. Payments on these stopped two years ago. The papers should be in the mail and in our hands by early next week. Thanks for the response, skipdogg. Edit: My wife talked to the free legal aid offered in her county. The gist of what the lawyer told her was to ignore this. She has zero assets in the states, no money in her bank account there, and for such a low amount they wouldn't try to transfer the case to Canada. He said if we want to pay it, offer to pay 30% of the total amount, which she wants to do, because as of right now, only her mother knows about this, not her father, and if her father knew he would go apeshit. It makes sense to ignore it if she has nothing to garnish or seize, but it still doesn't feel right somehow. And I don't need an apeshit father-in-law either. DavidAlltheTime fucked around with this message at 05:15 on Jan 19, 2013 |
|
#
?
Jan 18, 2013 09:01
|
|
|
NCA had been calling me lately trying to get money and the rep I spoke with today said they were going to contact an attorney in my area (and stated it in the last letter they sent me) and said they couldn't legally do a pay for delete and that after today if they didn't have a settlement offer it was outside of my window. I've read some things that NCA has some pretty slimey practices, is that still true of them?
|
|
#
?
Jan 18, 2013 16:58
|
|
|
Don't talk to them on the phone if you can help it, get everything in writing. I think the whole "getting a lawyer" is them trying to rattle your cage; they probably already have a lawyer on retainer in your area and just want to get you nervous about legal action since they can't legally threaten you with a lawsuit unless they're already prepared to sue. Have they sent proof and confirmation of the debt, that the debt is yours, and that they're allowed to collect that debt (licensed in your state, authorized by the creditor or bought the debt, etc.)? Have you provided information or evidence to that effect?
|
|
#
?
Jan 18, 2013 17:31
|
|
|
Saint Rockhopper posted:I have a hospital bill for around $2,800 which got sent to collections a few months ago. $500 might be good for a down payment on a lower arrangement, but depending on the hospital provider and their specific preference for how they want their accounts to be handled, that's probably going to be your best option. But, for a settlement? $500 dollars will not cut it on a $2800 bill. That's an 18% recovery rate--are you serious? Since you're traveling abroad, you obviously have some kind of income or have saved up for it/some kind of means. A hardship is for those who are on a fixed income--like the elderly on SSI--who have no reliable means or property to their name.
|
|
#
?
Jan 19, 2013 23:37
|
|
|
DarkHorse posted:Don't talk to them on the phone if you can help it, get everything in writing. I think the whole "getting a lawyer" is them trying to rattle your cage; they probably already have a lawyer on retainer in your area and just want to get you nervous about legal action since they can't legally threaten you with a lawsuit unless they're already prepared to sue. Have they sent proof and confirmation of the debt, that the debt is yours, and that they're allowed to collect that debt (licensed in your state, authorized by the creditor or bought the debt, etc.)? Have you provided information or evidence to that effect? I may have hosed up by not responding to their first piece of mail over a month ago, and they kept calling me reminding me they were going to contact an attorney in my area. I told them finally on Friday to stop calling me and only correspond through snail mail. They had said that I couldn't do a pay-for-delete and that even if I pay them, it will appear as a Settled in Full (which is what I expected) and the OC won't take it off my credit report. Might have screwed the pooch but I'm wondering if they're just bluffing and simply hand over the debt (about $1800 after their BS interest from $800) to another CA.
|
|
#
?
Jan 20, 2013 08:03
|
|
|
Lblitzer, here's a nice quote from the OP.CubsWoo posted:[b]NOTE: NOTHING IN MY POSTS SHOULD BE CONSIDERED LEGAL ADVICE. I AM NOT A LAWYER, NOT AN ATTORNEY, JUST A GUY WHO USED A LOT OF INTERNET TO FIGHT AND WIN LAWSUITS. IF YOU ARE IN A SIMILAR SITUATION TAKE MY ADVICE TO A LAWYER FOR A PROFESSIONAL OPINION.[/b[ If they won't give you a Pay for Delete, ask to speak to their supervisor.
|
|
#
?
Jan 20, 2013 17:23
|
|
P.S. STILL COMPLETELY DEVOID OF MERIT
|
Re-posting this from E/Nquote:
|
|
#
?
Jan 22, 2013 19:31
|
|
|
Is it possible for a creditor to come after you for a jointly liable account if the account was opened when you were a minor (the other party involved is a relative)? I'm looking for is to get the account removed from my fiancee's credit report. The account is still listed as charged off under the original creditor, and we have not received any collection notices. What are our options here? We've already tried disputing the item with the credit reporting agencies through their website.
|
|
#
?
Jan 23, 2013 06:59
|
|
|
Initio posted:Is it possible for a creditor to come after you for a jointly liable account if the account was opened when you were a minor (the other party involved is a relative)? I'm looking for is to get the account removed from my fiancee's credit report. The account is still listed as charged off under the original creditor, and we have not received any collection notices. How long ago was it? How good of terms are you with the relative (was it a co-signer situation?). Rattling sabers about being a minor could land the responsibility for the debt onto the only person they could legally have a chance of going after. If nothing at all is done it would remain for 7 years since last payment as I understand things.
|
|
#
?
Jan 25, 2013 05:43
|
|
|
The debt was charged off towards the end of 2009 after 6 months of non-payment, but it's for a seriously large amount. Somewhere north of $10k. The relative isn't very high up there on the list of people we like, but it's still family.
|
|
#
?
Jan 25, 2013 16:15
|
|
|
My friend's mother sent her to college on her dime. Her mother started doing shady things before she died, and it came to light that college was being paid for with loans forged with her daughter's name. Can she prove that she didn't sign anything now that debt collectors are suing her?
|
|
#
?
Jan 25, 2013 18:45
|
|
|
I'm wondering if discussing strategic default (for a mortgage) would be OK in this thread. Bringing it up anywhere else, including the home buying thread seems to cause goon rage. Since this is the thread where the OP tells the story of how he got away with not paying any of his debt I assume it's OK. I can't believe I forgot this thread existed. edit: I don't expect help/advice from the OP (since he stated he doesn't have experience with it) but it seems I can't bring it up anywhere else and there's a chance other goons have advice/experience with it. Sephiroth_IRA fucked around with this message at 20:20 on Jan 25, 2013 |
|
#
?
Jan 25, 2013 19:58
|
|
|
Orange_Lazarus posted:I'm wondering if discussing strategic default (for a mortgage) would be OK in this thread. Bringing it up anywhere else, including the home buying thread seems to cause goon rage. Since this is the thread where the OP tells the story of how he got away with not paying any of his debt I assume it's OK. I can't believe I forgot this thread existed. The key thing to know is if your state allows for deficiency judgments. If the lender thinks you have assets and the state allows deficiency judgments, they could sue you for the difference between what they got at the foreclosure sale and the remaining balance on the note. I would also mention that I'm seeing lenders more willing to do principle reduction for folks, seems like a better route to go. Edit: also short sales are being approved more and more in my area. Might try just short selling the property.
|
|
#
?
Jan 25, 2013 20:34
|
|
|
I live in North Carolina so it's a non-recourse state and that's all I really know at the moment. My guess is I should speak to a lawyer to get an idea if there's any actions the bank could take against me besides damaging my credit and whatever protections my state has given me. Will the bank even consider a short sale for someone who technically can pay the monthly mortgage payment or the difference?
|
|
#
?
Jan 25, 2013 21:06
|
|
|
Orange_Lazarus posted:I live in North Carolina so it's a non-recourse state and that's all I really know at the moment. My guess is I should speak to a lawyer to get an idea if there's any actions the bank could take against me besides damaging my credit and whatever protections my state has given me. Best to speak with a Realtor on that last one, they'll have a better feel for how the lenders behave in your area.
|
|
#
?
Jan 25, 2013 21:32
|
|
|
lwoodio posted:My friend's mother sent her to college on her dime. Her mother started doing shady things before she died, and it came to light that college was being paid for with loans forged with her daughter's name. Can she prove that she didn't sign anything now that debt collectors are suing her? I don't have any advice, but identity theft, by her own mother? That's loving low.
|
|
#
?
Jan 26, 2013 02:06
|
|
|
lwoodio posted:My friend's mother sent her to college on her dime. Her mother started doing shady things before she died, and it came to light that college was being paid for with loans forged with her daughter's name. Can she prove that she didn't sign anything now that debt collectors are suing her? Here's a very similar story from another goon and the steps she took to clear her name and credit. Hope it helps!
|
|
#
?
Jan 26, 2013 02:59
|
|
|
I was just served with court papers for a school debt. No court date, just a 30-day deadline to respond or they will pursue a default judgement. My situation: I am currently repaying defaulted loans under a debt rehabilitation program. The debt rehabilitation is for a $15,000 loan amount. Once I finish the rehabilitation program in a couple months I will pay the normal payment. I had one apparently unpaid tuition bill that was approximately $1400. I had forgotten about this bill. I received a call from a process server, after which I called the school directly to see what was going on. They told me about the unpaid bill, and that I could pay them in full if I so desired. I immediately drove to the school and paid the bill, getting a receipt showing "paid in full." The process server served me, and apparently the debt collection company wants about $500 in legal fees. What is my recourse here? I was shocked that a company would go immediately to a lawsuit over such a small amount. What should(or can) I do with this debt collector? I have about two weeks left to respond.
|
|
#
?
Jan 27, 2013 18:16
|
|
|
|
| # ? May 10, 2024 22:43 |
|
|
Edited and reasked.
Delta-Wye fucked around with this message at 21:23 on Feb 7, 2013 |
|
#
?
Jan 28, 2013 21:42
|
|
