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Our combined yearly income (which is apparently based on GROSS? you can deduct taxes later on, apparently, but still) is over the threshold for our area but based on the IRS allowances and other stuff like a car payment, we seem to pass the test. So yeah, I need to find an attorney.
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Feb 8, 2013 17:18
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Agent 86 posted:I'm being sued by a collector in Collin County TX for a $5K credit card that was charged off a couple of years ago. Are you available for hire or can you recommend a lawyer that would be able to handle this case. I was served last night. Sent you a PM
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Feb 8, 2013 21:18
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If your state allows for "8% per annum, compounded annually." how are partial-year periods calculated? example: $100.00 starting principal, "8% interest per annum, compounded annually." allowed, interest starts accruing Jan 1st, 2008 Jan 1st, 2009: interest accrues on $100.00, new balance $108.00 Jan 1st, 2010: interest accrues on $108.00, new balance $116.64 July 18th, 2010: 116.64? no accrual until jan 1st, 2011?  What is the new balance supposed to be for the above example? Am I right in the first two calculations? The reason I ask is because I got two letters from a collection agency dated a few weeks apart and the interest amount has changed (during the 30 day window following their first contact with me after I disputed through the credit reporting agencies) and I am now confused about interest. I've not been able to find a simple explanation/formula that matches the amount(s) they are listing.
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Feb 9, 2013 00:44
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mr. nazi posted:If your state allows for "8% per annum, compounded annually." how are partial-year periods calculated? They are making up numbers. Also state usury laws can't be enforced because of some dumb court rulings about interstate commerce.
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Feb 9, 2013 01:03
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mr. nazi posted:If your state allows for "8% per annum, compounded annually." how are partial-year periods calculated? Your first two calculations are spot on. They can't charge interest on the interest until next year, but they might be able to collect a partial year's interest on the debt's principal as it stood at the beginning of the year. Pretend Able and Bob both owe $100. If Able pays $50 in February 2009, and Bob pays $50 in December 2009, they both will owe $54 in 2010, because they can't be charged interest until the next year. If Able paid off his debt in February 2010, he could potentially be charged $54.73 ( (54 * 0.08) = 4.36; 4.36 * (2/12) = 0.72666; 54 + 0.73 = 54.73) . If Bob pays off his debt in December 2010, he could potentially be charged $58.00 ( (54 * 0.08) = 4.36; 4.36 * (11/12) = 3.996; 54 + 4.00 = $58 ). So in your example, you might owe somewhere around 122.08 on July 18.
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Feb 9, 2013 01:24
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P.S. STILL COMPLETELY DEVOID OF MERIT
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Roger_Mudd posted:They are making up numbers. Also state usury laws can't be enforced because of some dumb court rulings about interstate commerce. Original creditor, collection agency, and myself are all in the same state and have been since the start of my debt to orig creditor. Does that change anything? I've sent them a dispute letter requesting an itemization of all interest accrued and when it was compounded, as well as a request for a simple formula so that I can easily tell the amount of interest on any given day so that should I decide to negotiate a settlement I'd know what the outstanding balance is since apparently it changes all the time. Thank you for the replies, even the way Guesticles is calculating things I can't get the same number they do, even using interest on the most recent "Jan 1st " compounding. Hoping that officially disputing the interest until they itemize it was the right move. Had to get it out the door before the 30-day window after initial communication expires.
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Feb 9, 2013 01:57
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Are 1099Cs supposed to be sent out by a certain deadline?
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Feb 16, 2013 04:35
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1099M and 1099I had to be postmarked by Jan 31st, I'm not sure if/why the C form would be any different.
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Feb 16, 2013 04:56
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I'm sure this has been addressed, but I have been in a protracted battle a shady collections company over an alleged debt, and they keep calling my parents (which is just adding stress to the situation) and have refused to cease contact with them, and with me. I have repeatedly told them, on no uncertain terms, they are not to speak to anyone other than me, that they are not to call anyone but me, but they keep calling my parents' home phone and demanding money. Is there any kind of recourse? e: They also double-charged my bank account on a payment, which meant I couldn't get a refund for a week on the "accidental" withdrawal, causing a cascade of over-draft fees and forcing me to be late on other bills/rent. I seriously don't know what to do, these people won't leave me the gently caress alone (the last time I spoke to them, they said if I didn't pay THAT DAY, it would negate all prior payments I'd made). e2: I just spoke to them, told them to cease and desist AGAIN. The first guy I spoke to refused to give me their mailing address, demanded my parents' phone number (I wouldn't give it to them), refused to speak to me and kept interrupting -- even though I repeatedly said "I've had to ask multiple times for you to ONLY contact me." Finally he said, and I quote, "if you would just pay your debts and stop wasting time, we wouldn't have to keep calling them!" and again refused to give me their mailing address. Then passed to a supervisor, and I told him to cease and desist all contact via telephone, he said all numbers associated with the accounts were removed, had no answer to why first guy wouldn't give their mailing address, and I reiterated that all communication should be in writing, to my address, ONLY. I've gone through this song and dance at least a half-dozen times, but they keep calling. Seeing a lawyer on Wednesday morning through university legal services. I'm a student on a VERY fixed income and am unsure how else to proceed. I've documented all interactions with this company. leahlionheart fucked around with this message at 23:50 on Feb 21, 2013 |
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Feb 21, 2013 19:10
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leahlionheart posted:I'm sure this has been addressed, but I have been in a protracted battle a shady collections company over an alleged debt, and they keep calling my parents (which is just adding stress to the situation) and have refused to cease contact with them, and with me. Read this in its entirety to empower yourself by knowing your rights: https://www.privacyrights.org/fs/fs27-debtcoll.htm quote:May a debt collector contact my neighbors or family members about my debt? quote:I am being contacted by a collector looking for my former roommate, neighbor, or relative. Can I stop this? You/they must assert all of your rights in writing to best protect yourself and as later proof if you further pursue action against this company for violating your rights. It's all about the records and the proof if it goes to court. Check the laws of your state, if you are able to have your parents record one of the phone calls they receive, that would be potentially valuable later. edit: I just saw that they won't give you their mailing address; I ran into this exact situation, recorded phone calls, verified that this debt didn't actually exist, made a formal complaint to my state attorney general. They couldn't/wouldn't do anything because the calls were coming from out of state and it's a common scam apparently. If they won't mail you anything, or give you their mailing address, gently caress em block their phone number as harassment through your phone company/smartphone. File a police report for harassment, and move on until you get something mailed to you that adheres to the FDCPA laws. edit2: jesus, how did they get your bank account information and double withdraw when you don't even have any information about the debt? You should probably report that poo poo to your bank (go in person, bring all your documentation/whatever with you) and probably also the police, but the bank first so you get a new account/debit card and a fraud report or whatever going what the fuckkkkkk mr. nobody fucked around with this message at 04:25 on Feb 22, 2013 |
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Feb 22, 2013 04:12
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I've got a situation. In 1998/99, I was one of the people offered a high-interest credit card by, I believe, Providian (for some reason that name sticks, and I am fairly certain about it). It was one of those cards where they gave you a small balance and then charged you a 'fee' for issuing it. I believe my credit line was around $350 and they charged around $125. Insane. I never had a credit card before and didn't understand the particulars (always read the fine print!) but I accepted it and did use it for a little while. Stopped using it in 2000. I was a college student and my husband kept being layed off from various jobs, so the first thing I stopped paying was that credit card and concentrated on necessities. We moved A LOT while he chased jobs. After 9-11, husband re-enlisted and we moved a lot over the last 13 years (including overseas twice) and I completely forgot about that debt except every couple years when I'd hear from a debt collector about it. By then I just ignored it or put it on the bottom of a list of things to take care of-- especially when that $300 bill became $1200+. My credit rating was already smashed, so I figured it didn't matter. Present day- we're homeowners, my credit rating is much, much better, bills are being paid on time, and I'm back in school full-time. Husband has retired and is learning a new occupation. I have two credit cards, one a gas card that I pay promptly each month and a Capitol One card with a $500 balance that is also kept current (and I pay extra on the amounts). My credit rating is actually better than my husband's, but since I don't work (I've been a stay at home mom for the great majority of our 20 year marriage)and he has been the one to take out credit the majority of the time, I guess that makes sense. A few weeks ago, while I took a nap, my husband answered a call on my cellphone. I could hear the guy raising his voice at my husband, saying I owed a balance on a credit card and they were going to sue me. The guy was so hostile, my husband was a bit dumbfounded. The guy asked for my email and my husband gave it to him. The guy said they would send the information there. Since this is the only debt I've incurred that went delinquent, I knew it had to be that Providian card. I checked my email and saw one titled "Customer Service" with an attachment and I deleted it. Its not properly marked and I don't read spam and I'm not impressed with that sort of outreach, so, yeah, I didn't even bother with it. Plus, this debt is from pre-2000! They called my cellphone a few times, but I don't answer numbers I don't recognize, so that was ineffective for them. So now- well, they are trying to Facetime me. Yesterday evening a "nelliganb15@gmail.com" attempted to Facetime me 7 times. This evening, this person attempted Facetime *10* times in an hour. Out of curiosity I did some googling on variations of the email but nothing came up. But after googling "debt collection nelligan" I came across this website: http://betsynelligan.blogspot.com/2008/10/however-debt-that-you-owe-still-remains.html I found it kind of funny that this blogger may be my new harasser or that they are using an email so close to their name. After refusing the Facetime calls, I received a text saying "contact/re: account" but I never opened it because, well, I'm treating them like spam at the moment. I may have received a letter from them, but in a fit of pique I threw it away. I wish I hadn't, because I would have sent a validation letter. Should I go ahead and answer the next Facetime attempt and request a bill in the mail as if I hadn't received anything? I am really creeped out by receiving Facetime requests from a collector. I ran across another place where people report shady calls from collectors and another person reported an agency trying to Facetime with his grandmother to collect a debt! I may just wait to receive another email or text to get their contact info. I really wish I hadn't tossed that letter. All those calls are ridiculous. *Also, I think they are using Facetime because you CANNOT block the call, especially if they are using an email account! Svanja fucked around with this message at 05:04 on Feb 22, 2013 |
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Feb 22, 2013 04:59
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Svanja posted:stuff That debt is time-barred, credit agency reporting barred, it's 100% a scam; answer the next facetime with the most annoying sound you can imagine playing nearby at loud volume, with the phone placed inside of a paper sack. Repeat until they stop facetiming you. edit: this, looped https://www.youtube.com/watch?v=0xRrUVVKigk mr. nobody fucked around with this message at 06:21 on Feb 22, 2013 |
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Feb 22, 2013 06:18
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mr. nazi posted:That debt is time-barred, credit agency reporting barred, it's 100% a scam; answer the next facetime with the most annoying sound you can imagine playing nearby at loud volume, with the phone placed inside of a paper sack. Repeat until they stop facetiming you. Hahaha, that's great! Thanks!
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Feb 22, 2013 06:47
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So, I'm stupid and ended up paying a bill late. Two days after the hospital deposited the check (or it at least showed up in my checking account) I received a collections letter. I sent a verification letter and all that hoping they'd talk to the hospital and see that oh, he paid, we'll just go away. That didn't happen, and they sent me an itemized bill. Who do I talk to about this? Do I call the collections place and tell them it's been paid already? Do I call the hospital and tell them to call off the dogs? How does this work?
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Feb 22, 2013 18:24
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Panthrax posted:So, I'm stupid and ended up paying a bill late. Two days after the hospital deposited the check (or it at least showed up in my checking account) I received a collections letter. I sent a verification letter and all that hoping they'd talk to the hospital and see that oh, he paid, we'll just go away. That didn't happen, and they sent me an itemized bill. Who do I talk to about this? Do I call the collections place and tell them it's been paid already? Do I call the hospital and tell them to call off the dogs? How does this work? How about both? Why would you send a verification letter instead of just talking to someone to see if you can clear it up?
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Feb 22, 2013 19:14
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Trillian posted:How about both? Why would you send a verification letter instead of just talking to someone to see if you can clear it up? Because bill collectors are scary. Just called, they confirmed it's paid, I guess I'm good to go. Welp.
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Feb 22, 2013 21:28
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Do debt collectors have to stop calling after a certain time of day? I think my refusal to answer the Facetime attempts has annoyed my would-be collector. I haven't done the 'toss in a bag and play the crying baby loop' yet because my kids have all been around and I've been busy with housework and homework. Anyway, in the last 20 minutes, starting at 9:30pm, they've attempted to Facetime with me 17 times. I'm going to see if it stops by 10pm (I'm central time). I have the ringer on low and its on a charger, so its not a bother (and I have a Game of Thrones ringtone, which I like). Yesterday was 7 attempts and 10 attempts the day before. I've only received two text messages, non-identifying ones, btw, and absolutely no emails. Had three more attempts while typing this up. HAHA! I know they probably are using a robocaller. If I ever get a chance when I'm alone and they call, I thought about answering it with Harlem Shake. *Never mind looked it up. They aren't supposed to call after 9pm my time. Interesting. This really is a shady bunch. Svanja fucked around with this message at 04:57 on Feb 24, 2013 |
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Feb 24, 2013 04:52
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Svanja posted:facetime Your situation sounds ridiculous, but I have to ask, why not just leave facetime off until you need it? People could text you before attempting (that you want to talk to) and you can turn it on and call them?
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Feb 24, 2013 07:28
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Svanja posted:Do debt collectors have to stop calling after a certain time of day? I think my refusal to answer the Facetime attempts has annoyed my would-be collector. I haven't done the 'toss in a bag and play the crying baby loop' yet because my kids have all been around and I've been busy with housework and homework. You aren't having enough fun with them. FaceTime is awesome, accept every time, put it on mute, and show them the world.
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Feb 24, 2013 17:33
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I didn't even know I could disable FaceTime! I will check that out. I think I will mess with them the next time they get through, but I'll turn it off if I can.
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Feb 24, 2013 20:42
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Svanja posted:I've got a situation. So they are chasing you for a 13 year old debt? surely there is a expiry or statute of limitations on this.
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Feb 26, 2013 07:48
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Omgbees posted:So they are chasing you for a 13 year old debt? surely there is a expiry or statute of limitations on this. There is, but I think it must have been sold from collector to collector to collector through the years and its reached the bottom of the barrel. It is funny, I did some checking on the original business, Providian, who issued those cards. There was a class action law suit and they were fined the largest settlement amount against a credit card company in history. They no longer exist, swallowed up by someone else. As to paying on old debts, I guess a lot of us don't understand how it all works, so we get scared and pay up. Considering how much they tack on to the original debt, there must be quite a bit of money to be made. I've got Facetime shut off now, so today was nice and quiet.
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Feb 26, 2013 08:28
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Svanja posted:As to paying on old debts, I guess a lot of us don't understand how it all works, so we get scared and pay up. Considering how much they tack on to the original debt, there must be quite a bit of money to be made. I'm quite sure this is the case. I was being bugged for a little while by what I assume to be a similar operation about a credit card debt of a similar age. The best part of it was when I actually called them back and demanded something in writing, only to be told "we don't do that".
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Feb 26, 2013 15:29
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About 2 years ago I sent a debt validation letter to a debt collector regarding a questionable account I had, which they then reported to the credit bureaus as "OK" following my letters requesting validation, but never responded to the debt validation. I didn't hear anything back from it for the longest time so I figured it was done. I got a call yesterday from a debt collector who I guess the debt was sold to who said they were "preparing to file a lawsuit against me" for some ridiculously low amount of money, like $657 which makes no sense anyway as the card was a $300 dollar one. I didn't tell them anything on the phone, but said I would call them back. I did find out they had my address from around 2 years ago when I asked him what address they had on file. While I know not to do anything on the phone and that this is a common scare tactic, as I'm still rebuilding my credit, I really don't want them to actually go with their threat and file a lawsuit against me. Should I call them, give them my current address, and deal with it that way, or just wait for correspondence in the mail? sleepness fucked around with this message at 16:35 on Feb 26, 2013 |
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Feb 26, 2013 16:26
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sleepness posted:About 2 years ago I sent a debt validation letter to a debt collector regarding a questionable account I had, which they then reported to the credit bureaus as "OK" following my letters requesting validation, but never responded to the debt validation. I didn't hear anything back from it for the longest time so I figured it was done. I got a call yesterday from a debt collector who I guess the debt was sold to who said they were "preparing to file a lawsuit against me" for some ridiculously low amount of money, like $657 which makes no sense anyway as the card was a $300 dollar one. I didn't tell them anything on the phone, but said I would call them back. I did find out they had my address from around 2 years ago when I asked him what address they had on file. First, figure out the statute of limitations in your state. That will tell you if they can still sue you. Typically they will sue under "breach of contract" or "suit on debt/open account". If they can't sue you, challenge the trade line on your credit. If they still won't give up, request they validate it. If they can't see an attorney to sue them for violating your state debt collocations act (if there was a violation). If they do sue you, find an attorney.
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Feb 27, 2013 01:16
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sleepness posted:things quote:A debt collector threatened to sue me. Can it do that? from https://www.privacyrights.org/fs/fs27-debtcoll.htm (sort of a chicken/egg situation, you only know if they intend to sue by them actually suing you which you don't have that information about the future available to you, and it benefits them to lie; however if they do not sue you after stating that they will, if you can prove it in court, they have violated the FDCPA) What is supposed to happen is a) they telephone or mail you something about the debt b) within 5 days of first contact they must mail you a dunning letter, which must include specific language (check your state's version of the FDCPA) quote:Does an agency have to contact me in writing before it calls me? d) upon receipt of your dispute, no collection action may take place on the disputed portion (which could be some or all of the alleged debt) until they validate the disputed portion in writing to you e) after all of the above happens, you decide what steps to take next with regard to the alleged debt and/or collection agency My state requires collection agencies to be registered and licensed, that's the first thing I'd check is what your state laws are (which can be more strict than the FDCPA), google "<yourstatehere> attorney general" and look for a consumer protection section of their website or something similar sounding to that edit: p.s. if they were going to sue you they would have your current address edit2: if you do speak with them again, ask them the name of the attorney that is preparing the lawsuit against you, if they answer that you have something to go on, if they stumble or are clearly lying or don't answer then you know what that means too mr. nobody fucked around with this message at 01:58 on Feb 27, 2013 |
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Feb 27, 2013 01:48
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Thanks all. Should I call them to give them the correct address or just leave it be?
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Feb 27, 2013 03:54
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sleepness posted:Thanks all. Should I call them to give them the correct address or just leave it be? If it's on your credit report, you will know the name and mailing address of the collection agency. Roger_Mudd has solid advice up above. If it isn't on your credit report, why rattle the cage? (not legal advice, review your situation and rights etc)
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Feb 27, 2013 05:39
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Florida here. General Revenue Company started contacting me about a year ago about a debt I supposedly owed to a student housing apartment complex in Orlando, something to the tune of $2,200 in rent (plus CA fees) for an apartment I never used. I also followed the instructions from the housing complex to do some kind of weird subletting thing where someone else moves into the apartment and pays my rent, and to my understanding that would absolve me of any responsibility. Therefore, I shouldn't owe a debt anyway, but the complex sold it to GRC anyway. However, I just pulled my annual reports and the debt isn't reported on any of them. GRC made an inquiry at the end of January 2012, however. It's past the DV point by this stage and I don't think they've actually called in a while. The debt is from 2010, I think, but since it's not being reported and I haven't actively been served or received any mail from them in a few months, is it worth doing anything about? EDIT: I should add that all their information in the dunning letter was correct, but I receive phone calls on my cell phone only now, not my parents' house phone. GRC would always call the house phone, which was technically my parents' and not mine. D34THROW fucked around with this message at 23:55 on Feb 27, 2013 |
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Feb 27, 2013 23:45
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mr. nazi posted:That debt is time-barred, credit agency reporting barred, it's 100% a scam; answer the next facetime with the most annoying sound you can imagine playing nearby at loud volume, with the phone placed inside of a paper sack. Repeat until they stop facetiming you. I was harrassed by a few debt collection companies looking for Elisabeth Peres on and off for about 3 years (I'm a dude of Italian descent, ain't no name in the phonebook farther from mine than Elisabeth Peres). It became a game of how to waste their time more effectively. It started with the usual Moe Syzlak style response ("If you call this number again, I'm gonna rip your eyes out of your head, shove them up your rear end so you can watch me kick the crap outta you," said in a very polite voice). But the finest moment was where a debt collector let me put him on hold while I pretended to be struggling to take a massive dump for 3 minutes, then I dropped a brick into my bathtub, picked up the phone, said "gently caress you," and hung up. I wish someone had been there to share that moment.
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Feb 28, 2013 20:25
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I have an interesting letter from Resurgence Legal Group today and was unsure of why they are coming after me for a 2008 credit card debt. My financial situation has been poo poo because I am supporting a child and I am on very low income due to student loans, rent, food, transportation costs. This is the first time I am seeing this letter so I have no clue on how can this be any legal. Here is a quote of the letter I received:quote:NOTICE OF INTENTION TO FILE LITIGATION AND INCUR COURT COSTS AND LEGAL FEES I searched online about this group and I read that they are one of the worst debt collectors to deal with. I'm a bit scared now. What are my rights and chances of fighting this? I have no property they can obtain from me, I have no car, and I have an income that is based on commission (business has been very bad and I haven't been working since January). What can I do to keep the leeches off my back? Edit: I just want to be clear that I tried to pay off my debt in 2008-2009 but I ended up with no money to pay the rest and it has been a struggle since. I made my financial mistakes as a dumb college kid with a baby, I just need to know if it is really necessary for an invisible angry debt collector wanting to destroy my finances and my life even further. Spatchcent fucked around with this message at 03:11 on Mar 1, 2013 |
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Mar 1, 2013 03:02
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You can challenge the debt but it sounds like you know its legit. There really isn't anything you can do to stop them from suing unless you can settle with them. If you can scrounge up 40-50% of the balance and offer it to them they may take it.
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Mar 1, 2013 03:29
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If it comes down to it and they do serve you with an actual lawsuit do not hesitate for a second to use whatever legal representation you can get. Your college probably offers it. If they don't, you probably qualify for local legal aid through your county or city. It's imperative that if you are sued, you deal with it. The judge probably won't tell them to pound sand or anything, but you may be able to arrange payment terms you can actually handle. Otherwise they'll end up with a summary judgment and the ability to (possibly) garnish wages and/or attach bank accounts/tax refunds/etc for a long time to come. You may not be collectible now, but you may be in the future. So cover your rear end as much as you can, that debt is probably not time barred unless you live in Texas or something. You reset the sol when you gave them money last time. I'm not a lawyer and I'm not your lawyer. Go talk to any lawyer that will listen for free.
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Mar 1, 2013 06:29
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This is going to sound weird but I'm just curious. Debt collectors resell debt all the time, can I buy my debt from them? Have it show up on my credit report as being owed to me? Not that it would help matters, I just think it would be funny.
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Mar 1, 2013 23:10
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Delta-Wye posted:This is going to sound weird but I'm just curious. Debt collectors resell debt all the time, can I buy my debt from them? Have it show up on my credit report as being owed to me? Not that it would help matters, I just think it would be funny. Yes and no. There is a non-profit out there buying debt and then forgiving it. The problem is that they just don't sell one account. They sell hundreds or thousands at a time. You'd have to become a collector yourself just make it worth it.
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Mar 1, 2013 23:17
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Roger_Mudd posted:You'd have to become a collector yourself just make it worth it. Out of curiosity, what licenses are needed for this, and what are the base regulatory costs? I can't imagine it's any fun at all, and you'd need at least one lawyer on staff...
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Mar 2, 2013 05:11
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Roger_Mudd posted:Yes and no. There is a non-profit out there buying debt and then forgiving it. Is that the debt jubilee group? I've wanted to donate to them or help them in some capacity - how the hell does their model work? They're basically just trying to clear people's medical debt and have no eye towards profit right?
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Mar 2, 2013 16:25
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baquerd posted:Out of curiosity, what licenses are needed for this, and what are the base regulatory costs? I can't imagine it's any fun at all, and you'd need at least one lawyer on staff... Varies from State to State. Other than that, I'm not inclined to help folks collect debt.
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Mar 2, 2013 21:37
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My only collection on my credit report has finally aged out. I'm so excited!  
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Mar 2, 2013 21:44
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pathetic little tramp posted:Is that the debt jubilee group? I've wanted to donate to them or help them in some capacity - how the hell does their model work? They're basically just trying to clear people's medical debt and have no eye towards profit right? http://rollingjubilee.org/ They raise money, buy debt, and forgive it.
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Mar 2, 2013 21:49
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