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Man, you really are awesome. It's a shame you don't practice in my state.
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# ? Aug 18, 2013 19:57 |
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# ? May 21, 2024 14:37 |
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I searched for this thread because I remember it, I'm interested in pursuing legal action against robocallers. I get hit with them fairly frequently all of a sudden. I know this isn't exactly the same thing because I'm not getting hit with debt collectors but there are a lot of things like the FDCPA related to legality of robocalls and basically, if you get robocalls unsolicited, its illegal, at least where I am.
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# ? Aug 19, 2013 19:20 |
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So I get a call (which I missed) today at work from some "Mark Cooper" at 646-396-1626. Homeboy's been blowing up my phone and leaving nearly indecipherable messages in broken English, but the gist I got after calling back and explicitly telling him he was not to call me at work was that I've passed some bad checks and he's pursuing 3 counts of federal charges against me including defrauding a financial institution (lol) but we can settle this out of court for $300. He asks me if I've ever been arrested. Completely unable to ascertain who he "represents" and I told him "Frankly, I'm having a lot of trouble understanding you because your accent is very thick. Do you have someone I can speak with whose English is better?" That was met by an interminable hold. Obviously my extortion alarm went off. Needless to say, I do not have any outstanding checks and if I had, this is not how they would be resolved. Googling when I got home tonight confirms that this shitstain is indeed a scammer. I can block this number from my phone very easily, but the problem here is that he has my work number. I need a good way to make him go away. Ideally this would be an elaborate scheme where I somehow scam him for more money than he is trying to extort from me, but I'd also settle for him just not calling me at work. My best idea is asking for his address so I can send him a money order which will be for more than the amount due, and could he just wire me back the rest.
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# ? Aug 20, 2013 04:50 |
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NancyPants posted:My best idea is asking for his address so I can send him a money order which will be for more than the amount due, and could he just wire me back the rest. And why wouldn't he just take all of your money? I would suggest suggest telling him you're someone else and that the person who last had the number killed themself because they had someone filing federal charges against them for bad checks.
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# ? Aug 20, 2013 15:39 |
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baquerd posted:And why wouldn't he just take all of your money? I would suggest suggest telling him you're someone else and that the person who last had the number killed themself because they had someone filing federal charges against them for bad checks. Money wire and money order scams work because the money order is not valid. E: thought better of committing wire fraud, decided to go with tried and true method of ANNOY THE PISS OUT OF THEM. My proudest moment today was making “Alex Williams" yell “gently caress off"and hang up on ME. I think the problem may have resolved itself. BonerGhost fucked around with this message at 18:00 on Aug 20, 2013 |
# ? Aug 20, 2013 15:45 |
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Has anyone had any luck getting any of the big cell carriers to provide logs of calls or copies of voicemails? I have some scummy debt collection company calling at all hours for someone who is not me or anyone I'd know. I've tracked them down and sent a C&D letter yet the calls continue to come in. I'd like to file a complaint but I'm not sure how to present a call log and voicemails as evidence without having a paper copy of something.
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# ? Aug 22, 2013 00:49 |
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Azuth0667 posted:Has anyone had any luck getting any of the big cell carriers to provide logs of calls or copies of voicemails? I have some scummy debt collection company calling at all hours for someone who is not me or anyone I'd know. I've tracked them down and sent a C&D letter yet the calls continue to come in. I'd like to file a complaint but I'm not sure how to present a call log and voicemails as evidence without having a paper copy of something.
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# ? Aug 22, 2013 05:15 |
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Azuth0667 posted:Has anyone had any luck getting any of the big cell carriers to provide logs of calls or copies of voicemails? I have some scummy debt collection company calling at all hours for someone who is not me or anyone I'd know. I've tracked them down and sent a C&D letter yet the calls continue to come in. I'd like to file a complaint but I'm not sure how to present a call log and voicemails as evidence without having a paper copy of something. Requires using google and a carrier that supports it, so YMMV.
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# ? Aug 22, 2013 21:58 |
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^^: I have no idea how to do that but I'll look into it, thanks for the idea.Dik Hz posted:If you save the voice mail, it is admissible as evidence (at least in NC). If you didn't save the voice mail, it is much more difficult. They're still sitting in my inbox, I'd just like a paper transcript along with an MP3 on a flashdrive I can use as proof. I'm not quite sure how to use a voicemail stored on my cell as evidence.
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# ? Aug 22, 2013 23:51 |
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It's really easy to get a call log, as in a list of incoming/outgoing calls with times and durations. You just call up your phone company and request it. But getting a written transcript doesn't really exist, and wouldn't impress a judge anyway. That's a derivative of the original. You enter a voicemail as evidence by playing it in court on speakerphone... You're over-complicating it.
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# ? Aug 23, 2013 05:29 |
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Question: I moved from my old apartment to a new rental house, my lease at the old apartment was up 7/31. I received a bill for damages in excess of deposit for ~700 on 8/7 and the apartment complex said that they would turn it over to collections within 10 days if not paid in full. As I had literally just moved, my hands were tied and I had to let that happen. I get a letter from the collection agency dated the 22nd with the total amount owed and interest that appeared to have been backdated to 8/1. I called, the first person on the phone interrupted me repeatedly and raised her voice, so I asked for a supervisor, and was immediately put on hold. The supervisor (jon) answered a few minutes later and asked if I was "olga", who I am not, and started in with his conversation with her. I informed him that he must have grabbed the wrong line, he agreed, said hold please, and hung up on me. I called back, requested the "highest person I could talk to", was put on hold, and got the same guy. He informed me that the interest was backdated to the first day of delinquency (which he said was 8/1), and that they would not accept any payment arrangements (I was offering $50/mo). At one point he said "I don't want the money you have left over at the end of the month". It continued with me trying to find out if he was refusing an attempt in good faith to pay (the exact words I used) and he redirected to not accepting a payment plan. I had to force myself back into the conversation after being talked over without end and jon threatening to end the call because there was nowhere else it could go, just to find out if the debt would be sold. He said that it would not if I was making payments on it with or without a payment plan. It looks like there's a clear violation of the FDCPA with backdating the interest to a point prior to the debt going delinquent, which in my estimation (and the apartment complex's, after I called them to complain about their practices) was 8/18 (the first day after the 10 day window they gave me with the billing they sent on the 7th). How would I go about going after them for this? State: Washington
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# ? Aug 27, 2013 19:09 |
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Ok, in my situation, I need to know how to protect myself from a debt I do not owe About a month ago, the gym with whom I have a free membership via my apartment lease sent me a past due balance. I spoke with the management, showed them a copy of my lease and everything was hunky dory. I have no contract with the gym, everything is run through my leasing company. Until today, when I received a letter from a collections agency for some 700 dollars due to this same gym. I immediately contact the management of the gym, they recognize that this is a mistake, were contrite and promised to contact the collections company immediately to rectify thing. That's great, but after trusting them the last time, I want to be proactive to make sure I don't get hosed and have this show up on my credit report My thinking is I should go ahead and send the certified, return receipt debt verification letter, then perhaps call the collections company next week to verify that the gym has told them to remove the debt. Or should i just send the letter and sit back and wait for a response?
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# ? Aug 28, 2013 23:52 |
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So what happens if someone files for bankruptcy and has their case dismissed without having anything discharged? Does that mean they can just keep filing if they want to throw away the filing fee, or does the court make people wait a certain amount of time before trying to file again or put a limit on how many times they can? Since it seems like BK filing pretty much results in a stay, unless it's the gubmint, so what stops people being garnished from filing to prevent that, short of the fee? How the heck does an attorney collect his fee from someone after they've filed if they didn't pay everything up front?
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# ? Aug 29, 2013 05:25 |
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A case closed without discharge is just spinning wheels. The only benefit is to buy time like you're saying, and 99% of that use is to prevent foreclosure. People can technically file and refile, but... The automatic stay (the thing that stops creditors) is indefinite on your first filing within a year, only last 30 days on the second filing within a year, and doesn't happen at all on the third filing. And that's not within a calendar year, but a year within each other. If some one still abuses that, or does like 2 per year over and over, a creditor can complain and the court would punch the debtor in the crotch. It's uncommon, but I've seen the court sanction a person by removing their ability to file bankruptcy and fine them. But it has to be abused pretty hard. Some people naturally file a bankruptcy every two years or so because they keep screwing up/get sick/get divorced/etc, and that's kosher. Attorneys always get paid upfront (there's a section where we have to report how we're paid, and the court wants it to be nothing owed). If I've got a crying single mom in front of me that needs medicine before midnight or her orphanage will burn down, I still need cash paid in full before I look at the file. Otherwise the attorney would quickly be using their own bankruptcy services...
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# ? Aug 29, 2013 06:19 |
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I thought you had mentioned something about bankruptcy mill firms doing things like payments where it costs more in the long run but might be worth it to the debtor and it stuck out to me. It may or may not have been right about the time I took a 3 day vacation. I was confused how or why an attorney would do that.
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# ? Aug 29, 2013 06:48 |
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NancyPants posted:I thought you had mentioned something about bankruptcy mill firms doing things like payments where it costs more in the long run but might be worth it to the debtor and it stuck out to me. It may or may not have been right about the time I took a 3 day vacation. I was confused how or why an attorney would do that. I'm curious about that, too, since I am considering trying to get into bankruptcy law and am unclear how one gets paid from an about-to-be-bankrupt client.
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# ? Aug 29, 2013 07:52 |
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ibntumart posted:I'm curious about that, too, since I am considering trying to get into bankruptcy law and am unclear how one gets paid from an about-to-be-bankrupt client. You ask for the money up front. No cash, no lawyer! I know the courts in my area have made lawyers stop setting up payment plans, but I'm sure that varies from state to state.
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# ? Aug 29, 2013 18:09 |
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It's the most common question I get from other lawyers. "How'dya get paid!?". It's actually the easiest area of law for payment, because there is no billing and usually no timekeeping. For 7's and 13's there are flat "no look" fees that vary by jurisdiction, which essentially sets a cap on what you can charge. So you charge the no look rate (or typically lower to be competitive) and for a Chapter 7 that amount must be paid upfront 100%, no exceptions. In a 13, you get paid a piece upfront, then the court mails you checks from the payment plan. I'm never billing a client directly. That's how you have to do it, both logistically and legally. And truly broke people (as in homeless people, 19 year old kids, etc) don't need bankruptcy. You only need protection from creditors if you have something to lose. People find a way to get the fees paid, and the outside pressure of garnishments/lawsuits/foreclosures gets them moving. Under no circumstances do you make an exception, because every case is an exception. NancyPants posted:I thought you had mentioned something about bankruptcy mill firms doing things like payments where it costs more in the long run but might be worth it to the debtor and it stuck out to me. It may or may not have been right about the time I took a 3 day vacation. I was confused how or why an attorney would do that. So I could say "Chapter 13's only $200 step right up!". That sounds like a great deal compared with $1500 for a 7. But then I charge $3500 through the monthly payments. They have a 13 payment of like $100 monthly for 5 years, and over half of that is going to me. Then of course they get sick or lose a job, the 13 breaks, they convert to a 7 and I get to charge all over again. It's really terrible, and a lot of attorneys literally do this. And the most vulnerable people are the most likely to fall into it... A chapter 13 is correct in a lot of circumstances, there's nothing inherently wrong with it. But unfortunately there's a profit motivation for attorneys to push people in the wrong direction, and the desperate economy pushed otherwise normal firms into scam shops. I'd say a majority of the Chapter 13's I see should not have been filed that way. VERY roughly: if a person isn't trying to save real estate and they qualify for a 7, they should file a 7. But for many attorneys, if it has a pulse then push it into a 13.
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# ? Aug 29, 2013 18:17 |
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I looked up Chapter 13. no look fees for my jurisdiction (Northern District of California) and was amazed: it's pretty drat streamlined for each Bankruptcy Court, right down to the extra couple hundred you can charge for petitioning to remove a lien.
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# ? Aug 31, 2013 11:32 |
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I paid off a couple small collections accounts a few years ago after they agreed to PFD. I just pulled my credit reports and they didn't stop reporting the debts. What's the first action I should take?
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# ? Sep 6, 2013 21:05 |
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BusinessWallet posted:I paid off a couple small collections accounts a few years ago after they agreed to PFD. I just pulled my credit reports and they didn't stop reporting the debts. What's the first action I should take? Are you sure it's the same company? They may have sold the debt again and a new agency is trying to collect. What documentation from them do you have that states the arrangement? Is it on their letterhead and does it clearly state what they will do in exchange for your payment? Do you have evidence of payment?
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# ? Sep 6, 2013 21:14 |
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Jealous Cow posted:Are you sure it's the same company? They may have sold the debt again and a new agency is trying to collect. I'm positive that it's the same companies. I'm not sure what documentation I have, honestly, it was a really long time ago. They're reporting it paid, which is good at least, but they both agreed to delete it. I do have evidence of the payment, but I'm not sure how relevant that is since they're reporting it paid in full. I might only have a verbal agreement, if I can't find any of the files.
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# ? Sep 6, 2013 21:26 |
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BusinessWallet posted:I'm positive that it's the same companies. I'm not sure what documentation I have, honestly, it was a really long time ago. They're reporting it paid, which is good at least, but they both agreed to delete it. I do have evidence of the payment, but I'm not sure how relevant that is since they're reporting it paid in full. I might only have a verbal agreement, if I can't find any of the files. You're probably SOL. They can get in trouble with the CRAs for PFD so they don't usually make it easy for the debtor to prove the arrangement existed.
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# ? Sep 6, 2013 21:39 |
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Ah, thanks
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# ? Sep 6, 2013 21:47 |
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BusinessWallet posted:I'm positive that it's the same companies. I'm not sure what documentation I have, honestly, it was a really long time ago. They're reporting it paid, which is good at least, but they both agreed to delete it. I do have evidence of the payment, but I'm not sure how relevant that is since they're reporting it paid in full. I might only have a verbal agreement, if I can't find any of the files. I'm not a credit report/score expert, but it depends on what they're reporting. If all it's showing is a paid in full collection account, then that's not that bad. If it's showing a bunch of 90-day lates on a payment history, then that's awful. Like if I stop making my car payments for 6 months, car gets repo'd, and then I pay off the balance without any agreement: what will show on my credit report is paid in full account but a bunch of 90-day lates. If I pay-for-delete, I'm wanting them to retract that payment history (or delete the entire line, but mainly I'm concerned about the payment history). I could be wrong, but if there's no payment history data and it's showing paid in full, then it's not going to have a big impact on your credit.
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# ? Sep 6, 2013 21:51 |
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They're not reporting any lates, but the OC is, I guess that's unavoidable. My credit score is 635 (657 on Credit Karma), I have no unpaid items on my credit report. I just got a Capital One card, they gave me a $500 limit, which is comical, but I've been using it for a little over a month and paying it off in full, which is the plan. I'm not sure how much of an increase I'm likely to see, but is there anything else I should do to increase my credit score or repair what's there? I feel like I'm doing the right things but I want to know if there's anything I'm missing.
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# ? Sep 6, 2013 21:59 |
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I have an "open" account with a debt collector on my credit report, listed with Equifax and Experian. It last reported 1/2009 (I'm in Ca), and has a past due balance of $0, and an overall balance of $0. Is it hurting my score, or is it something I can just keep an eye on as it should fall off?
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# ? Sep 7, 2013 00:01 |
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mr. nobody posted:For me, this has been my experience as well. I'm suing them. What makes you think an itemized statement is not enough to verify a debt? In § 809. Validation of debts [15 USC 1692g]: "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." Note in bold: no specifics are given on how the debt is supposed to be verified.
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# ? Sep 14, 2013 07:21 |
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BusinessWallet posted:I paid off a couple small collections accounts a few years ago after they agreed to PFD. I just pulled my credit reports and they didn't stop reporting the debts. What's the first action I should take? Disclaimer: I'm a debt collector, this is based on my experience at my agency. I can't promise anything. A PFD probably won't happen. I know that my company does not do it and most other agencies won't either. It's considered inaccurate reporting so we don't do it. The person you talked to should have been much clearer about how your credit report would be updated, but yeah, you're probably SOL now. There is a loophole though. If you never received your first notice letter from the collector, they are supposed to remove it. At my agency we can see every piece of mail that we sent out, and if it was returned. Accidentally throwing it out wont count, but if they happen to have record of the FN being returned to them you may be able to get it deleted. If there are other questions about the collector side of things, how to talk to us, what we can do for you, etc I'd be glad to try and answer them.
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# ? Sep 18, 2013 21:02 |
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I have a really annoying situation, for reference this is in the state of Colorado. On Dec 10th 2007, I was in a car accident and admitted to the hospital. The hospital's billing department is, bar none, the dumbest bunch of shitheads I've ever had to deal with. After they sent my bills to insurance, after payment they sent MY bills (the remainder) to collections without getting a hold of me. Anyhow, I paid them all in full immediately when contacted. There weren't many, and it added up to about 2k total. Fast forward to today, I got a call from the hospital that they have another bill for me, 2015 bucks. Out of nowhere. Apparently they never got around to billing me the last 2k and have been sitting on it. Maybe. I've asked them to validate the bill and prove that it's mine, no idea how that's going to go. Anyhow, I did some looking and the statute of limitations on this kind of debt in CO is 6 years. From what I understand, this is just an affirmative defense at a trial and they can hound me until I die about this debt. Am I wrong? Should I just pay it to make them shut up? This is really bizarre and frankly has me more than a little upset.
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# ? Sep 19, 2013 04:39 |
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So I just got a summons to appear in court in response to a debt and I wanted to ask a few questions to make sure I got my ducks in a row before I show up. Not sure if anything can be done at this point, but poo poo, the worst that'll happen is they'll garnish the gently caress out of my wages and they're probably gonna do that anyway. So the debt is for a car loan I got through Wells Fargo in around 2006. The payments and interest were loving brutal but I was pretty dumb and with a good job so I agreed to it anyway. However, I lost my job a couple years after, couldn't keep up and they repo'd my car. As far as I know, they only tried to contact me once for the remaining balance, and then today I get a summons to appear in court. The paperwork says the amount due is in excess of $10,000, which sounds an awful lot like bullshit. Even if its not, I have a crappy job that barely supports a wife and two kids, I can't afford getting my wages garnished until the heat death of the universe. So this is in Nevada, what should I do to prepare? Is there any angle I can come at this from? Is there a way to find out if their claim at owing ten thousand bucks is legit or not? Or is my best chance just to show up and beg for mercy?
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# ? Sep 19, 2013 21:28 |
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Pit of Despair posted:So I just got a summons to appear in court in response to a debt and I wanted to ask a few questions to make sure I got my ducks in a row before I show up. Not sure if anything can be done at this point, but poo poo, the worst that'll happen is they'll garnish the gently caress out of my wages and they're probably gonna do that anyway. When was the last payment on the debt made? Are you being sued by the principal lender or by a third party collections agency?
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# ? Sep 20, 2013 00:32 |
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There's no such thing as mercy... All the judge cares about is if it's true that you owe the amount. That's it. If you owe it, and they prove it, you lose. It varies by state, but typically that first date is just a preliminary hearing to set a trial date. So it may just be a cattle-call day, or it may be a trial. In any event, you'll be asked if you admit or deny owing the debt. It's fine to deny it, in that you know you owe something but they should prove the amount. It can at least buy you time, but it would mean an extra day off work. But $10k on a repo'd car from several years ago doesn't sound off to me. They jack up the interest, and in six years it would double the amount. It's likely that you owe it. There's zero percent chance of you getting it reduced for having a sympathetic story or because they didn't bill you. At some point they'll get a judgment, even if their amounts are off they'll correct it and sue for the right amount eventually. So long-term, it's preparing for how to deal with that judgment. Judgment doesn't mean garnishment, or even that they get paid. It gives them the right to garnish if they know where you work. They can also garnish (freeze) a checking account if they know where you bank. Sometimes knowing that info is impossible, sometimes they already know and yer hosed. Typical options of dealing with the judgment: 1. Pay it (by loan, doing a favor for the mafia, etc) 2. Make payment arrangements (sometimes this can be reasonable, sometimes not) 3. Get garnished...... 4. Dodge it. If you work in a transient kind of job (construction, waiter) this happens naturally. Other jobs (gov't, military) make this impossible. 5. Bankruptcy 6. Get hit by a train Without knowing anything about your situation, I'd say that 2 is your best shot, but be braced for 5. [The only other hope that comes to mind is if they're past the statue of limitations. They probably arent, but it's worth checking. It would be the time between now and the repo] woozle wuzzle fucked around with this message at 00:44 on Sep 20, 2013 |
# ? Sep 20, 2013 00:42 |
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Ekplixi posted:Disclaimer: I'm a debt collector, this is based on my experience at my agency. I can't promise anything. Thanks man, that helps a lot. But I'm even more confused now that I've checked all three of my reports. I've been trying to repair my credit for some time now, just seeing the results of that now. Here's my graph on Credit Karma for the duration that I've had it: http://puu.sh/4vR9C.png Went from the low 500's to 713, which is what it is currently at now. I've checked myFICO for Equifax and it's at 732, but I went to Experian and my credit score there is a 644 FAKO, or PLUS. I checked my credit report on Experian and I've noticed that I still have some baddies, but they are no longer on my TU and EQ CR anymore. Here are all the baddies that are listed on my Experian CR that are no longer listed on any other CR: http://puu.sh/4vRgP.png http://puu.sh/4vRhl.png http://puu.sh/4vRi3.png http://puu.sh/4vRix.png All of these items have fallen off the other CRs somehow, but I've done nothing, so I'm not sure why they fell off. I disputed a few of the items a long time ago, but they stayed on until this July. On an older TU CR that I have, a few of these debts were listed to fall off in July of 2013, and they have, but not from Experian. I'm honestly not even sure why they fell off in the first place. http://puu.sh/4vRnJ.png http://puu.sh/4vRqB.png http://puu.sh/4vRqW.png So as you can see, all those accounts are labeled to stop reporting 7/13, but I'm not sure why. They have stopped reporting, and as I said, none of those baddies are on any of my CRs other than Experian. I'm really confused by all this and hoping I can find some answers. I've done a lot of lurking and haven't found much on this.
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# ? Sep 20, 2013 16:53 |
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I just received a letter in the mail about a very old debt. When I was 16 I allowed my mother to guilt trip me into opening a cell phone for her in my name. This was around 2002 or 2003. She eventually didn't pay the bill and got charged with the early termination fee plus the past due bills. The ETF tells me that her last payments were sometime in 2004 or 2005 at the latest since the phone was still under the 2 year contract. The account is old enough that it aged off of my credit report about a year ago, but it must have just gotten sold to a new agency since I started getting calls from an unknown number at the beginning of the summer and just got this letter. They are asking me to respond with a dispute within 30 days, and if I don't they will assume the debt is valid. My thought is to just ignore them since the debt is so old, but will doing so restart the clock and allow them to start reporting on my credit report again? I also can't tell if I am inside or outside the statute of limitations in Iowa since it seems to be 5 years for revolving accounts and 10 years for written contracts. I have perfect credit other than this so I was so happy to see that it had fallen off and my score was up to 750 when I opened a new bank account last month so I don't want to make a mistake that allows them to start reporting it again.
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# ? Sep 22, 2013 18:55 |
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I'm not even sure the contract was ever valid as you were a minor.
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# ? Sep 22, 2013 19:06 |
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Jealous Cow posted:I'm not even sure the contract was ever valid as you were a minor. Since I was a minor she had to co-sign on the account with me. Not sure if that affects the validity or not.
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# ? Sep 22, 2013 19:39 |
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Ring of Light posted:Since I was a minor she had to co-sign on the account with me. Not sure if that affects the validity or not. What involvement did you have with the account after you were 18? Sign anything, have a phone on it, pay a bill? If your only involvement was signing up when 16, I'd have to think the only people they could go after legally is your mom in my not-a-lawyer opinion. The problem I see with this is proving you didn't re-up the contract or acknowledge the debt/contract by paying after reaching your majority.
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# ? Sep 24, 2013 14:46 |
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fordan posted:What involvement did you have with the account after you were 18? Sign anything, have a phone on it, pay a bill? If your only involvement was signing up when 16, I'd have to think the only people they could go after legally is your mom in my not-a-lawyer opinion. The problem I see with this is proving you didn't re-up the contract or acknowledge the debt/contract by paying after reaching your majority. As far as I know she did make some payments after I turned 18. I was the primary on the account and the bills were addressed to me even though she was the one using it and paying for it. Assuming the debt is valid, is my best bet to ignore the letter or send a letter back to them? I just want it to continue to stay off my credit report.
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# ? Sep 25, 2013 01:58 |
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# ? May 21, 2024 14:37 |
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Ring of Light posted:As far as I know she did make some payments after I turned 18. I was the primary on the account and the bills were addressed to me even though she was the one using it and paying for it. Well, requesting verification of the debt is basically always a good thing. So send them a letter demanding proof of the debt including the contract. Making a payment to them could restart the clock but saying "What debt are you talking about" shouldn't. And if it aged off your credit report already they shouldn't be able to re-add it. My questions about payments were basically "did you do anything with the account at all after you hit 18?" like make a payment, have your own phone, something that a lawyer could use to say "Yes, he/she signed it when she was only 16, but they acknowledged it after turning 18 by making a payment/derived benefit by having a phone/etc so they obviously wanted to contract to continue as an adult." If your only involvement is as a minor, getting them to stop may be as simple as proving your age, especially if they send you a copy of the original contract. Again, not a lawyer, hopefully one of the ones who are in here will speak up if I'm way off base, although I know they don't like to get involved in specifics of one person's issues.
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# ? Sep 27, 2013 16:02 |