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Ekplixi
Jul 18, 2006

Ring of Light posted:

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.

This is actually the exact debt I collect (cell phone bills), so I can pretty confidently tell you what your best bet here would be. Hell, the letter you got might even be from my agency.

The contract is gone, as are itemized bills and other things people often request/demand to see. Unfortunately, a consumer can demand to see those things all they want, but they aren't required to validate a debt. Because they can use public records to verify you lived at the address where the bills were sent, because they were addressed to you, and your information is on the account, the debt is valid. Some phone companies do allow minors to co-sign, it doesn't invalidate the contract. By putting the account in your name, you did make yourself liable. So I wouldn't really bother with disputing it.

If you want to take care of it, call the agency and explain the situation, and see if they'd be willing to settle. I usually give folks a break if they did something stupid when they were young, or somebody screwed them over like that.

As for the credit reporting stuff, that's an issue I run into all the time. TONS of the debtors I talk to don't understand the statute of limitations, probably because there's three of them that apply to debt collection.

All About the Statutes of Limitation

1. SoL for Credit Reporting - 7 years after date of delinquency, a debt falls off of your credit report. This cannot be extended or renewed in any way. If seven years have passed since the account went past due, it will not be on your credit report anymore. You can't "restart the clock" so to speak on this SoL in any way. If it's been 7 years, it's off the credit report and it won't be going back on.

2. SoL for Legal Action - This is the one people confuse with the others. There is a certain amount of time, varies from state to state, after which the collectors cannot pursue litigation against you for the debt. You can't be sued after this period of time, which means things like wage garnishments will not be an option. This is the one that can be renewed if you 1) make any payment on the debt, 2) sign a paper in which you admit you owe the debt or in which you make a new promise to pay or 3) sign a paper in which you waive your right to stop the creditor from suing you in court to collect the debt.

SoL on Expired Debt - This is the one that pisses me off, because soooo many people seem to have an idea that this is a universal thing, that a debt completely disappears after a period of time. Well, it does - in three states. If you're not in Wisconsin, Mississippi, or North Carolina, I can keep collecting your debt indefinitely. I won't, because it makes no business sense, but it's still owed. Debts don't get "wiped away" after a certain period of time unless you're in one of those three states.

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fordan
Mar 9, 2009

Clue: Zero

Ekplixi posted:

Some phone companies do allow minors to co-sign, it doesn't invalidate the contract. By putting the account in your name, you did make yourself liable. So I wouldn't really bother with disputing it.

It does make them voidable though and allows the minor invalidate the contract if they choose if my understanding is correct. Although from googling around it probably doesn't apply in this case since the person presumably didn't tell the company they were canceling the contract while a minor or shortly after reaching majority.

Ekplixi posted:

SoL on Expired Debt - This is the one that pisses me off, because soooo many people seem to have an idea that this is a universal thing, that a debt completely disappears after a period of time. Well, it does - in three states. If you're not in Wisconsin, Mississippi, or North Carolina, I can keep collecting your debt indefinitely. I won't, because it makes no business sense, but it's still owed. Debts don't get "wiped away" after a certain period of time unless you're in one of those three states.

But if it's past the legal SoL they can tell you to cease contact per the FDCA and you have no recourse (other than selling the debt on to someone else and letting them take a swing at it).

lampey
Mar 27, 2012

How do phone companies deal with all bills being digital now?

10dishOkiku
Jul 28, 2010

7...8...9...9...9...10!
So here's a question:

A month ago I got a call about a debt I owe, but I have never received any written notice about this debt. I don't believe I owe this debt, but I haven't been given a chance to dispute it. I can assure you that I've been checking my mail religiously, waiting for written notification, but it hasn't come.

I'm concerned this is a scam; the company never told me their name in the phone call (I had to ask for it), and they were very instant that I pay right then and there (maybe this was normal, I've never been called by a debt collection agency before). I responded by saying I needed to check my records, I remembered the bill but I was sure I payed it.

Since then I've had no communication from this company, written or otherwise. I'm concerned it's not a scam because it does show up on my credit score. The company named in the phone call is a real and legitimate company. So right now I'm going about this like the company is legitimate.

What should my next move be? Most sites tell me how to respond to a written notice, rather than how to go about telling a company that I did not receive one.

Paladine_PSoT
Jan 2, 2010

If you have a problem Yo, I'll solve it

10dishOkiku posted:

So here's a question:

A month ago I got a call about a debt I owe, but I have never received any written notice about this debt. I don't believe I owe this debt, but I haven't been given a chance to dispute it. I can assure you that I've been checking my mail religiously, waiting for written notification, but it hasn't come.

I'm concerned this is a scam; the company never told me their name in the phone call (I had to ask for it), and they were very instant that I pay right then and there (maybe this was normal, I've never been called by a debt collection agency before). I responded by saying I needed to check my records, I remembered the bill but I was sure I payed it.

Since then I've had no communication from this company, written or otherwise. I'm concerned it's not a scam because it does show up on my credit score. The company named in the phone call is a real and legitimate company. So right now I'm going about this like the company is legitimate.

What should my next move be? Most sites tell me how to respond to a written notice, rather than how to go about telling a company that I did not receive one.

If you have the company name from the credit report, look up their address and send them a request to prove the debt.

10dishOkiku
Jul 28, 2010

7...8...9...9...9...10!

Paladine_PSoT posted:

If you have the company name from the credit report, look up their address and send them a request to prove the debt.

Ok, thank you very much.

753951
Jul 31, 2011
.

753951 fucked around with this message at 18:44 on Nov 8, 2013

fordan
Mar 9, 2009

Clue: Zero

753951 posted:

The law firm bringing a case against me sent me a total of three notices of intent to collect. Two came at the same time. I submitted a debt validation letter to them within 30 days on the first two, but the third I had a lot gong on at the time and missed the 30 day window, but I still sent it.

I (believe I) only received responses for the first two, and it was a single piece of paper reiterating their intent to collect, the balances, and the account numbers. Under the FDCPA, I thought (perhaps incorrectly) I was entitled to proof that they have the debt, the ability to collect the debt in my state, and proof that I owe the debt.

My question: The last thing there.. proof that I owe the debt. Is that something they must provide before continuing to collect if requested (I requested it)? Like the agreement with my signature on it? If they must provide it, I believe they're in violation of the FDCPA.

Not a lawyer.

The act doesn't spell out what is required for verification. The courts have issued conflicting rulings apparently (going based on what's cited in http://en.wikipedia.org/wiki/Debt_validation) and while the apparently more accepted standard is that simply reiterating the debt is owed is acceptable, there's a case in Indiana where the appeals court ruled in a case involving a car loan that even verifying with the contract isn't acceptable because it didn't contain information on payments made, interest accrued and late fees (Spears v. Brennan, 745 N.E.2d 862 (Ind.App. 2001)).

Schwza
Apr 28, 2008
I started getting calls from NCO financial (a google search tells me they are a terrible agency with no regard for the law) last week. Today I finally got a the first letter asking me to pay an obscene amount for a school loan that is passed due. the problem is I am paying, and have been paying, on this loan. In fact, I made a payment yesterday to the Dept. of Education on their website. I am sending my validation letter tomorrow but what other steps should I take? Should I contact the Dept. of Ed and see what is going on? They called my mom the other day and gave her the last four numbers of my social security number and were very rude to her. Has anyone had any run ins with this company?

AfricanBootyShine
Jan 9, 2006

Snake wins.

Schwza posted:

They called my mom the other day and gave her the last four numbers of my social security number and were very rude to her. Has anyone had any run ins with this company?

They're rude, pushy assholes. I had a friend who had to deal with them, and they disappeared off the face of the earth after we sent them a debt validation letter.

WarpDogs
May 1, 2009

I'm just a normal, functioning member of the human race, and there's no way anyone can prove otherwise.
Earlier in the year my wife bought a fitness DVD set that turned out to be from a scam company. They immediately subscribed her, without her approval, to a monthly charge for fitness pills. It was a nightmare. They charged our CC once, sent one package, we caught it and we cancelled. We also cancelled the card, to be safe.

A month later they sent an email saying they couldn't charge our card, then sent another that saying that they were cancelling our subscription. I figured it was victory.

Today we received a letter from a collection agency for $19.99. They say it's from the company we ordered the DVD from, but we have no idea what the charge could possibly be for. The amount doesn't match anything we were charged at the time

I read this topic, seems our best bet is to immediately dispute and demand validation. However, does it benefit us at all to go to the original company before the dispute? We have receipts of the original charge, the shipping confirmation, and the 2 notices of cancellation

E: In case it matters, the agency is RMCB Collection Agency

CaptainJuan
Oct 15, 2008

Thick. Juicy. Tender.

Imagine cutting into a Barry White Song.
So I have a debt in collections as of late June. I sent a verification request via certified mail on 7/9 and recieved the reciept back on 7/13, postmarked 7/11. I recieved the verification letter in late september, postmarked 9/24, and it looks to be pretty much in order. The debt looks like it was legally purchased, and this agency seems to be pretty much a legitimate collection agency, rather less scummy than your bulk CC debt buyers.

Between the verification request letter and the verification they sent, I recieved one collections letter (postmarked 7/24) and six calls from two numbers registered to the company, between 9/18 and 9/20. These calls and the letter are fairly close to when I sent the letter and when I recieved verification, but still are considered violations of FDCPA, right? And are useful as leverage when I try to negotiate a settlement/PFD? If it matters I'm a legal resident of Wisconsin, though I'm currently living in an apartment in the Chicago suburbs, and the original creditor is in Chicago.

Related: I read on a consumer support blog thing somewhere that PFDs are difficult to get in the last few years, as reporting agencies cracked down on the collections agencies. However, my debt is rather larger than most college-kid-with-a-credit-card-who-doesnt-know-better accounts (~$7500) and I read also that it's much easier to get PFDs on bigger debts. Does this sound accurate to the people in this thread who are more experienced with this stuff or better researchers than I?

Thanks BFC Goons!

e: agency is General Revenue based in Ohio. and pls don't quote this in entirety as I plan on editing most of it out eventually for privacy's sake!!

Paladine_PSoT
Jan 2, 2010

If you have a problem Yo, I'll solve it

CaptainJuan posted:

e: agency is General Revenue based in Ohio. and pls don't quote this in entirety as I plan on editing most of it out eventually for privacy's sake!!

Did you at any time notify them not to call you?

CaptainJuan
Oct 15, 2008

Thick. Juicy. Tender.

Imagine cutting into a Barry White Song.
Yes. quote from DV letter:

quote:

Do not contact me by telephone about this debt. I will only discuss it in writing.

Paladine_PSoT
Jan 2, 2010

If you have a problem Yo, I'll solve it

CaptainJuan posted:

Yes. quote from DV letter:

In that case, if they called you, it's a violation.

Fuck them
Jan 21, 2011

and their bullshit
:yotj:
I have three separate bills (ugh) from an old medical debt where I was a passenger in a rear ended car, and a fourth one which is an OLD, old debt which basically came from a cell phone company lying to me about one thing while doing another. Naturally I was disinclined to pay for it, and being an unemployed student at the time, I lacked the ability to pay for any of these four hits.

In the former case, I'm quite willing to set up payments and do a Pay For Delete (they still do this, right?) and settle, while in the case of the cell phone bill, I'm thinking I can just contest it. It's been sold and resold so many times I doubt they still have the right paper work. If they can actually prove anything, though, I suppose I'll settle for that, too.

Is it possible to call on the phone and arrange pay for deletes, or do you have to do that through mail? I'm quite content letting it just fall off my record, since I'm in no hurry to buy a house and have a car. I now have a decent job and would like to tie up these loose ends, but it seems that unless they're willing to play ball all I'm going to get from all of this is an excuse to blow off steam.

Edit: One little bill for $78 is "we will mark it as paid."

gently caress them, gonna contest that and let them spend a few times as much in legal fees. Or just go straight to the hospital and pay them if I can.

Double Edit:

The people who I owe a few hundred each were willing to work with me. The dick with the $78 bill is not.

Why? I'm just going to contest this and let them either take a loss trying to pursue it or just eat a dick. This is so stupid.

Fuck them fucked around with this message at 17:42 on Oct 10, 2013

secular woods sex
Aug 1, 2000
I dispense wisdom by the gallon.
Do I have any recourse if a debt collector is calling me regarding debts a sibling owes? Apparently I was listed as an emergency contact on some documentation she signed, and they're trying to get in touch with her via me.

They're not trying to get any money from me, but they're being annoying.

secular woods sex fucked around with this message at 18:12 on Oct 10, 2013

Fuck them
Jan 21, 2011

and their bullshit
:yotj:
So how do you work with collection agencies who won't budge on marked as paid?

And for that matter how do you deal with a claim as small as $78? My current idea is to just try to force them to court; since it's such a small claim they'd take a loss with legal fees and that might make it all go away.

I've heard in general that if it's less than $300 they won't bother, but I'm not sure if that has changed from the time I heard that.

BonerGhost
Mar 9, 2007

What do you mean to force them to court over? If you've paid it and are mad about the tradeline, there's nothing you can do about that, since they are required to accurately report. If you're asking about them taking you to court about the $78, they probably won't, but keep in mind that you will end up paying their legal fees if they successfully sue you.

Fuck them
Jan 21, 2011

and their bullshit
:yotj:
I haven't paid anything to them, no. But that's what I don't get. What I'm doing is contesting that it's valid at all.

I told them I'm not doing anything unless it benefits me. I know having it marked as paid is going to do me no good at all except in a few specific circumstances. Do they not want my money or are they somehow in some kind of an edge-case situation where this is somehow the optimal thing for them to do?

Fuck them
Jan 21, 2011

and their bullshit
:yotj:
So, nobody is willing to actually give me anything in writing before I give them a dime.

Guess it's time to go to the original creditor. Then again, is it worth the hassle? It won't lower my interest rates as far as I can tell. Would it be worth it to get a lease or a mortgage? If not I should just let it time out at 7 years. It's already been almost 4.

Vorenus
Jul 14, 2013
I have a debt from four years back. I fell behind on monthly payments for a service (not a card of any kind), cancelled the service, and forgot about the entire mess. Since then, I have been contacted via phone or letter by multiple collection agencies, the most persistent one sent two letters a few months apart before stopping. About two months back, I started receiving blocked-caller-ID calls again. They were careful to only ask me to confirm that I am *name*. After several weeks of being called several times a day, I finally responded with a fairly sarcastic "Sure". They told me they were seeking to collect a debt, at which point I panicked and hung up. Yes, I'm an idiot.

They continued the calls, never leaving a voicemail, and would only identify themselves as MCM. I did some research and found that the company is Midland Credit Management and apparently they're Very loving Aggressive. They stopped a month or two back, but recently they called again.

I've done more research, and under law in my state of residence they can hound me about this for many more years. What I'm unclear on is this:

As I understand it, under the FDCPA they have to follow the process of written notice of intent to collect, followed by validation of the debt if I reply within 30 days of receiving the written notice of collection. Therefore, as I have not received anything in the mail, they are unable to take any action against me other than calling me.

I should add that I am at a different address than the one I was at when the original debt began, but this is the first agency to persistently attempt to contact me without sending written notice. This tells me that if they really want to, they can contact me via mail, and I'm curious if their failure to do so in the several months since the first calls is a sign that they're merely looking for an easy payment over the phone and are thus unlikely to pursue this further.

tl;dr because I digress: Do they have to send me written notice in the mail or are there other actions they can take without sending me written notice? Should I continue ignoring their calls or react in a different way?


Any advice or insight is greatly appreciated.

Edit: A moment's further research on BBB brought up something I think may be related to the lack of action beyond a phone call:

Swanson V Midland Funding
Date of Action: 12/12/2012
On December 12, 2012, Midland Funding, LLC settled a lawsuit filed by Lori Swanson, Minnesota's Attorney General, against the company last year for filing unreliable “robo-signed” affidavits in collections lawsuits and sometimes targeting the wrong people for payment of old bills that it purchased from credit card companies. The lawsuit alleged that Midland filed thousands of collections lawsuits against individuals in Minnesota courts, often supported by unreliable “robo-signed” affidavits generated at Midland’s St. Cloud, Minnesota offices. Several Midland employees admitted in sworn testimony to signing up to 400 affidavits per day, either without reading them, without personal knowledge of their contents, and/or without verifying the accuracy of the information contained in them.

The Consent Judgment requires Midland to: provide individuals with validation of the debt; verify the identity and address of an individual claimed to owe money at the outset, before any collection effort is made, investigate the matter and, if it cannot substantiate the debt, close the account; take steps to correct any adverse credit reporting, and not later resell the debt; not file affidavits w/ the court unless the person has: a) read and understood them, b) confirmed the authenticity of any documents filed w/ the affidavit, c) only based the affidavit on the signer’s personal knowledge, and d) signed the affidavit in the presence of a notary who acknowledges the affiant’s signature in accordance with law; implement standards to ensure it does not sue people on debt that is beyond the applicable statute of limitations; implement procedures to ensure it does not sue people on debt that it does not own; may not pursue a default judgment without giving the person written notice that their response does not constitute a legal answer and waiting 30 days so the person can seek legal counsel or otherwise respond to the lawsuit; include added specificity about the facts supporting its claims in its lawsuits so that individuals can meaningfully respond to the suits against them; at least 10 days before it pursues a default judgment against an individual, send a copy of the judgment request to the individual.

Under the Consent Judgment, Midland will also resolve outstanding and future consumer complaints made to the Attorney General’s Office and pay $500,000 to the State of Minnesota.

Vorenus fucked around with this message at 19:49 on Oct 11, 2013

Bojanglesworth
Oct 20, 2006

:burger::burger::burger::burger::burger:
Look at all these burgers-running me everyday-
I just need some time-some time to get away from-
from all these burgers I can't take it no more

:burger::burger::burger::burger::burger:
I have been dealing with these people for a while now and it looks like the finally got tired of calling me and decided to take further action. I received this in the mail today and I really don't know what I am supposed to do. I obviously don't want a judgement showing on my credit report, so what are my options at this point? The debt is mine and I am OK with paying it, but can I pay before the court date and it just goes away or what?

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

Give them a call and work something out before the hearing.

OBAMNA PHONE
Aug 7, 2002
Here's my current debt situation:

Before we were married, my wife ran up a significant amount of credit card debt (without telling me) and let it all fall into collections (after we were married) rather than admitting she hosed up.

- June 2010 - we received a letter in the mail from attorneys Bishop, White, Marshall & Weibel stating that they are trying to collect on the debt of 2000-some dollars (they bought the debt from discover card).

I immediately sent a letter of debt validation to them with delivery confirmation through USPS. I received notice that it was delivered but they did not respond. I did not hear anything until...

- November 2011 - I received notification in the mail that Snohomish County court had issued a wage garnishment against my wife, due to a default summary judgment in Snohomish County court. We were never sent any sort of summons for this court date but I did check the court records and there was a record which vaguely described my wife being served with papers. I did not hear anything until...

- October 2013 - My wife was given notice by her bank that her bank account had been garnished by 700-some dollars. For whatever reason, this firm had elected to file for garnishment in late 2011 and then sit on it for two full years before actually doing anything.

-----

I've spent some time googling their name and I see some complaints about their business practices.

I know for a fact they did not reply to my validation letter.
I do not believe we were ever properly served papers for the court date.
I don't understand why they waited 2 years to garnish her wages without contacting us at all in that time period.

I don't know what to do at this point.

Hire a lawyer?

Counter-sue due to lack of response to debt validation letter?

Try for cash settlement? (I have enough cash to pay the ~3500 balance, but my googling on this subject leads me to believe they try to soak everyone they can).

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

You need to talk to a debt attorney. There are too many variables at play here.


Honestly they've got the judgement, they're going to get every red cent of that judgement, so a cash settlement probably won't apply. Usually those happen before they go through the motions of getting a judgement.

quote:

I do not believe we were ever properly served papers for the court date.

Are you sure, if the court records say your wife was served, are you sure she wasn't? She neglected to tell you a lot of other things... just sayin'

quote:

I don't understand why they waited 2 years to garnish her wages without contacting us at all in that time period.

Doesn't matter, maybe they didn't know where she banked until then. I'd close all the account she has a name on if I were you. If she's joint on your savings account or something they can come after those funds as well.

quote:

I know for a fact they did not reply to my validation letter.

So what? There's this massive misconception on the internet about these letters. Everyone thinks they're some magic bullet that stops everything and they can't touch you. Did they try to contact you or collect on the debt after you sent the letter? If the answer is no, then it doesn't matter if they responded or not. They are well within their rights to file a lawsuit against the debtor at any time. They don't need to answer your DV letter to do so.

In fact sending a DV sometimes pushes the account into lawsuit status. There's a lot of hungry lawyers out there and things are different than they were 5 years ago. If they can gather the paperwork to take you to court these days, they're probably going to do it.

Honestly on debts within statutes of limitations and in states where wages and bank accounts can be garnished the best course of action for legitimately owed debts is to get in front of the problem and try to work something out. The internet is so chocked full of debt collection bullshit though people end up worse off than if they would have just gotten in front of the problem.

OBAMNA PHONE
Aug 7, 2002

skipdogg posted:

Are you sure, if the court records say your wife was served, are you sure she wasn't? She neglected to tell you a lot of other things... just sayin'

Believe me, I have considered that is entirely possible/likely :(

skipdogg posted:

Doesn't matter, maybe they didn't know where she banked until then. I'd close all the account she has a name on if I were you. If she's joint on your savings account or something they can come after those funds as well.

So what? There's this massive misconception on the internet about these letters. Everyone thinks they're some magic bullet that stops everything and they can't touch you. Did they try to contact you or collect on the debt after you sent the letter? If the answer is no, then it doesn't matter if they responded or not. They are well within their rights to file a lawsuit against the debtor at any time. They don't need to answer your DV letter to do so.

In fact sending a DV sometimes pushes the account into lawsuit status. There's a lot of hungry lawyers out there and things are different than they were 5 years ago. If they can gather the paperwork to take you to court these days, they're probably going to do it.

Honestly on debts within statutes of limitations and in states where wages and bank accounts can be garnished the best course of action for legitimately owed debts is to get in front of the problem and try to work something out. The internet is so chocked full of debt collection bullshit though people end up worse off than if they would have just gotten in front of the problem.

She has wanted to maintain separate accounts so that they could not come after me, so at least I have that going for me.

skipdogg posted:

You need to talk to a debt attorney. There are too many variables at play here.

Thanks, that's what I had feared the most. gently caress my life.

woozle wuzzle
Mar 10, 2012
Without knowing more, I'd say there's a solid shot you'll end up owing it (you = your family = you). There may be some method to appeal the default judgment. But if it turns out she does owes the debt, then you still end up in a place where she owes the debt. Contact a debt attorney, but be braced.

This all depends on the debt loads involved and a thousand other variables, but bankruptcy is worth considering. It would clear out her debt AND get the garnished money back if she files in time. Chopping $700 off the net filing fees could make it attractive. I've seen it save a marriage by erasing the pre-marital debt history. A married person can file bankruptcy without it affecting the spouse. Just food for thought.

Jealous Cow
Apr 4, 2002

by Fluffdaddy

BraveUlysses posted:

She has wanted to maintain separate accounts so that they could not come after me, so at least I have that going for me.

Paging CornHolio/Zarug!


Are you sure that's why she wants separate account?

Hugbot
Mar 10, 2006

skipdogg posted:

You need to talk to a debt attorney. There are too many variables at play here.


Honestly they've got the judgement, they're going to get every red cent of that judgement, so a cash settlement probably won't apply. Usually those happen before they go through the motions of getting a judgement.


Are you sure, if the court records say your wife was served, are you sure she wasn't? She neglected to tell you a lot of other things... just sayin'

...


Doesn't matter, maybe they didn't know where she banked until then. I'd close all the account she has a name on if I were you. If she's joint on your savings account or something they can come after those funds as well.

In fact sending a DV sometimes pushes the account into lawsuit status. There's a lot of hungry lawyers out there and things are different than they were 5 years ago. If they can gather the paperwork to take you to court these days, they're probably going to do it.

Honestly on debts within statutes of limitations and in states where wages and bank accounts can be garnished the best course of action for legitimately owed debts is to get in front of the problem and try to work something out. The internet is so chocked full of debt collection bullshit though people end up worse off than if they would have just gotten in front of the problem.

I work in debt collection and can comment on some of this. I am not a lawyer and none of this is legal advice. Most of it is common sense though.

1. True, collections attorneys will try to get every last cent, but it's not always easy. My firm has thousands of judgments sitting dormant without any known bank accounts or places of employment. That said there are a lot of industry resources to find out that information and sometimes blind luck is enough in itself.

2. The court should be able to provide you with an affidavit of service (if personal) or a return receipt (if served certified where permitted). As far as contesting service, that gets trickier and depends on the type of service, and also whether the process server or sheriff took any notes (if personally served).

3. Joint accounts can be attached in some jurisdictions.

4. DVs can push a case to legal status but can also stall it if your debt has been bought and sold a number of times. It can take many months to obtain statements and other proof sometimes. Other times it only takes days.

5. I'm obviously biased about this but I would much rather have people get on a payment plan than have to go track them down. And you can definitely negotiate settlement in full after judgment but it's not as good a deal as pre-suit.

OBAMNA PHONE
Aug 7, 2002

Jealous Cow posted:

Paging CornHolio/Zarug!


Are you sure that's why she wants separate account?

Yes and I get what you're getting at but that's not likely at all.

Fnord
Apr 20, 2001
WHAT
How much money are you willing to give a lawyer to fight a debt it is very likely you will end up paying anyways? For $3500 I personally would just consider it an expensive lesson on why communication is important in a marriage.

Bojanglesworth
Oct 20, 2006

:burger::burger::burger::burger::burger:
Look at all these burgers-running me everyday-
I just need some time-some time to get away from-
from all these burgers I can't take it no more

:burger::burger::burger::burger::burger:

skipdogg posted:

Give them a call and work something out before the hearing.

If I pay before the hearing does that mean there won't be a judgement against me? I basically just don't want it showing on my credit report.

ohnobugs
Feb 22, 2003


If you contact them and settle out of court before the court date, no, there will not be a judgment against you. It will show on your credit report as a settled collections account. If this does go to court you will be held responsible for legal fees as well as whatever interest and fees they can legally tack on, which varies state to state, so you may as well just contact the collections company and talk to them about what you'd like to do. You can definitely talk to a lawyer if you want, though most will probably not bother given it's such a small amount. Do your research.

woozle wuzzle
Mar 10, 2012

Bojanglesworth posted:

If I pay before the hearing does that mean there won't be a judgement against me? I basically just don't want it showing on my credit report.

Correct, if you pay it will head off the judgment. But if you go that route, double check with the court that it was satisfied and canceled. It's way easier to correct an error beforehand, than trying to correct a mistaken judgment afterwards.

You can check the status at the court's website here. Select "case status and information" on the left, then "general district court", then "case information". It's a free login, and you can see the exact status from the court's own system. If you pay and get it canceled, you can check there to make sure the court sees it that way too.

Tublicane
Jun 25, 2006
About four years ago a received a judgement from an unpaid credit card I had several years earlier, which I ended up paying to a collection agency. After applying for an increased limit on one of my credit cards they informed me that a had an open judgement on my credit report.  After checking my credit report, it looks like Transunion is showing an open, unpaid judgement.

I'm looking to buy a new car in the next several months and my credit is pretty decent now, but still has room for improvement.  What is the best action to take with regard to this judgement to improve my credit score?

Some advice I've seen online suggests that getting my credit report updated so that it shows the judgement has been satisfied could actually hurt my credit score because the judgement is fairly old.  Others say an open judgement will stay on my report indefinitely. 

URL grey tea
Jun 1, 2004

IT'S A SAD THING THAT YOUR ADVENTURES HAVE ENDED HERE!!

Tublicane posted:

Others say an open judgement will stay on my report indefinitely.

I think it varies per state, but I helped an old boss clean up his credit score and his judgement dropped off 7 years from the initial filing date once we disputed it and included court records confirming the age.

anotherjen
Oct 23, 2010
I was served the other day (11/14) by a collection agency for a credit card whose last activity on my credit report was 11/14/2008. The SOL in my state (Kentucky) is 5 years. I'm not even certain that date is correct, I really think I last made a payment before that. I am having a hard time understanding how to answer. Any advice? The debt was a $400 CC which is now 1200 after interest and fees, sold from Capital One to Portfolio Recovery Associates.

it is
Aug 19, 2011

by Smythe
This prompted me to check my credit, and apparently none of the credit bureaus can validate my identity. Why?

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Bojanglesworth
Oct 20, 2006

:burger::burger::burger::burger::burger:
Look at all these burgers-running me everyday-
I just need some time-some time to get away from-
from all these burgers I can't take it no more

:burger::burger::burger::burger::burger:

AuntBuck posted:

If you contact them and settle out of court before the court date, no, there will not be a judgment against you. It will show on your credit report as a settled collections account. If this does go to court you will be held responsible for legal fees as well as whatever interest and fees they can legally tack on, which varies state to state, so you may as well just contact the collections company and talk to them about what you'd like to do. You can definitely talk to a lawyer if you want, though most will probably not bother given it's such a small amount. Do your research.

woozle wuzzle posted:

Correct, if you pay it will head off the judgment. But if you go that route, double check with the court that it was satisfied and canceled. It's way easier to correct an error beforehand, than trying to correct a mistaken judgment afterwards.

You can check the status at the court's website here. Select "case status and information" on the left, then "general district court", then "case information". It's a free login, and you can see the exact status from the court's own system. If you pay and get it canceled, you can check there to make sure the court sees it that way too.


Ok, update time. I paid the money due to this collection agency before the court date. The law office said they will ask for a continuance for the court date (which is tomorrow) to give time for my payment to clear. Anyone know if this will show on my credit report as a judgment or will it just show as a settled collections account? Thanks for everyones help so far!

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