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Okay, I'll look into an attorney. I don't have PMs, but could you send it to EargesplittenSA@yahoo.com? I did send it certified, so that should help. I also noticed that T-Mobile doesn't save caller ID, just the number. Is there any way to get proof of who the number is registered to? I did get a voicemail from them identifying themselves, so that's a plus.
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Aug 10, 2015 18:42
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22 Eargesplitten posted:Okay, I'll look into an attorney. I don't have PMs, but could you send it to EargesplittenSA@yahoo.com? Don't worry about it, the receipt from the certified letter should be plenty, along with the phone number in your call records. These things are more shades of grey than black and white. The collector is unlikely to try and argue with an attorney that the phone number doesn't belong to them (and if the attorney thinks they're lying and then hire a service to track the number, the agency gets to pay that bill too). You're likely to get a settlement regardless but depending on your proof it might not be for the full thousand bucks. Email sent.
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Aug 10, 2015 18:52
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the littlest prince posted:I think that once it goes to court it's too late for DV or PFD. He might be able to get them to vacate the judgment if he was not aware of the court case until the judgment had been awarded, but if he can't be bothered to send a letter his best option is probably to just pay them off. It's just a matter of time and effort for them to garnish his wages. Thanks for the response. He showed up to work a few days ago with a newly-bought used truck, part of the deal he got was that they financed the money he needed to pay off the apartment debt. Apparently, they were selling the car below the NADA value, and the difference was the amount he needed for the apartment. I have a feeling he probably just dug himself into a much, much deeper hole but if that's the case I'm way too out of my depth to help him so...
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Aug 15, 2015 22:11
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I saw this and thought it was pretty funny. https://www.reddit.com/r/legaladvice/comments/3ga83g/michigan_hospital_says_i_owe_money_for_tendon/ Hospital is trying to collect on a recent knee tendon surgery from an amputee who doesn't have a knee. Says debt collectors are calling 20 times per day. Somewhere in Michigan, a lawyer just got a warm and fuzzy feeling.
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Aug 24, 2015 23:16
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canyoneer posted:I saw this and thought it was pretty funny. This just makes me picture a cartoon lawyer with giant money signs in his eyes. There is no losing this one.
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Aug 25, 2015 14:13
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22 Eargesplitten posted:Okay, I'll look into an attorney. I don't have PMs, but could you send it to EargesplittenSA@yahoo.com?
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Aug 25, 2015 22:58
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What does one do with a likely collections agency that keeps calling, asking for someone who has never lived here, and refuses to identify themselves to anyone but that person? I guess I could tell them I'm that person, but somehow that seems unwise.
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Aug 27, 2015 22:56
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baquerd posted:What does one do with a likely collections agency that keeps calling, asking for someone who has never lived here, and refuses to identify themselves to anyone but that person? I guess I could tell them I'm that person, but somehow that seems unwise. Same process. Get their mailing adress, keep notes, send them a c&d. One phone call is a payday. Btw just settled suit 3/3
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Aug 28, 2015 00:09
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Hopefully this isn't a repeat question somewhere in these 80-some pages, but basically apparently when signing up for internet in Germany, you sign up for a 2 or 3 year contract and death is basically the only escape. Even if I show I've left the country, which requires official documents stating I have moved out, I still have to pay until February. Since I'm traveling for the next few months, I can't quite do that. My question is: if I just don't pay and then never return to Germany, what will happen? I feel bad, but this is dumb. Shadow0 fucked around with this message at 03:58 on Aug 28, 2015 |
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Aug 28, 2015 03:30
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revmoo posted:Same process. Get their mailing adress, keep notes, send them a c&d. One phone call is a payday. They won't identify themselves though. I can't even get their name, let alone their address.
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Aug 28, 2015 18:04
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baquerd posted:They won't identify themselves though. I can't even get their name, let alone their address. They have to give you an address, or honor your request to handle any further communication in writing. If you state, "please do not call me any further as I would like all future communication handled in writing", they will have to honor your request. Also, Google the phone number...a lot of the time you can find out the company just from Googling the number.
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Aug 31, 2015 14:49
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OssiansFolly posted:They have to give you an address, or honor your request to handle any further communication in writing. If you state, "please do not call me any further as I would like all future communication handled in writing", they will have to honor your request. Also, Google the phone number...a lot of the time you can find out the company just from Googling the number. The number is blocked, doesn't show up in call log or on caller id except as the value "1". They answer all requests with "Is this XXX? I can't reveal any information if this isn't XXX."
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Aug 31, 2015 19:09
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baquerd posted:The number is blocked, doesn't show up in call log or on caller id except as the value "1". They answer all requests with "Is this XXX? I can't reveal any information if this isn't XXX." When this was happening to me when I was younger, I just went to the police station and filed a report stating they were harassing me. It stopped immediately, but I'm unsure if the complaint did anything, or they just stopped for some other reason.
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Aug 31, 2015 19:14
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baquerd posted:The number is blocked, doesn't show up in call log or on caller id except as the value "1". They answer all requests with "Is this XXX? I can't reveal any information if this isn't XXX." You can get a little bitchy with them next time they call. Inform them that they are required to identify themselves, as per the FDCPA, and that every call after you informed them you were not XXX is a violation of the FDCPA. There are some smartphone apps that are supposed to be able to trace calls like this, but none of them are free and a lot of them are sketchy. You might want to keep an eye on your credit report and see if anything new shows up.
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Sep 1, 2015 02:41
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AuntBuck posted:You can get a little bitchy with them next time they call. Inform them that they are required to identify themselves, as per the FDCPA, and that every call after you informed them you were not XXX is a violation of the FDCPA. There are some smartphone apps that are supposed to be able to trace calls like this, but none of them are free and a lot of them are sketchy. You might want to keep an eye on your credit report and see if anything new shows up.
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Sep 1, 2015 03:28
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baquerd posted:The number is blocked, doesn't show up in call log or on caller id except as the value "1". They answer all requests with "Is this XXX? I can't reveal any information if this isn't XXX." Yea, if you literally can't get any info from them then go the FDCPA route like everyone else said. If you REALLY aren't who they are calling for then continued harassment after you state that is a clear violation.
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Sep 1, 2015 13:41
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So in two days I have court for a credit card debt. We got behind in payments for awhile, got a bitchy letter from a lawyer saying they were going to sue us, so I made some payments, got it back on track and thought everything was just fine until I started getting junk mail from lawyers offering to defend me in my upcoming case and/or help me declare bankruptcy (neither of which is something I'm going to do, it's only for about $1900, probably not worth hiring a lawyer for). Awhile later I got a summons for court. The weird thing is that the bank/credit card people are acting like everything is normal and have been accepting my payments. That being the case, I'm seriously tempted to just pay the remainder off tomorrow. If I do this and they process the payment, can they still sue me?
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Sep 2, 2015 06:17
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Stabby_McBitchslap posted:So in two days I have court for a credit card debt. We got behind in payments for awhile, got a bitchy letter from a lawyer saying they were going to sue us, so I made some payments, got it back on track and thought everything was just fine until I started getting junk mail from lawyers offering to defend me in my upcoming case and/or help me declare bankruptcy (neither of which is something I'm going to do, it's only for about $1900, probably not worth hiring a lawyer for). Awhile later I got a summons for court. The weird thing is that the bank/credit card people are acting like everything is normal and have been accepting my payments. That being the case, I'm seriously tempted to just pay the remainder off tomorrow. If I do this and they process the payment, can they still sue me? I'd say don't pay it. Keep making your normal payments, bring the proof you've been doing that to the court house, and then when your case is called ask them to prove the debt is yours with a copy of the account or written contract/agreement. If they can't prove the debt is yours they have no right to collect on it. If they prove they have the right to collect on it then use this opportunity to settle for a lower amount. If you have the money to pay it off it would have been better to do so before a couple days before the court date, but since you are at the door you may as well go there with the plan to pay it off in the event everything else falls through. (Obviously this isn't legal advice...I'm not a lawyer. I have fought and won 2 cases against credit cards I owed on.)
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Sep 2, 2015 13:58
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If you can, pay it off. Then bring proof to your court date. They may not be able to call it off with this short a lead time, but there's no sense in not paying it if you can and potentially paying their lawyer fees, etc. If you want you can probably have a nice chat with the judge about how you had gotten back on track with payments and were quite surprised by this lawsuit. You've got a great opportunity here to make a collections lawyer look like a dick. edit: This is a lawyer representing the bank you have the card with isn't it?
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Sep 2, 2015 14:01
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Yes, that's the case... I'm not certain that the bank is even aware this is going on. And I don't think it will take much to make this guy look like a dick. Plus, I know the judge, so I guess that might help.
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Sep 2, 2015 16:52
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The lawsuit is probably an automatic response from their collections department. Banks are really lovely at reigning in collections once a customer gets back on track. Good luck and let us know how it goes.
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Sep 2, 2015 18:33
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OssiansFolly posted:I'd say don't pay it. Keep making your normal payments, bring the proof you've been doing that to the court house, and then when your case is called ask them to prove the debt is yours with a copy of the account or written contract/agreement.
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Sep 3, 2015 23:17
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That's not relevant here. The debt is still with the original creditor.
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Sep 3, 2015 23:28
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AuntBuck posted:The lawsuit is probably an automatic response from their collections department. Banks are really lovely at reigning in collections once a customer gets back on track. Good luck and let us know how it goes. Apparently today was just the preliminary hearing. The bank's attorney tried to convince us to take a summary judgment against us. We told him that wasn't happening, so they set a trial date for next month. I think I'm going to just pay it off with the bank and then file a motion to dismiss, but I'm not exactly sure how that works.
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Sep 4, 2015 00:14
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Question for you all -- I have an account that went into collections on 2/14/14 for $230~, I payed it off immediately in full. It is now 9/6/2015 and it is still showing as an open account. This account was from a university. The collector is 'Enterprise Recovery Systems'. I called the collector about 6 months after having paid it and they didn't really want to talk to me, giving me an answer of 'it sometimes takes awhile'. I called them again about 5 months after that and they said I had to call the university. I got in touch with the university and asked them what the hell and they said it's on the collection agency to update the state of the debt. I'm pretty pissed off about this and if it makes sense, I want to shake a lawyer at someone to make this go away. Is someone violating laws at this point? What do I say to who to make this go away? The debt is in North Dakota, but I currently live in CA if that matters.
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Sep 6, 2015 20:46
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Canine Blues Arooo posted:I have an account that went into collections on 2/14/14 for $230~, I payed it off immediately in full. It is now 9/6/2015 and it is still showing as an open account. Did you get a receipt? If not, you may be in some poo poo, but start off by disputing it with the credit reporting agencies regardless.
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Sep 6, 2015 21:37
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baquerd posted:Did you get a receipt? If not, you may be in some poo poo, but start off by disputing it with the credit reporting agencies regardless. I did not, but I have a bank statement that clearly says 'money from my account went into their account for this amount at this time'. I'll dispute it right now.
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Sep 6, 2015 21:42
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Canine Blues Arooo posted:Question for you all -- I just sucessfully settled a lawsuit against ERS. They're criminals. Document. Document. Document. And then lawyer up.
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Sep 6, 2015 22:20
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Canine Blues Arooo posted:I did not, but I have a bank statement that clearly says 'money from my account went into their account for this amount at this time'. I'll dispute it right now. When you say "dispute" you obviously mean sending a certified letter with verification of receipt to the credit companies, right? Make sure anything and everything you do and send has proof of what you did and sent. I just finally finished paying on a student loan that I rehabbed, and at the 30 day mark it hadn't been cleared so I mailed a letter with proof the final payment had been made.
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Sep 8, 2015 13:56
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Just got a letter from a debt collector with the following disclaimer: quote:The law limits how long you can be sued on a debt. Because of the age of your debt, our client will not sue you for it. In many circumstances, you can renew the debt and start the time period for the filing of a lawsuit against you if you take specific actions such as making certain payment on the debt or making a written promise to pay. You should determine the effect of any actions you take with respect to this debt. Soooo ... they have no way to make me pay it unless I start to pay it. I'm amazed that is in a debt collection letter. Is that an Obama thing? If so, Thanks Obama.
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Sep 15, 2015 23:25
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Puppy Galaxy posted:Just got a letter from a debt collector with the following disclaimer:
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Sep 15, 2015 23:28
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Dik Hz posted:What state do you live in? I'm betting it's a state thing. I'm in NH but would it be a state thing? Usually letters will have some disclaimer for residents of X states (that have stricter consumer protection laws than NH, which isn't hard to have). I mean, the debt is for $600 so it's unlikely I'd get sued for it anyway. Still, I appreciate being told by the debt collection agency that it's in my best interests not to pay. Maybe they're just really chill.
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Sep 15, 2015 23:33
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Puppy Galaxy posted:I'm in NH but would it be a state thing? Usually letters will have some disclaimer for residents of X states (that have stricter consumer protection laws than NH, which isn't hard to have).
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Sep 16, 2015 00:16
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Puppy Galaxy posted:I'm in NH but would it be a state thing? Usually letters will have some disclaimer for residents of X states (that have stricter consumer protection laws than NH, which isn't hard to have). So in some cases, a debt might be old enough that they can't sue you for it (and this just really means that they CAN sue you but if you show up and point out the facts, it'd get thrown out), but it can still legally be reported. In certain circumstances, say getting a bank account (if this were ann unpaid check, for example), getting a mortgage, or applying for a security clearance, it might make sense to pay it off even though it re-ages the debt. They're not really chill. They're following the loving law. Depending on the age and type of your debt, they may be following either state or federal law.
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Sep 16, 2015 00:17
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NancyPants posted:So in some cases, a debt might be old enough that they can't sue you for it (and this just really means that they CAN sue you but if you show up and point out the facts, it'd get thrown out), but it can still legally be reported. Encore and Portfolio just got smacked by the CFPB for suing on time-barred accounts.
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Sep 16, 2015 01:04
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Hotdog In A Hallway posted:If they sue you on a debt past the statute of limitations, it's an FDCPA violation. It is, but being against the law doesn't prevent people from doing it. It just means you have an affirmative defense and cause to countersue.
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Sep 16, 2015 01:58
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Stabby_McBitchslap posted:Apparently today was just the preliminary hearing. The bank's attorney tried to convince us to take a summary judgment against us. We told him that wasn't happening, so they set a trial date for next month. I think I'm going to just pay it off with the bank and then file a motion to dismiss, but I'm not exactly sure how that works. Update: I went ahead and just paid it all off (paid the bank directly, didn't deal with the lawyers at all) and when I showed up for court ready to chew lawyer rear end, I found out the case was dismissed the day before. Success! e: I received the official letter stating that the case had been dismissed with prejudice yesterday. Ah, sweet victory! Stabby_McBitchslap fucked around with this message at 00:17 on Oct 22, 2015 |
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Oct 20, 2015 01:10
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Here is the situation; 6 years ago(before I knew her) wife had ~$2500 doctor debt in Maryland. She moved to California. The statute of limitations is 3 years, but we just got a certified mail that we didn't sign for (the mail is waiting at the post office for her to sign). We went on-line and checked Case Search, and they are in the process of suing her. What do we do? I don't want her to pay for an airplane ticket to fly over there, miss work, just to dismiss the case. How do we fight it 3000 miles away?
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Oct 22, 2015 18:00
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Call the small claims court clerk and ask how to file for dismissal and whether that would allow a judgment on affidavit instead of having to appear in court.
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Oct 22, 2015 19:39
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So they're suing you in Maryland? Is the 3 year SOL for Maryland or California?
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Oct 22, 2015 22:46
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