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Kase Im Licht posted:So they're suing you in Maryland? Is the 3 year SOL for Maryland or California? California is four years, Maryland is three.
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Oct 22, 2015 22:55
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Pretty sure they need to sue you in the state and county you reside in.
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Oct 23, 2015 01:47
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Muahahaha. I have a new collection agency harassing my in-laws. What is with these people? This is actually the strongest case I've had so far (haven't lost any). I have a recording of them telling my in-laws that they're threatening me with litigation. Fuckin slam-dunk. When I called them to go thru the regular spiel they tried to tell me that the guy calling doesn't work for their company and they have no record of anybody by that name. Kinda odd that a stranger would have the full name and case number of one of your targets...... Best of all while I was on the phone the first time with them I asked if they were attempting to collect a debt and straight up hung up the phone on me. This is gonna be case #4 for 2015. Love it.
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Nov 18, 2015 20:03
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revmoo posted:Muahahaha. I have a new collection agency harassing my in-laws. What is with these people? Sounds 100% easy win.
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Nov 18, 2015 20:04
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LorneReams posted:Sounds 100% easy win. No kidding. My attorney got back to me within like 4 minutes after I sent them all my stuff. They must be chomping at the bit on this one. Usually it takes them several days/weeks to respond on these things. There must be an absolute poo poo-ton of people that have no clue about these FDCPA cases for these collection agencies to break the law so blatantly. It wouldn't be profitable to violate these laws if more than a tiny percentage of people actually exercised their rights.
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Nov 18, 2015 20:19
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Revmoo: Would you ever consider starting a popehat-esq blog that focuses around FDCPA cases and your experiences with them (probably after the cases). It'd be fascinating to read about the details of your experiences I think.
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Nov 18, 2015 20:35
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Not a bad idea. I'll think about it. I wouldn't want to spotlight my experiences specifically, but I could see it being useful having a clearinghouse for information.
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Nov 18, 2015 20:39
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revmoo posted:Not a bad idea. I'll think about it. I wouldn't want to spotlight my experiences specifically, but I could see it being useful having a clearinghouse for information. Even just simple things like what you use to record calls, what documentation you give to a lawyer, and how much work it is for you after a lawyer takes the case is helpful info. I can't figure out how to record phone calls on my drat cell phone...I always only get my own side of the conversation and not theirs. I guess I could carry a recording device around...
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Nov 18, 2015 20:57
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OssiansFolly posted:Even just simple things like what you use to record calls, what documentation you give to a lawyer, and how much work it is for you after a lawyer takes the case is helpful info. I can't figure out how to record phone calls on my drat cell phone...I always only get my own side of the conversation and not theirs. I guess I could carry a recording device around... Yeah agreed. This is actually a great idea. My FiL whose getting all these calls runs a non-profit for lower-income people to help them with financial stuff, so there could be some useful crossover there as well. How to properly deal with collection agencies is a very useful skill to have and something he could probably benefit from with his non-profit work as most of it is centered around providing this sort of information. Ofc since he was a Fortune 500 exec he's never spoken with a collection agency in his life.
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Nov 18, 2015 21:09
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revmoo posted:Yeah agreed. Yea, I mean this thread helped me 'beat' two credit cards since they refused to work with me and tried to strong arm me. There is a good abundance of info in this thread, but I still have big bad Sallie Mae out there hounding me, and I know they break the law every time they call me lately. I just have been through so many recording apps and none work.
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Nov 18, 2015 22:16
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revmoo please teach me your ways. I got a dunning letter from ConServe in April of last year, saying I owed on a student loan. I sent back a debt validation letter CMRR and it was signed for. Nothing came of it, so I forgot about it. But I kept the records. Late last month I got a call from a toll-free number, which I ignored as usual. But they left a message - the standard "this is an attempt to collect a debt" call. That confused me, because I don't have any debt. But the agency name sounded familiar. I called back within 20 minutes, and the receptionist transferred me to the office of whoever called me. She specifically said there was no hold music, so I shouldn't hang up. After a minute or so, the call disconnected from their end. After that, I remembered why I recognized the name, and the whole procedure from last year. They called back a week later, and I answered. I recorded it too. I told the guy that I had previously disputed this debt, never heard back, and they now owed me $2000 for violating the FDCPA with the two calls. (I stammered and stuttered a bit due to nerves and anger, but I got it all out.) He asked if I was disputing the debt, I said of course I am, and he said they'd send me stuff in the mail. I did get another dunning letter, dated the same day as the first call, but nothing else as of two weeks later. The debt wasn't and isn't on my credit report, and I feel like they're trying to scam me, but they're a legit collection agency. I paid off all of my student loans several years ago, and have the records for that too. I'm pretty sure they've violated the law three times (two calls and one letter), plus I specifically said not to call me in my first letter to them. I want to send a letter back, something more than just another validation letter. I've got a draft written, but I don't even know if it's the right move. Should I just shut up and find a lawyer? I know people have won these cases pro se before, and it doesn't look that hard, but I'd like to make them and their alleged debt go away without having to sue them.
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Nov 19, 2015 21:13
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OssiansFolly posted:... I just have been through so many recording apps and none work. I think it depends on the hardware of the phone and the OS (Andriod/Apple), as to whether the Apps can access sound from the cellular radio/speaker, and not just your mic. I use Automatic call recorder (By appliqato) on my Samsung S6 (Andriod).
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Nov 19, 2015 21:22
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vortmax posted:I got a dunning letter from ConServe in April of last year, saying I owed on a student loan. I sent back a debt validation letter CMRR and it was signed for. Nothing came of it, so I forgot about it. But I kept the records. They aren't obligated to respond, they are simply obligated to cease collection activities until they send it IIRC vortmax posted:Late last month I got a call from a toll-free number, which I ignored as usual. But they left a message - the standard "this is an attempt to collect a debt" call. That confused me, because I don't have any debt. But the agency name sounded familiar. I called back within 20 minutes, and the receptionist transferred me to the office of whoever called me. She specifically said there was no hold music, so I shouldn't hang up. After a minute or so, the call disconnected from their end. Collection agencies LOVE hanging up on "difficult" people. Don't let them get away with it. Keep a log of every time you get hung up on. I called 31 times before getting what I wanted from an agency once and my lawyer put that number in the lawsuit. KEEP DETAILED LOGS OF EVERY INTERACTION!! Time, date, persons talked to, etc. THIS IS YOUR LIFELINE TO WINNING. I cannot stress that enough. vortmax posted:They called back a week later, and I answered. I recorded it too. I told the guy that I had previously disputed this debt, never heard back, and they now owed me $2000 for violating the FDCPA with the two calls. (I stammered and stuttered a bit due to nerves and anger, but I got it all out.) He asked if I was disputing the debt, I said of course I am, and he said they'd send me stuff in the mail. Don't ever show your hand when dealing with collectors. It accomplishes nothing. Their first indicator should be when your lawyers serve them. Stay calm, make a "script" of what you intend to discuss and run through it while on the phone. Don't hesitate to tell them to hang on because you're taking notes. If they hang up, make a note of it, and call back. vortmax posted:I did get another dunning letter, dated the same day as the first call, but nothing else as of two weeks later. Basically all collection agencies are trying to "scam" money from their targets. Really what they do is fine as long as they play by the rules. Here's what you do: - Send them a formal letter asking for them to provide documentation validating the debt, tell them you want all contact in writing only, and remind them that you already asked them for validation on <x_date_last_year>. Call them and tell the same as well and mark down the time and date, that way if they call again between your call and them receiving the letter you have them in a violation. I caught a violation on one of my cases in a six-hour span. Make a note of who you talk to, first and last name and note if they refuse. Give them your address, make them read it back to you. You may want to call first and then reference/remind them what you said in your letter. - Wait for their response. Analyze the claim. The courts have set an extremely low threshold for what constitutes "validating" a debt, however in my opinion if they don't have the basic terms of the loan; timeline, interest rate, borrower, school, etc, then they don't have a chance in hell of winning in court. Assuming one of two things; (a) This is a debt you already paid off. If this is the case, reply with a formal certified letter telling as such. Use simple, plain, short english and attach a copy of your paid-in-full-statement on the loan. Sum up the letter telling them their claim is without merit and remind them to keep all contact in writing. At this point all they can do is mail you letters, they can't bother you on the phone, and if they do you get a slam-dunk case against them. (b) This is an invalid debt for [someone else|you but it's all wrong]. Write them a formal certified letter back outlining why their claim is without merit. Again, keep the language simple, fact-based, and to the point. Tell them that if they choose to move forward with litigation you will look forward to vigorously defending yourself against their claims. Again remind them to only contact you in writing. That's pretty much it. This ties their hands and they'll gently caress off. If, by some bizarre confluence of events, they decide to sue you (which is really all they can do once you C&D'ed them), show up in court, be nice, have all your documentation, and watch them withdraw their suit because you actually showed up. vortmax posted:I'm pretty sure they've violated the law three times (two calls and one letter), plus I specifically said not to call me in my first letter to them. I want to send a letter back, something more than just another validation letter. I've got a draft written, but I don't even know if it's the right move. Should I just shut up and find a lawyer? I know people have won these cases pro se before, and it doesn't look that hard, but I'd like to make them and their alleged debt go away without having to sue them. If you have a dated letter telling them not to call you on the phone and a copy of your cell phone bill showing their number calling you--you have a case. PM me if you want my attorney.
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Nov 19, 2015 21:41
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The best thing is most of them sue in small claims, so you can file a free countersuit for FDCPA using their case (in my state at least), without having to pay any additional court fees. In fact the option is on the service documents. I love it when this happens.
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Nov 19, 2015 21:46
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Today my friend's work informed her there is a lien on her wages from a collection agency. They are taking 25% of her pay each check. The debt in question is from just around eight years ago and the original debt was much much less than what the lien amount is. She doesn't know what to do and I really don't know what to tell her. She is in Virginia. Is there anything that can be done to have that lien immediately removed, or is it too late because apparently its already been to court even though she had no idea? She is going to quit her job if she can't get something figured out with them.
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Nov 19, 2015 23:51
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I keep getting a call from some scammy zombie debt business. I've just blocked the number, but I'm wondering if I should go through the trouble of trying to extract money from them. I've already called them once and they hung up on me, and revmoo's post made me wonder if I shouldn't fight the good fight.
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Nov 20, 2015 00:46
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Bojanglesworth posted:Today my friend's work informed her there is a lien on her wages from a collection agency. They are taking 25% of her pay each check. The debt in question is from just around eight years ago and the original debt was much much less than what the lien amount is. She doesn't know what to do and I really don't know what to tell her. She is in Virginia. This means she blew off a court case and got a judgment against her. You need to find this case and research. If she was never served correctly, you can get it overturned.
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Nov 20, 2015 00:53
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revmoo posted:Keep a log of every time you get hung up on. I called 31 times before getting what I wanted from an agency once and my lawyer put that number in the lawsuit. KEEP DETAILED LOGS OF EVERY INTERACTION!! Time, date, persons talked to, etc. THIS IS YOUR LIFELINE TO WINNING. I cannot stress that enough. revmoo posted:Here's what you do: Thanks to you and LorneReams so far.
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Nov 20, 2015 01:30
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LorneReams posted:This means she blew off a court case and got a judgment against her. You need to find this case and research. If she was never served correctly, you can get it overturned. Basically do this. You have to prove that you were never served which could be as easy as seeing the address they had on file. After that you will have a case. I'd definitely look into the statute of limitations in your state as well...it probably defaulted 7 years ago, so it can't hurt to look at that as well to make sure they didn't screw up there as well.
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Nov 20, 2015 17:18
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Argh! My latest case has hit a dead end. The company is either unlicensed or running an unregistered D.B.A. Debating hiring a PI to sniff them out. They have enough folks in their call center to be a target, just need to find a way to figure out what their actual corporation is. Shady shady shady edit: Assuming they really are running an unlicensed business, I intend to report them to CFPB, Attorney General of CA, FTC. Any others I'm forgetting? These guys need to get hosed over HARD. revmoo fucked around with this message at 17:29 on Dec 2, 2015 |
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Dec 2, 2015 17:26
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revmoo posted:Argh! My latest case has hit a dead end. The company is either unlicensed or running an unregistered D.B.A. Well this just got good. I can't wait to see the outcome...please get a PI!
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Dec 4, 2015 15:02
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OssiansFolly posted:Well this just got good. I can't wait to see the outcome...please get a PI! Tracked them down on my own  They're running an unregistered D.B.A. Submitted complaints to California A.G. and CFPB. My lawyer doesn't seem interested so I think I'm going to shop the case around. Surely someone will take it. I have audio recording evidence ffs.
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Dec 4, 2015 15:08
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revmoo posted:Tracked them down on my own Your lawyer probably doesn't want to deal with that type of law. I bet you find someone to take that case. I just got a good one handed to me by my mom. Apparently when my uncle died back in 2013 there was a bad check written. My mom being a nice person paid the $1000. Well the bank has been calling and harassing her for years about not paying that amount, and threatening to sue. I told her last night I'd be happy to take over handling this for her! This one is a slam dunk since they keep calling after she said stop and she paid it. Not to mention SHE ISN'T ON THE ACCOUNT AND MY UNCLE IS DEAD!
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Dec 4, 2015 19:09
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revmoo posted:Tracked them down on my own Is there a reason you are just not walking into small claims and getting the obvious default judgment (like they are going to show...) and then just start taking their poo poo?
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Dec 4, 2015 21:08
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LorneReams posted:Is there a reason you are just not walking into small claims and getting the obvious default judgment (like they are going to show...) and then just start taking their poo poo? Couple things; - You can't get a default judgment against a company that doesn't exist. This is kind of why it's so illegal to use a fake company - I'd have to prove the connection between the fake company and the real one--that's kind of outside the realm of small claims - There would probably be jurisdictional issues since the offender is in Nevada, runs a company in California, and I'm in Kentucky - Most importantly, it's a huge waste of time to sue a collection agency in small claims when you can have an attorney do everything for free
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Dec 4, 2015 21:14
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I idiotically cosigned an auto loan for roughly $20,000 back in March with my now ex-husband. Obviously, we were still married at the time and I thought that status would remain in effect for longer than it did. We divorced over the summer. He has not made a payment since July. He was arrested in August, and his mother bailed him out. He lost his job as a result of the incident, and he went back to Michigan with his mother and with his car full of his stuff. I have an order of protection against him. We have not spoken since, and I have not seen him outside of his court appearances. Back in September, he and my father were corresponding via e-mail about a few business-related issues--namely signing the jointly owned house over to me, and my ex-husband agreed that he would try to get the car refinanced in his own name. That did not happen, and the bank's internal collections department is still hounding me as though I can help them track down someone against whom I have a restraining order. At this point, he could be anywhere. Maybe he's still living with his mom in Michigan, maybe he's with his brother in Texas, maybe he absconded with the vehicle to the Northwest Territories. At this point the vehicle is subject to repossession or legal action, apparently. I have already informed the bank that I don't know where he's keeping it and that they cannot contact me again about this matter. I don't want a repo on my credit history, and I certainly don't want to be sued over this. What are my options? I'm... not sure why he decided to fall off on payments. Losing his job probably has something to do with it, but we're in December now and zilch has happened. Wintir fucked around with this message at 19:49 on Dec 9, 2015 |
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Dec 9, 2015 19:43
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Wintir posted:I idiotically cosigned an auto loan for roughly $20,000 back in March with my now ex-husband. Did the divorce agreement say that your ex had to refinance in his name? If so, you can bring this up in court and see if the judge will light a fire under his rear end. If there's no order, though, he doesn't have to let you off the hook. Wintir posted:I have already informed the bank that I don't know where he's keeping it and that they cannot contact me again about this matter. I don't want a repo on my credit history, and I certainly don't want to be sued over this. What are my options? The bank is the original creditor. They can legally contact you regardless of your request. You may want to talk with your divorce attorney about a refinancing clause in the divorce agreement.
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Dec 9, 2015 20:02
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ibntumart posted:Did the divorce agreement say that your ex had to refinance in his name? If so, you can bring this up in court and see if the judge will light a fire under his rear end. The divorce was uncontested, and expedited due to the arrest. No lawyer was involved. I may have to get a lawyer involved at this point, however.
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Dec 9, 2015 20:16
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Wintir posted:I may have to get a lawyer involved at this point, however. Yep. This should be a no brainer.
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Dec 10, 2015 16:06
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Hey, my husband just started getting calls for a water bill on a house I sold 6 months ago. It's past the city collection agency and the calls are coming from California Accounts Services. I recently bought a new house and nothing showed up on my credit report about any unpaid bill. I have not received a dunning letter or anything in the mail about this bill. If it's anything, it's probably like a fifteen dollar closing fee that they sent after I moved or something. Should I inform the collections agency of my new address and follow the steps in the OP? Or is it not advisable to give them information they don't already have? Right now my husband is just getting pestered every day with these phone calls, and I'd like it to stop.
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Dec 10, 2015 20:52
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moana posted:Hey, my husband just started getting calls for a water bill on a house I sold 6 months ago. It's past the city collection agency and the calls are coming from California Accounts Services. I recently bought a new house and nothing showed up on my credit report about any unpaid bill. I have not received a dunning letter or anything in the mail about this bill. If it's anything, it's probably like a fifteen dollar closing fee that they sent after I moved or something. Call them back and do this: - Confirm they have your current, new address. MAKE them read it back to you - Tell them you want validation of the debt in writing mailed to you - Tell them to make no further contact via telephone - Start a timestamped log of every interaction with them, including all the previous calls you can find record of. Time date, who said what, etc. Wait for the letter, review their evidence. If the debt looks legit, contact the water company and confirm that they sold the debt to this agency. At that point you get to make some choices. You can try to negotiate a lower payoff, you can tell them to pound sand, etc. If it's not on your credit then I'd tell them to gently caress off personally, but that's just me. If they call again, get the name of the person, any details you can get from them etc, and write them down. Then google "FDCPA lawyer" and call the first result.
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Dec 10, 2015 22:34
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Maybe it's just my state, but the water bill belongs to the person who owns the house (It's addressed to resident, not to a person) and there's no way to put it in a name. I'd check on that.
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Dec 10, 2015 22:51
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Okay, I'll make them confirm the name (house is in San Diego, CA). On one website I found, it advised not to give them my current address but to tell them to send the validation notice to whatever address they have on file instead. I thought that was weird, since I might get forwarded the letter but we've lost a lot of mail in between addresses. What do you guys say? Give them my new address or just see what they have on file? I would have thought any unpaid bills would have resulted in a lien against the house when I sold it this May, so I'm thinking more and more this bill is not legit.
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Dec 11, 2015 01:37
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moana posted:Okay, I'll make them confirm the name (house is in San Diego, CA). On one website I found, it advised not to give them my current address but to tell them to send the validation notice to whatever address they have on file instead. I thought that was weird, since I might get forwarded the letter but we've lost a lot of mail in between addresses. What do you guys say? Give them my new address or just see what they have on file? That's horrible, lovely advice. Talk to your old utility company first and figure out what's going on. Then give them a ration of poo poo for sending you to collections, if that's the case. Regardless of what the utility company says, send the collections company a debt validation request and inform them that you can only be contacted by mail. Use your current mailing address. Some people are paranoid about giving collectors more info than they need. It's not without precedent; some are shady as poo poo and try asking for things like your SSN, but in your case you want to receive their response back, and being deliberately misleading about where you live could make things difficult if this goes to court. (It won't go to court, but there's no need to hide your current address.)
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Dec 11, 2015 02:03
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Collectors already have LexisNexis. Better to document the process and play the game imho
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Dec 11, 2015 02:25
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Shitposting is bannable again, FYI. Moana, you have a good chance of getting this resolved directly through the utility company.
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Dec 11, 2015 02:30
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I called the utility and they told me to call collections but I think there's a city collections it would have gone through first before being sold. I'll call them tomorrow and see what I can do. Thanks guys!
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Dec 11, 2015 03:55
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Wintir posted:The divorce was uncontested, and expedited due to the arrest. No lawyer was involved. That is not good news for you (well, obviously getting out of the marriage was, but debtwise I mean). Still, you might not be out of options. You might want to speak to a consumer debts attorney in addition to a family law attorney. If you have anything that shows your ex promised to take on the debt, make sure to bring that to your first meeting.
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Dec 11, 2015 04:35
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My mother just got a bill from a debt collection agency for ~$50,000 in medical expenses dating from Dec 2012 until early 2013 (no itemization, just dates and interest charges denoted). My father passed away in late 2013 and was fully able-bodied until then and handled the financial affairs. So imagine my mother's surprise when she claims this is the first time they have ever been contacted about this. By the time I talked to my mother she had already tried to call the debt collector (waiting on a callback) and I told her to stop since everything needs to be conducted in writing. She had also tried to call the medical center who originally owned the debt and they told her they transitioned to a new system and wouldn't be able to give her an itemized bill (  ).I was about to have her send a form letter for debt verification but she told me today that actually the "bill" was addressed to my late father. Does that change anything for how she should respond? This is in Missouri. She could certainly pay it, but this is really stressing her out because it is a huge chunk of money to her and she's not used to dealing with this kind of thing. I certainly understand and would tell her to pay it if it were owed, but I strongly believe my parents would have paid it had they been legitimately billed back in 2013 about it.
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Dec 11, 2015 12:37
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quote:She had also tried to call the medical center who originally owned the debt and they told her they transitioned to a new system and wouldn't be able to give her an itemized bill (). Well that's quite unfortunate for them then. Imagine if/when this goes to court and they try to tell the judge they have no proof.
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Dec 11, 2015 13:36
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