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Keep hope alive, the odds they have enough of a paper trail to get a judgement if you show up to contest is pretty low.
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Jan 28, 2018 02:35
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I think they got me. The summons had my original loan agreement as well as copies of the Bill of Sales for each of the collection agencies (four of them!) that bought then sold this debt before it got to them attached. I'm also 2 years away from the statute of limitations on the thing. I know the general advice is to just stick it out and see what the judge says, but I can't afford a garnishment if the judge sides with the collector. So I'm pretty tempted to cut a deal. I guess on the bright side I *shouldn't* have to worry about the other loan since they never responded to the validation request.
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Jan 28, 2018 02:53
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lord_daeloth posted:I guess on the bright side I *shouldn't* have to worry about the other loan since they never responded to the validation request. In that it means they may not have the documentation to prove the debt, possibly. There’s nothing in the FDCPA barring them from suing before providing validation though; they just can’t call you and harass you into paying. fordan fucked around with this message at 01:47 on Jan 29, 2018 |
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Jan 28, 2018 16:32
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I thought that was the whole point, though, that they couldn't continue collection efforts (including suing) before validating?
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Jan 28, 2018 16:51
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lord_daeloth posted:I thought that was the whole point, though, that they couldn't continue collection efforts (including suing) before validating? They can, anyone can sue for anything. You have to actually show up and defend.
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Jan 28, 2018 17:23
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lord_daeloth posted:I thought that was the whole point, though, that they couldn't continue collection efforts (including suing) before validating? A judgment is an absolute validation. That's what they're seeking.
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Jan 28, 2018 18:45
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lord_daeloth posted:I think they got me. The summons had my original loan agreement as well as copies of the Bill of Sales for each of the collection agencies (four of them!) that bought then sold this debt before it got to them attached. I'm also 2 years away from the statute of limitations on the thing. I know the general advice is to just stick it out and see what the judge says, but I can't afford a garnishment if the judge sides with the collector. So I'm pretty tempted to cut a deal. I guess on the bright side I *shouldn't* have to worry about the other loan since they never responded to the validation request. If you live in a state with solid rules of evidence you might be able to get all of that excluded as hearsay, but that will be extremely state specific. I won a case in Virginia that way. They had even flown a witness out, but since it wasn't a witness who worked at each of the places who'd previously held the records, I got it kicked out.
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Jan 29, 2018 01:46
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Ok, so I'm going to write to them to see if any sort of agreement can be reached. I don't want to say anything stupid and hand them the case just on the off chance that they decide to be dicks about it. I do think, given information they've sent and stuff I've read about defending against debt collectors in my area, that I'd have a fair chance of winning. However, as I said, I can't risk getting slapped with a garnishment and I'd rather just get this thing gone if I can. So here's the letter I've drafted so far:quote:*Stuff referencing case number, court date, date served, and verifying who I am* Is this dumb? Am I missing anything?
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Feb 5, 2018 21:21
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So my boss tells me today that they received documentation to garnish my wages in regards to a judgement against me in 2010, in a city I no longer live in. Essentially this is the first time I am hearing about this, the plaintiff listed is a debt collector so I don't even know who I allegedly owe money to. What's my course of action here? I filled out the form to request a hearing about it, but they pretty specifically state that I cannot object to the judgement itself, despite the fact that I don't ever recall being served in the first place for the original hearing. Am I completely boned? Do I really have to drive 4 hours to attend this hearing? Is it worth it to still send a Debt Verification letter to this debt collection company?
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Feb 13, 2018 19:05
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How much is the debt? If it's more than a few grand it might be worth calling an attorney in the jurisdiction where you were sued. If it's less than that it will probably cost more to fight than to pay, and it is probably too late to negotiate a good settlement.
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Feb 13, 2018 21:17
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The full amount is over $7,000. It also says that over $3,200 of that is interest.
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Feb 13, 2018 21:21
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Mahoning posted:So my boss tells me today that they received documentation to garnish my wages in regards to a judgement against me in 2010, in a city I no longer live in. Essentially this is the first time I am hearing about this, the plaintiff listed is a debt collector so I don't even know who I allegedly owe money to. What's my course of action here? I filled out the form to request a hearing about it, but they pretty specifically state that I cannot object to the judgement itself, despite the fact that I don't ever recall being served in the first place for the original hearing. I think it's possible for you to contact the court where the judgment was filed and ask for the judge to vacate the judgment on the basis that you were improperly served. Your first step is probably to get ahold of the court records for the lawsuit, those will document how you were supposedly served (in person? left at your address? by printing notice in the newspaper?). Then if you can make the case that you were improperly served you might be able to vacate the judgment.
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Feb 13, 2018 21:25
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Mahoning posted:So my boss tells me today that they received documentation to garnish my wages in regards to a judgement against me in 2010, in a city I no longer live in. Essentially this is the first time I am hearing about this, the plaintiff listed is a debt collector so I don't even know who I allegedly owe money to. What's my course of action here? I filled out the form to request a hearing about it, but they pretty specifically state that I cannot object to the judgement itself, despite the fact that I don't ever recall being served in the first place for the original hearing. The hearing you requested is probably about the garnishment itself, where you can argue if you fall under some of the categories that’d block garnishment (mostly being very low income). You should see if any of them apply to you, but it’s not the right venue for “what the hell is this?!?” Is it a valid debt? If you don’t recognize it you should get a copy of the court records where there was a default judgement against you that the garnishment was based on. You may also be able to see it on your free credit report which is probably faster and easier to get (Use the official http://www.annualcreditreport.com/ and not the bazillion other credit report sites set up to hook you into their credit services) Usually it’s pretty easy to get a new trial from a default judgement, especially if you can show you never knew about it, but if it is a valid debt than your hopes are they don’t have sufficient documentation of the debt, it’s outside the statue of limitations or the way they’re calculating interest is illegal. A debt verification letter isn’t going to help since nothing in the FDCPA stops a creditor from being able to sue you for the amount they feel you owe. fordan fucked around with this message at 16:25 on Feb 15, 2018 |
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Feb 15, 2018 16:22
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There's nothing on my credit report about it (keep in mind, the date of the original judgement is 2010 so it's been over 7 years) and I have no idea who the original creditor is or is claiming to be because all that it says is that the plaintiff is the debt collector.
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Feb 15, 2018 16:34
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Does the credit reporting time limit for an account start at the date of last account activity, i.e. same as statute of limitations? Or is it a different timeframe?
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Feb 15, 2018 16:55
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I got a call from a debt collector claiming that I owed them about $300 from a hospital that as far as I can remember (Mercy if you're Nancy and reading this), I've never been to as an adult, at I time when I happened to live in another state, and my mother actually worked at another hospital in town so there's just no loving way I'm liable for this. This is all the info I received: quote:debtee name - mercy hospital I contacted my state's attorney general to see if they had any additional information about this company. It seems that in the state of Iowa, in most cases dept collectors are required to file a notification with the AG. Neither company is on the list that the AG has provided: https://www.iowaattorneygeneral.gov/media/cms/Formatted_Spreadsheet_3DE52390AE035.pdf I feel like I busted my rear end paying all of my debts over the past five years. All of the debt have left is a pittance of student loans and my checking line of credit; At least that's what my credit report shows. I'm tired of scumbag debt buyers. If they make this even more difficult, I plan on filing a claim, if not just out of spite. Here's my plan, is there anything else I should be doing? Already told them all this over the phone. I'm going to send them the following today: quote:request: If they are ever able to get more info on it, I'll file a police report too. I should also mention that they didn't leave a voicemail message which I personally believe should be criminal in itself ... dougdrums fucked around with this message at 17:25 on Feb 20, 2018 |
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Feb 20, 2018 17:14
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dougdrums posted:I got a call from a debt collector claiming that I owed them about $300 from a hospital that as far as I can remember (Mercy if you're Nancy and reading this), I've never been to as an adult, at I time when I happened to live in another state, and my mother actually worked at another hospital in town so there's just no loving way I'm liable for this. So the debt is from IA, or another state? IA’s statue of limitations on debt is 5 years, so a 2009 debt even if it was valid isn’t collectible unless you do something to re-age the debt like make a payment or otherwise acknowledge its validity. If it was in a different state, you may want to check the statue of limitations on debt in that state. I wouldn’t bother bringing it up unless they actually respond to your debt validation letter though. They aren’t legally supposed to leave a voice mail more detailed than a “<debtor’s name>, call us back” since they aren’t allowed to share information about the debt with third parties and they can’t control who might listen to an answering machine. They’re going to be strongly preferring to actually talk to the debtor, so better to call repeatedly than leave a voicemail that might tip off the debtor about who is calling.
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Feb 20, 2018 18:19
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fordan posted:So the debt is from IA, or another state? IA’s statue of limitations on debt is 5 years, so a 2009 debt even if it was valid isn’t collectible unless you do something to re-age the debt like make a payment or otherwise acknowledge its validity. If it was in a different state, you may want to check the statue of limitations on debt in that state. I wouldn’t bother bringing it up unless they actually respond to your debt validation letter though. The debt is from Iowa, and I was under the impression that the SOL for medical debt was 10 years, so as far as that point goes, I'll need more concrete information from them. I don't know what they do to validate it, other than give a list of charges, so I'm a little worried they're gonna say, "oops guess it's valid now" and reset the SOL. Either way, it's impossible for me to be liable for this debt, and my former employer has no problem providing an alibi. In the case that they are able to send me the validation documents, I plan on going straight to the police with them. I understand the voicemail thing, I helped carry out a HIPAA audit once. They left silent voicemails though, which is really obnoxious.
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Feb 20, 2018 18:25
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dougdrums posted:The debt is from Iowa, and I was under the impression that the SOL for medical debt was 10 years, so as far as that point goes, I'll need more concrete information from them. I don't know what they do to validate it, other than give a list of charges, so I'm a little worried they're gonna say, "oops guess it's valid now" and reset the SOL. Either way, it's impossible for me to be liable for this debt, and my former employer has no problem providing an alibi. In the case that they are able to send me the validation documents, I plan on going straight to the police with them. Only your actions can reset the SOL. Debt collectors have been known to lie to the credit agencies about the dates to keep it on a credit report, but it’d be a pretty stupid collector who’d lie about dates and then take it to court where they’d have to present proof. And you’re right I think, 5 years for open account debt, 10 years for written contract debt which is what I assume medical debt would fall under which I missed. What are you expecting the police to do? Best case is they’ll give you a police report on a 9 year old case of identity theft (also past the statue of limitations to prosecute based on a quick google), assuming it was malicious and not just a data error on the hospital’s part. If it’s against the debt collector because they aren’t licensed, your better contact is probably the attorney general office if they are the ones maintaining the registry.
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Feb 20, 2018 19:13
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fordan posted:What are you expecting the police to do? Best case is they’ll give you a police report on a 9 year old case of identity theft (also past the statue of limitations to prosecute based on a quick google), assuming it was malicious and not just a data error on the hospital’s part. If it’s against the debt collector because they aren’t licensed, your better contact is probably the attorney general office if they are the ones maintaining the registry. Nothing, just file a report for the record. In case it comes up again, I can just send the report, I figure. I have no idea if it's a mistake or actual fraud, but it doesn't cost me anything to make a report.
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Feb 20, 2018 19:16
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dougdrums posted:Nothing, just file a report for the record. In case it comes up again, I can just send the report, I figure. I have no idea if it's a mistake or actual fraud, but it doesn't cost me anything to make a report. Last I checked CB actually does have a fee to discourage frivolous reports. The only thing where a report would be useful, and I think it would be a stretch, is to get your provider to record the calls as harassment.
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Feb 20, 2018 19:18
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NancyPants posted:Last I checked CB actually does have a fee to discourage frivolous reports. The only thing where a report would be useful, and I think it would be a stretch, is to get your provider to record the calls as harassment. Oh I report stuff here all the time here because nobody understands how to be civil here otherwise, at least in town (they are kids). I think they're probably poo poo outta luck anyways, so I'm convinced that I probably shouldn't waste time on it now, given that I've already talked to the AG's office about it. I talked to Mercy and the admin clerk just talked my ear off about all the scam calls she gets 
dougdrums fucked around with this message at 19:56 on Feb 20, 2018 |
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Feb 20, 2018 19:26
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With the help of NancyPants I was able to send them a DV letter today. Given that they had the audacity to offer a settlement once I received a dunning letter, despite telling them it's in error or fraudulent -- well they're gonna get hosed, which is the sum of what I can mention about it ...
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Feb 23, 2018 23:05
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dougdrums posted:With the help of NancyPants I was able to send them a DV letter today. Given that they had the audacity to offer a settlement once I received a dunning letter, despite telling them it's in error or fraudulent -- well they're gonna get hosed, which is the sum of what I can mention about it ... Ooo dang GL
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Feb 24, 2018 19:12
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Lat us know once you’re no longer under seal!  I hope they get turbofucked by your lawyer
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Feb 24, 2018 21:04
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Credit Karma recently alerted me that I have several medical bills that have gone into collection, and as a result my score has tanked; the issue, though, is that I don't recognize any of these charges, have not received any bills for them in the four years since I was supposedly charged, and when I called one of the two hospitals listed (I'm still trying to make actual human contact with the other one) they said they don't even go through this agency (Statewide Credit Association). I'm not really sure what steps to take next; I explained the situation to the woman from the collection agency, who said she's going to call these hospitals to verify with them that it's actually me and figure out what the charges are for, but what do I do in the meantime? The fact that one of the hospitals doesn't even deal with them screams "scam," but the fact that it impacted my credit score says otherwise. So what do I do here?
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May 16, 2018 19:49
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Manwall! posted:Credit Karma recently alerted me that I have several medical bills that have gone into collection, and as a result my score has tanked; the issue, though, is that I don't recognize any of these charges, have not received any bills for them in the four years since I was supposedly charged, and when I called one of the two hospitals listed (I'm still trying to make actual human contact with the other one) they said they don't even go through this agency (Statewide Credit Association). I'm not really sure what steps to take next; I explained the situation to the woman from the collection agency, who said she's going to call these hospitals to verify with them that it's actually me and figure out what the charges are for, but what do I do in the meantime? The fact that one of the hospitals doesn't even deal with them screams "scam," but the fact that it impacted my credit score says otherwise. So what do I do here? Keep copies of the changes to your credit report. Dispute it on your credit report. Get the collector's address and send them a request to verify the debt, and state that all further correspondence be made in writing. If you happen to have a lawyer retained, have all correspondence sent through them. Send it through certified mail w/ a receipt if possible. You generally have 30 days to request that they verify the charges. This 30 day timeline would probably be considered in play from the time you discussed it with them on the phone. After you make this request, and as they are preparing the information, they may not attempt to collect, report to any credit agencies, call you on the phone, or charge fees to the account, among some other stipulations. They should provide both the original payment agreement, and the original statement of charges from the hospitals. If it was a  mistake, they'll shut up and you can report them to the local AG after some time. If it prevented you from making a purchase or something, you may be able to litigate, if you want.If it was someone using your name to obtain services, and the information listed is inconsistent with your own identifying information, then you should file a police report and pursue criminal charges if able. If it was some other issue, and the information matches your own, but you still believe you do not owe, you must prepare to litigate  I do not get paid for law thinking nor should I. dougdrums fucked around with this message at 21:20 on May 16, 2018 |
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May 16, 2018 21:16
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Yikes! Yeah, I agree with dougdrums. This sounds very fishy. `Did I understand you correctly that one of the hospitals said you don't owe them anything? If so, see if you can get that in writing somehow and include it in your dispute. That said, medical bills are super easy to get out of ordinarily if you have any reasonable claim to not be responsible for them and make it clear you're going to fight. It's just not worth it since so many self-pay medical bills never get collected and they impact your credit score less than normal delinquencies.
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May 17, 2018 01:23
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dougdrums posted:Keep copies of the changes to your credit report. Dispute it on your credit report. Get the collector's address and send them a request to verify the debt, and state that all further correspondence be made in writing. If you happen to have a lawyer retained, have all correspondence sent through them. Send it through certified mail w/ a receipt if possible. You generally have 30 days to request that they verify the charges. This 30 day timeline would probably be considered in play from the time you discussed it with them on the phone. Thank you for this advice. I'll get on that ASAP! KernelSlanders posted:Yikes! Yeah, I agree with dougdrums. This sounds very fishy. `Did I understand you correctly that one of the hospitals said you don't owe them anything? If so, see if you can get that in writing somehow and include it in your dispute. They said that I do owe $23 (which I intend to pay since I learned about it directly from them), but they said that was all I owed. They specifically told me they don't deal with that collection agency. Alright, that's good information to have! I'm feeling a bit better about this situation, but I'm not going to relax until I know I'm in the clear.
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May 17, 2018 01:45
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I am definitely being sued by an old credit card company. Not statute of limitations old, but around 3 years or so old. It's for roughly $1700 which I super don't have. I've kept up with this thread for a while, but my question is this: can I settle out of court still by talking with the lawyer, or do I have to try to attempt to defend myself in court? I can't afford to take off work, especially now there's a $1700 bill looking so settling out of court would be preferable. As I understand it, if I were able to settle out of court, I should low ball them at around 10% with the intent of a "pay for delete" being the final result. I live in Michigan and I plan on recording any phone conversations I have with their attorney, but do I need to call the collection agency as well? Thanks in advance for any help you guys provide. I'm really worried about my checks getting garnished, so I want to try to resolve this as cleanly as possible. I'm not against the idea of counter suing, but again, my goal is to just end this as cheaply as possible.
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May 17, 2018 02:19
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Kabuki Shipoopi posted:I am definitely being sued by an old credit card company. Not statute of limitations old, but around 3 years or so old. It's for roughly $1700 which I super don't have. I have found that the most important thing is to get everything writing. Don't talk to their lawyer on the phone, only correspond in writing; he's probably trying to bullshit you into a trap. If you had no prior notice from them, you should be able to request that it be verified. If they didn't even bother to try to contact you before, they are essentially extorting you. Litigating sucks but depending on your local court, you should be able to request damages for the time off work also. Settling will have a impact on your credit, and depending on your situation, it may be beneficial to litigate. Settlements will generally stay on record. If you intend on settling, send the request in writing, and request that the terms of the settlement be returned in writing. Were you actually subpoena'd? quote:If you had no prior notice from them ... dougdrums fucked around with this message at 16:36 on May 17, 2018 |
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May 17, 2018 16:32
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dougdrums posted:With the help of NancyPants I was able to send them a DV letter today. Given that they had the audacity to offer a settlement once I received a dunning letter, despite telling them it's in error or fraudulent -- well they're gonna get hosed, which is the sum of what I can mention about it ... I guess since I'm lighting up this thread I can mention this. I had the audacity to offer a settlement and it was a deal. They're being investigated by two state AG offices. That's about all I'm willing or able to say, but I'd put that down in the thread as a win. Oh and the verification they sent was total garbage, one line item, info that was clearly absurd ... that ended up giving me a lot of leverage. Manwall! posted:Alright, that's good information to have! I'm feeling a bit better about this situation, but I'm not going to relax until I know I'm in the clear. This is why I want these shops to drown in styx. They're just uncivil thugs that scare people into paying. dougdrums fucked around with this message at 17:35 on May 17, 2018 |
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May 17, 2018 17:07
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dougdrums posted:I have found that the most important thing is to get everything writing. Don't talk to their lawyer on the phone, only correspond in writing; he's probably trying to bullshit you into a trap. If you had no prior notice from them, you should be able to request that it be verified. If they didn't even bother to try to contact you before, they are essentially extorting you. I did get mail a while ago saying I owe x dollars on different occasions, and I also got a summons taped to my door. I went to the courthouse to see the file and it was basically the terms of service agreement from the credit card printed up from the website, along with the actual court papers declaring they are suing me.
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May 18, 2018 00:26
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You got a Dunning letter and were legally served. That’s all a collections law firm needs to do. Out of curiosity, who owns the debt? I worked as a non-attorney legal auditor at a debt collection law firm and I can still remember some of the settlement limits for different clients.
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May 18, 2018 23:59
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I'm not at home at the moment, but I'll let you know once I get there. Am I still able to negotiate before the court date? Or am I just boned?
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May 20, 2018 04:23
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You can settle at any point. It can happen after judgment has been entered, but at that point there is much less incentive for the creditor to do so because they can legally garnish your bank account / wages / tax return.
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May 21, 2018 12:11
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I'm sure it cost them money to file probably, so 10% might be what it is already costing them. TBH I would try to ask to make $50-100 payments on half the balance, and see if anything sticks.
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May 22, 2018 13:46
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Cost for filing a debt collection lawsuit depends on the county and sometimes the balance being sought. It can be anywhere between $50 and $500. They seem to average around $150-$200. If you settle prior to judgment, you are usually not required to pay back filing fees. If you start paying after a judgment has been entered, the firm is usually awarded fees and costs, as well as statutory interest by state law. A lot of larger lenders and the big debt buyers were moving away from collecting on accrued interest post judgment. Most of the big direct lenders and debt buyers will no-hassle settle for about 50% pre-judgment, usually in a lump sum but 6-12 month payment plans were common. Sometimes you can get less than 50%, but that usually requires 1) some sort of proof of hardship and 2) a real human being approving a below blanket authority settlement.
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May 22, 2018 18:51
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I'm back! After talking to a few more people from one of the hospitals, it has been confirmed that they for sure don't deal with this billing agency and that I owe nothing; they're sending me some paperwork to reflect this. The situation with the other hospital has gotten more complex, as they claim I do owe, but the amounts and dates given don't reflect what I've been sent by the collection agency. They suggested I request an itemized document from the agency, but at this point I don't trust the agency to send me accurate information, so I'm not really sure what step I should take next.
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May 22, 2018 21:30
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Yeah that's good. Request it and make them show it. If it's not accurate, they can't really claim it.
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May 22, 2018 23:12
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