Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
seacat
Dec 9, 2006

CubsWoo posted:

The FDCPA applies to anyone trying to collect a debt. This includes original creditors, collection agencies, junk debt buyers, and lawyers representing any of the above.
Wow, so if this is true, according to 805.c:

quote:

c) CEASING COMMUNICATION. If a consumer notifies a
debt collector in writing that the consumer refuses to pay a
debt or that the consumer wishes the debt collector to cease
further communication with the consumer, the debt collector
shall not communicate further with the consumer with
respect to such debt, except—
(1) to advise the consumer that the debt collector’s further
efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor
may invoke specified remedies which are ordinarily
invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt
collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification
shall be complete upon receipt.

I can write a letter to Wells Fargo Card Services Collections Department or Sallie Mae Collections Department to stop contacting (ie calling 8 times a day) me unless they intend to sue me (ha ha I live in TX)? IANAL and something seems fishy about this, you said you had to change your phone #, I'm assuming because of the constant calls. Id gladly pay them their money if I had any but I dont and Ive told them so. Its kind of annoying checking your phone every 20 minutes hoping for a job callback and drat, its Wells Fargo again.

Adbot
ADBOT LOVES YOU

Rubber Johnny
Apr 18, 2007

When I was a child if someone brandished a shrink gun he'd get a little bit of respect!

antwizzle posted:

Wow, so if this is true, according to 805.c:


I can write a letter to Wells Fargo Card Services Collections Department or Sallie Mae Collections Department to stop contacting (ie calling 8 times a day) me unless they intend to sue me (ha ha I live in TX)? IANAL and something seems fishy about this, you said you had to change your phone #, I'm assuming because of the constant calls. Id gladly pay them their money if I had any but I dont and Ive told them so. Its kind of annoying checking your phone every 20 minutes hoping for a job callback and drat, its Wells Fargo again.

I don't think they are allowed to call more than once a day either.

Micgael
Aug 8, 2007

"Gimme a kiss."

Rubber Johnny posted:

I don't think they are allowed to call more than once a day either.

They can only call once. If I remember correctly, if they speak to you, and they reasonably think the call was dropped due to a network error, they can call back once.

I used to debt collect for the US Department of Education through a firm in Indianapolis that is well known in the area for predatory collection practices. Worst job ever.

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

antwizzle posted:

Wow, so if this is true, according to 805.c:


I can write a letter to Wells Fargo Card Services Collections Department or Sallie Mae Collections Department to stop contacting (ie calling 8 times a day) me unless they intend to sue me (ha ha I live in TX)? IANAL and something seems fishy about this, you said you had to change your phone #, I'm assuming because of the constant calls. Id gladly pay them their money if I had any but I dont and Ive told them so. Its kind of annoying checking your phone every 20 minutes hoping for a job callback and drat, its Wells Fargo again.

I changed my phone number before I was really aware of my rights and started fighting back instead of ducking and cowering. Sending these letters with the return receipt, certified mail is the most important part - save all those green cards, because it's a simple defense for them to say 'we never got your letter' unless you have proof through those mailings. Some people go so far as to have FedEx/UPS deliver them, but I don't feel that's necessary. It also gives you standing if the letter comes back unopened, because you can show a good faith effort to exercise your rights that was denied because they wouldn't accept your letter.

Also correct that they can only call once per day, during acceptable hours.

Kase Im Licht
Jan 26, 2001

CubsWoo posted:


The FDCPA applies to anyone trying to collect a debt. This includes original creditors, collection agencies, junk debt buyers, and lawyers representing any of the above.

Before anyone gets themselves in trouble or makes a fool of themselves I'll just point out that THE FDCPA DOES NOT APPLY TO ORIGINAL CREDITORS. Basically every single web page you can find talking about the FDCPA will point this out.

quote:

(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

Fermunky
May 30, 2003

The monkey is NOT impressed...
How do I go about properly "finding" all my debt? I don't know how I've made it so far without legal threats, but my financial situation has greatly improved since I rang up my debt years ago. With me moving, they seem to not have gotten my new address. I tried using the annualcreditreport.com method of seeing my debts, but all three agencies seem to show different things, and I really want to get in touch with all those I owe now...

I just re-read some other key posts. I really need to look into this statute thing. My debt is very old and only over a few accounts for fairly low amounts, most only just into the 4 digit ranges.

Fermunky fucked around with this message at 20:37 on Dec 14, 2009

EVG
Dec 17, 2005

If I Saw It, Here's How It Happened.

CubsWoo posted:

If the debt is outside of statute, their attempts to collect are violations of the FDCPA, and if they're trying to re-age (change the last date of delinquency so that the debt appears to be in statute) that's a violation of the FDCRA. Send them a letter demanding they stop trying to collect or you plan to sue because they're trying to collect on a time-barred debt. Do not pay them anything. If they're trying to collect on a time-barred debt, you can be almost 100% sure they won't honor any settlement pay/delete agreements.

Real sorry if I missed it in the thread, but can you give me a basic example of what a letter like this should look like?

I'm also in Illinois so whatever statute you quoted will probably work for me too (I hope!) :)

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Kase Im Licht posted:

Before anyone gets themselves in trouble or makes a fool of themselves I'll just point out that THE FDCPA DOES NOT APPLY TO ORIGINAL CREDITORS. Basically every single web page you can find talking about the FDCPA will point this out.

This is correct, but I should clarify: The FDCPA may not apply to original creditors - but many states in the nation have state laws/statutes that basically extend the FDCPA to original creditors, and (I believe) all of them have a law or statute that is similar in scope, if not in damages allowable. Check your state laws! Not to mention, if the OC files suit against you, their hired firm IS bound to the FDCPA, since they're considered a third party. I'm not sure if in-house counsel would be - i've never had to deal with that. OC's are also bound to the FCRA, so make sure your debt is being reported properly.

EVG posted:

Real sorry if I missed it in the thread, but can you give me a basic example of what a letter like this should look like?

I'm also in Illinois so whatever statute you quoted will probably work for me too (I hope!) :)

RE: Account 2492374892739234
Dear Debt Collector Fuckface,


I request that you cease and desist your efforts to collect on the above referenced alleged account. The alleged debt is time-barred as per 735 Illinois Compiled Statute 5/13-205 and I am under no obligation to pay any amount on this alleged debt you claim I owe. Do not contact me, my family, or any third party in regards to this debt in future, by any means, with the exception of a letter agreeing that you have received this and agree to never contact me again in any form. Attempts to misrepresent this alleged debt may result in my initiation of legal action against your company for violations of the Fair Debt Collection Practices Act (FDCPA,) the Fair Credit Reporting Act (FCRA) and the Illinois Uniform Commercial Code (UCC.)

Thank you,


Name

CubsWoo fucked around with this message at 21:27 on Dec 14, 2009

EVG
Dec 17, 2005

If I Saw It, Here's How It Happened.
You're the best!

Loco179
May 18, 2008
I did a debt validation letter for a apartment debt.

They provided the lease agreement but did some strange stuff for the debt.This is to a collections agency.

They failed to provide a few things...

Prove the Statute of Limitations
Showed me they are licensed to collect in my state
Provide me with the licensed numbers and Registered Agent.

What are my options?

quepasa18
Oct 13, 2005

Loco179 posted:

I did a debt validation letter for a apartment debt.

They provided the lease agreement but did some strange stuff for the debt.This is to a collections agency.

They failed to provide a few things...

Prove the Statute of Limitations
Showed me they are licensed to collect in my state
Provide me with the licensed numbers and Registered Agent.

What are my options?

By licensed to collect, do you mean licensed to practice law? Because if you owe me a debt, I don't have to be "licensed" to attempt to collect it from you, nor does a collection agency I hire to collect the debt up until a lawsuit is filed. If you're talking about attorneys, that and the statute of limitations will come up if they sue you in court. In the meantime, the FDCPA doesn't require that information be given to you, unless there's a particular law in your state that requires it.

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

quepasa18 posted:

By licensed to collect, do you mean licensed to practice law? Because if you owe me a debt, I don't have to be "licensed" to attempt to collect it from you, nor does a collection agency I hire to collect the debt up until a lawsuit is filed. If you're talking about attorneys, that and the statute of limitations will come up if they sue you in court. In the meantime, the FDCPA doesn't require that information be given to you, unless there's a particular law in your state that requires it.

This is pretty much correct, check your state laws. Some states require the agency provide you with a license showing that they're either licensed in your state or in their home state. Generally, though, even if they've excluded that information, that's a sufficient DV letter. Check the info they've given you. Does it jive with the records you have? You've got a right (sometimes before court, sometimes during, again check state laws) to have a full accounting of the debt and how they came to the number they claim you owe.

Trillian
Sep 14, 2003

power posted:

I haven't had a look at my Credit report, and know that is step 1. We can go as far as to assume its ugly. The "pay for delete" option in the US is very intriguing. I was making 50+K a year for the last 2 years, and couldn't get even a $500 secured card, which is incredibly limiting when it comes to online transactions, traveling, etc. It's kind of sad driving a brand new vehicle and being unable to book a hotel room!

Any Canadian credit expert goons able to lend some insight?

I am not an expert, but pay-for-delete is rare to nonexistent in Canada. If it's been six years since that loan went bad, you might as well wait for it to drop off your report.

I can't help but mention that if you can afford to buy a brand-new vehicle, you can afford to pay off your debt, and that would be the right thing to do.

Cannabis
Feb 15, 2009
Maybe this was asked before...but didn't catch it. Let's say if you are about to reach the SOL for an account, and then another collector purchases that account...does it start over? Or does it only start over if you send a payment?

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Cannabis posted:

Maybe this was asked before...but didn't catch it. Let's say if you are about to reach the SOL for an account, and then another collector purchases that account...does it start over? Or does it only start over if you send a payment?

No. Statute can only restart if you make a payment.

keelem
Jun 23, 2004

If I got a dunning letter from an attorney saying he represents the debt collector, should all my communication to the debt collector be addressed to him?

Also, you suggested I dispute my debt with a credit agency. I checked my credit report and only the charged-off credit card account is showing up. There's no other information there about an account in collections with the debt collector that bought my debt. How should I go about disputing it?

Pagan
Jun 4, 2003

Excellent thread! I've got a few questions, tho.

First, how should I handle a debt collector who hasn't sent me a notice that I've paid? I closed a Bank of America account while it was in the negative due to a bunch of fees they charged, and they put me on Chexsystems, so I can't open a new checking account. I found a few banks that said if I could get a letter showing the balance had been paid, they'd let me open an account. I tracked down the agency that bought the debt, and paid it. Despite them saying, three times, that my letter was in the mail, I don't have it yet. I want to open a checking account goddammit, and it's been almost 30 days since they signed for my payment. What can I say or do to get them to send me my letter?

I've got a few items that are listed multiple times on my credit report. I assume this is because the debt has been sold a few times. What's the best way to deal with this?

If I want to contest a debt, am I better off sending a letter to the credit reporting agency, or to the debt collector? If I want to contest multiple ones, can I include them all in one letter; could I write Experian and say "I'm contesting the following items, blah blah" or should each item be contested one at a time?

Thank you so much for posting this thread!

samizdat
Dec 3, 2008
I'm wondering if it's worth it to call the lawyers up and saying something like, "Sorry dudes, but I'm basically on welfare. You aren't going to get your money within the next several years, so please just make this all go away"?

I've got less than $5k in credit card debt across two cards. It appears the original creditors have gotten local debt collection lawyers involved. I'm in very bad financial/medical shape, but working to get myself out eventually. I'm on public assistance and in a community college.

It's either that or bankruptcy, and people tell me that declaring bankruptcy over less than $5k is completely stupid, but screw it. I'm not in any position where my credit score will matter much until I'm done with school (at least another 5 years).

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

keelem posted:

If I got a dunning letter from an attorney saying he represents the debt collector, should all my communication to the debt collector be addressed to him?

Yes.

quote:

Also, you suggested I dispute my debt with a credit agency. I checked my credit report and only the charged-off credit card account is showing up. There's no other information there about an account in collections with the debt collector that bought my debt. How should I go about disputing it?

The debt may not have been reassigned to the new agency/collector. Dispute it and make them update it with proper information, this can be done either with a letter to the bureaus or online.

Pagan posted:

Excellent thread! I've got a few questions, tho.

First, how should I handle a debt collector who hasn't sent me a notice that I've paid? I closed a Bank of America account while it was in the negative due to a bunch of fees they charged, and they put me on Chexsystems, so I can't open a new checking account. I found a few banks that said if I could get a letter showing the balance had been paid, they'd let me open an account. I tracked down the agency that bought the debt, and paid it. Despite them saying, three times, that my letter was in the mail, I don't have it yet. I want to open a checking account goddammit, and it's been almost 30 days since they signed for my payment. What can I say or do to get them to send me my letter?

I've got a few items that are listed multiple times on my credit report. I assume this is because the debt has been sold a few times. What's the best way to deal with this?

If I want to contest a debt, am I better off sending a letter to the credit reporting agency, or to the debt collector? If I want to contest multiple ones, can I include them all in one letter; could I write Experian and say "I'm contesting the following items, blah blah" or should each item be contested one at a time?

Thank you so much for posting this thread!

Send a verification letter to the collector and dispute with the bureaus - again, you can do this online or with a letter (it's super easy to do online if you have the paid monthly account with the bureau; slightly less so if you don't but still possible, they bury it on the sites.) As for Chexsystems I've never had to deal with them - when you paid the collector, did you get in writing that they'd send you the 'paid in full' letter? If it's still on your report, dispute it as paid and if the bureau asks you for more info you can send them a copy of the cancelled check as proof. And yes, you can contest multiple debts in one letter/website visit, just make sure you include as much info as you can about them in your letter.

samizdat posted:

I'm wondering if it's worth it to call the lawyers up and saying something like, "Sorry dudes, but I'm basically on welfare. You aren't going to get your money within the next several years, so please just make this all go away"?

I've got less than $5k in credit card debt across two cards. It appears the original creditors have gotten local debt collection lawyers involved. I'm in very bad financial/medical shape, but working to get myself out eventually. I'm on public assistance and in a community college.

It's either that or bankruptcy, and people tell me that declaring bankruptcy over less than $5k is completely stupid, but screw it. I'm not in any position where my credit score will matter much until I'm done with school (at least another 5 years).

The lawyers don't care, honestly. You might be able to get somewhere with a goodwill letter (basically telling your sob story and asking that they don't litigate/saying you're not worth their time) but all they care about is getting the judgment on your record. They stay on your report for ~10 years (and in some states can be collectable for 20 or more years) and they'll just check up on you every six months after getting the judgment and see if you now have a garnishable income or bank account that can be taken. On top of that, the judgment does collect interest, so once you're back on your feet you may find your money going towards the old debt. I wouldn't declare bankruptcy - if they do decide to sue, fight back pro se/get help from a local free legal help center. If you're on public assistance you'll qualify.

OMGLOLetcetc
Feb 13, 2008
Victim Of The '08 Account Hijackings :(
My girlfriend got sued by some gym after they sold her debt to a collection agency. She went to the court date and the lawyer said "Wow...no one ever shows up to these things." After she heard that she told him that for her $500+ in debt, she would pay it all off right then and there for about $200. The lawyer said "Yeah, sure!". Guess he was just happy to get something.

I plan of keeping up with this thread as much as I can. I have tons of student loans well past due as well as over drafted bank accounts. I honestly want to pay all of it back, I'm just underpaid....so it just doesn't work out.
I hope during income tax time I can take my whole check and haggle with some of the folks I owe money too. I already have my credit report printed with everyone I owe money to. My action plan is to just call them, offer the least I can, and hope they take it. If they don't, they are at the bottom of the totem pole and I move on to the next.

Thanks for all the info!!

ZoneManagement
Sep 25, 2005
Forgive me father for I have sinned
I got a phone call tonight and this thread popped into my mind.

A lady from NCO called, stating that I owed Sears about 2000 bucks, but they would settle for 680. I said ok, can you send me verification that I owe the debt? She said ok, and hung up. She wasn't impolite or anything at this point.

I incurred this debt about 11 or 12 years ago, give or take. Maybe 13. I went through a bad point in my life, and was completely unable to pay it at the time. I've pretty much put it behind me, it was, again, a bad point.

At this point the debt must be charged off many years ago. I'm about to pull my credit report from Annualcreditreport.com to see what's on it. I also bought a house a year ago, so it wasn't there then.

What should I do if she calls again? Should I request a dunning letter? I live in Georgia, but at the time I lived in Connecticut.

Dacke
Jun 29, 2006

CubsWoo posted:

No. Statute can only restart if you make a payment.

I remember reading somewhere when I was fighting a debt myself that in some states it can also restart if you agree to pay the debt over the phone to the collection agency. You've basically admitted that the debt is yours. I was very careful about what I said to them over the phone, but I was wondering if there was any truth to this.

e: after googling this I got a lot of hits, apparently in some states there is some truth to it.

Dacke fucked around with this message at 04:13 on Dec 24, 2009

ZoneManagement
Sep 25, 2005
Forgive me father for I have sinned
I also have a friend who has a open an account, that is in good status, that has been open for 4 years now, with a 12,000 dollar limit, with a high of 5400 dollars. He's never heard of this account. He also has a C/O of 1295 dollars with BoA from a secured credit card. BoA also got a judgment on him in the amount of 1295.

What rights does he have? The last payment on the account was 5 years ago in January. Georgia's statute states 4 years on credit cards, but that judgment...

Dacke
Jun 29, 2006

ZoneManagement posted:

I also have a friend who has a open an account, that is in good status, that has been open for 4 years now, with a 12,000 dollar limit, with a high of 5400 dollars. He's never heard of this account. He also has a C/O of 1295 dollars with BoA from a secured credit card. BoA also got a judgment on him in the amount of 1295.

What rights does he have? The last payment on the account was 5 years ago in January. Georgia's statute states 4 years on credit cards, but that judgment...

Judgments have a much longer statute of limitation I believe.

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

There is a link to SOL on judgments in there. For my state (FL) it is 20 years.

Dacke fucked around with this message at 04:35 on Dec 24, 2009

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

OMGLOLetcetc posted:

I hope during income tax time I can take my whole check and haggle with some of the folks I owe money too. I already have my credit report printed with everyone I owe money to. My action plan is to just call them, offer the least I can, and hope they take it. If they don't, they are at the bottom of the totem pole and I move on to the next.

Thanks for all the info!!

That's a pretty good plan - start all your offers at 10% of what they claim you owe. If you can get them to settle for 15-20%, that's not too bad as long as it's for a delete and not just a settle. Remember, if they won't delete, you don't pay.

ZoneManagement posted:

I got a phone call tonight and this thread popped into my mind.

A lady from NCO called, stating that I owed Sears about 2000 bucks, but they would settle for 680. I said ok, can you send me verification that I owe the debt? She said ok, and hung up. She wasn't impolite or anything at this point.

I incurred this debt about 11 or 12 years ago, give or take. Maybe 13. I went through a bad point in my life, and was completely unable to pay it at the time. I've pretty much put it behind me, it was, again, a bad point.

At this point the debt must be charged off many years ago. I'm about to pull my credit report from Annualcreditreport.com to see what's on it. I also bought a house a year ago, so it wasn't there then.

What should I do if she calls again? Should I request a dunning letter? I live in Georgia, but at the time I lived in Connecticut.

Tell them to gently caress off. If it's off your credit report and that far outside statute (they might - might have a case in Ohio or Kentucky but most cases have ruled credit as an open-ended account and not a written note) they'll get laughed out of any courtroom and you instantly countersue for at least a grand. You have no legal obligation to pay that debt and if they keep bothering you, send a Cease Communication letter to them and force them to.

ZoneManagement posted:

I also have a friend who has a open an account, that is in good status, that has been open for 4 years now, with a 12,000 dollar limit, with a high of 5400 dollars. He's never heard of this account. He also has a C/O of 1295 dollars with BoA from a secured credit card. BoA also got a judgment on him in the amount of 1295.

What rights does he have? The last payment on the account was 5 years ago in January. Georgia's statute states 4 years on credit cards, but that judgment...

If the judgment has been levied, there's not much he can do. The account will stay on the report as will the judgment. There may be a few avenues to try, though.

- Did he know about the lawsuit? Was he served properly, in the right county, etc? If not, he may have a chance at getting the judgment vacated and sent back to trial.

- If he was served properly and got a default levied, or just lost, it wouldn't hurt to send a goodwill letter to BoA regarding the debt. Have they tried to garnish wages or seize any of his accounts to take the money? If not, they may be having a hard time finding his assets (if he has any) and could be willing to take what they can get. Be aware, though, a company will almost never agree to delete a judgment off your record (thus paying it will look slightly better) and they've won the legal ability to collect the full amount they sued for, so some companies will just say 'tough poo poo, no deal, pay what we were awarded.' Either way, BoA has him by the nuts and it's up to them how to handle it.

TheWevel
Apr 14, 2002
Send Help; Trapped in Stupid Factory
I have a cell phone ETF collection from over 2 years ago. I got a letter from the law office trying to collect on it, however I never ended up doing anything about it (this was in June/July). It never showed up on a 3 credit reports. In October it finally showed up and my credit score dropped 92 points. I kind of sat on it for a few months and now it's not on 2 of my reports, but still on TU.

What are the chances that it will come back? I haven't received any communications from them since that one letter asking for payment (it looked like a credit card bill, with a little payment voucher). I don't know what I did with it either, I've moved a few times since then. Should I just call them and do a PFD?

Edit: I also have a Comcast collection from 2005 (maybe 2004) that's sitting on my credit reports as well. Earlier this year I tried to dispute it via the CRAs but the collector came back saying that it was mine. There is no info about the collector (no address, no phone number, only an abbreviated name) on my report and no one from there has ever contacted me about this debt. It's for $150. What do I do about this one? Wait it out?

TheWevel fucked around with this message at 00:21 on Dec 25, 2009

Loco179
May 18, 2008
I did a debt validation letter. They filed suit before they sent it out.

I received the collection letter on Nov. 12th. it was dated Oct. 26th. It was normal mail. I also received one from their lawyer on Nov. 15th. It was dated Nov. 1st.

I mailed them a certified Debt validation letter on 12/2.

They filed suit in small claims court on 12/3 but I just received it on 12/28.

They tell me they did not have to validate the debt. They say also even though I try to make payment arrangements they will not drop the small claims suit. They say they will dismiss it when the court date is.

They just served me in my mailbox by the way.

I know I am going to have to pay it. Its less than 800 bucks.

I have received 2 different amounts owed. So far.

What do you think about this?

ZoneManagement
Sep 25, 2005
Forgive me father for I have sinned
I pulled my credit report from annualcreditreport.com and - oddly enough - wasn't able to pull it from transunion or equifax. Equifax said I didn't answer their questions right - which I did, and transunion had an error. Odd. I wonder if I had spent money if they would have had issues.

But experian said I had a lien on me from state taxes being unpaid. Again, during the aforementioned bad point. It was paid off with my federal taxes the following year, but the state never reported it as paid off to the credit bureaus. I disputed it and experian told me that the lien was considered accurate, despite it being paid off?

What?

I had a similar issue dealing with this when I bought my house, but the lender had no issues because I was able to show proof of it being paid off. What's my next step?

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

Loco179 posted:

I did a debt validation letter. They filed suit before they sent it out.

I received the collection letter on Nov. 12th. it was dated Oct. 26th. It was normal mail. I also received one from their lawyer on Nov. 15th. It was dated Nov. 1st.

I mailed them a certified Debt validation letter on 12/2.

They filed suit in small claims court on 12/3 but I just received it on 12/28.

They tell me they did not have to validate the debt. They say also even though I try to make payment arrangements they will not drop the small claims suit. They say they will dismiss it when the court date is.

They just served me in my mailbox by the way.

I know I am going to have to pay it. Its less than 800 bucks.

I have received 2 different amounts owed. So far.

What do you think about this?

As far as I can tell the collector has done things right. They filed suit prior to receiving your DV letter, which is acceptable, and once the suit is filed the time for a DV letter is over. A few tips regarding the case: (once again, not a lawyer, this is not legal advice.)

- What is the debt for? Credit card, back rent/utilities, payday loan, something else? What, aside from the court summons, was included with the complaint? If all they attached was a complaint or an affidavit, you may be able to fight the case because they filed without standing.

- Check your state laws regarding service. They may have served improperly if the state requires an in-person service, which backlogs their case and buys you time. At that point they may just serve you in the courtroom but that pushes back the appearance date, usually for a month or more.

quote:

I know I am going to have to pay it. Its less than 800 bucks.

gently caress that. Fight the case. The absolute worst thing that can happen is you pay what they wanted in the first place. A small debt like that will probably be dropped whoever owns it as soon as you make the law firm work for it. As long as your state doesn't allow lawyer bills to be attached to a judgment, fight. If the firm spends more than 5-10 hours on your case, that's worth more than the amount they're going after. This is very, very easy to do.

First, file an answer to the complaint. It can be as simple as this:

quote:

Comes now, Defendant Loco179 in answer to Plaintiff Jerkoff Creditor's Complaint.

Defendant is without information or knowledge sufficiant to form an opinion as to the truth or accuracy of the allegations contained in paragraphs 1-X of the Complaint, and based on that denies generally and specifically each and every allegation contained therein.

Then you add in what are called Affirmative Defenses, where you attack their ability to sue and other things. Read this thread: http://creditboards.com/forums/index.php?showtopic=132612 (you have to register at the site, but it's a free forum.)

Your appearance date isn't your trial, it's to set that up. If you bring an answer there's a good chance opposing counsel will ask for more time to respond, and you'll push the trial back farther. In between, attack their evidence with motions, ask for discovery, all that good stuff. Bury them in paperwork and make them quit.

ZoneManagement posted:

I pulled my credit report from annualcreditreport.com and - oddly enough - wasn't able to pull it from transunion or equifax. Equifax said I didn't answer their questions right - which I did, and transunion had an error. Odd. I wonder if I had spent money if they would have had issues.

But experian said I had a lien on me from state taxes being unpaid. Again, during the aforementioned bad point. It was paid off with my federal taxes the following year, but the state never reported it as paid off to the credit bureaus. I disputed it and experian told me that the lien was considered accurate, despite it being paid off?

What?

I had a similar issue dealing with this when I bought my house, but the lender had no issues because I was able to show proof of it being paid off. What's my next step?

The lien can stay on your report even after it's paid off until it falls off naturally, but you should be able to submit proof to the bureaus that it was paid and get them to update your report to reflect that. Call the bureaus and see what/where to submit information.

stewdiny
Mar 16, 2004
sign up
One of my closest friends who is American and his wife who is from one of the Slavic countries in the European Union were hit hard by the recession. Both are college educated, lost their jobs, could not find work, and were struggling hard. Well about five months back they said they lost all faith in the US and its government and were leaving to go live in her country at a small home her parents gave them. They sold off all their assets, cashed in their stocks, IRA’s, and savings.

What caught me off guard was he told me they had around $15,000 line of unused credit on various credit cards. They used those credit cards to buy their tickets to her country, new cloths, laptops, various other items they would need, and shipped them over even using the credit cards to pay for shipping. They made about four months worth of payments and then just left the country.

He also left about $30-40k worth of student loans behind and said he never has any intention of paying off those credit cards or student loans and doesn’t plan on letting any of the credit/student loan agencies knowing were he is. Last I heard from him he said there is nothing they can do to him since he is over seas and never plans to return to the US.

Is this true? Sounds like possible fraud to me.

stewdiny fucked around with this message at 21:26 on Dec 30, 2009

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

stewdiny posted:

One of my closest friends who is American and his wife who is from one of the Slavic countries in the European Union were hit hard by the recession. Both are college educated, lost their jobs, could not find work, and were struggling hard. Well about five months back they said they lost all faith in the US and its government and were leaving to go live in her country at a small home her parents gave them. They sold off all their assets, cashed in their stocks, IRA’s, and savings.

What caught me off guard was he told me they had around $15,000 line of unused credit on various credit cards. They used those credit cards to buy their tickets to her country, new cloths, laptops, various other items they would need, and shipped them over even using the credit cards to pay for shipping. They made about four months worth of payments and then just left the country.

He also left about $30-40k worth of student loans behind and said he never has any intention of paying off those credit cards or student loans and doesn’t plan on letting any of the credit/student loan agencies knowing were he is. Last I heard from him he said there is nothing they can do to him since he is over seas and never plans to return to the US.

Is this true? Sounds like possible fraud to me.

No, this is correct. Debt doesn't travel with you country to country (at least, American debt doesn't.) Unsecured debt in these forms is in almost every case a civil matter, not a criminal one. As such, he's probably got a ton of judgments against him as well as a lien on any future tax returns he might file with the US government, not that it matters if he's out of the country. My state even specifically says that the state has no power to jail you or otherwise punish you for failure to pay a debt outside of putting a garnishment on your paycheck to satisfy a judgment. Once you leave the US you're virtually untouchable outside of maybe some laughable attempts at international correspondence by a desperate debt buyer.

tuckfard
Dec 9, 2003

Just chillin
So I got a letter in the mail from Insurex Inc. It states the following:

quote:

RE: GEICO
CLAIM #: xxxxxxxxxxxxxxxx
INSUREX #: ######
Original Creditor: Geico
Loss Date 10/15/09
Current Balance: $237.50


An Insurance Subrogation claim has been referred to us by our client named above. Our Client is exercising its right as an insurer to pursue a liable party for losses paid to their insured.

Our records indicate that you were an uninsured motorist at the time of the accident, therefore the total balance is your obligation. In order to avoid further pursuit of this claim, we request that you remit the balance in full.

If you had insurance coverage at the time of the accident, please complete the attached coupon and return this letter to the address above or call our office at 1-800-467-8745 to discuss this matter in detail.

Sincerely,

INSUREX, INC

Then at the bottom theres the spiel about it being from a debt collector, an attempt to collect a debt, and how to dispute.

Now, I was uninsured at that date, however, I did not get into an accident on that date.

In fact, I have never, ever, been in an accident or anything resembling an accident or anything that might require a filing.

Is this BS? The Statement date is December 18, 2009. As of a few days ago nothing new is on my credit report. I'm worried since I was in fact uninsured for a little bit, but should I just send in a dispute letter and go from there?

tuckfard fucked around with this message at 20:04 on Jan 5, 2010

jassi007
Aug 9, 2006

mmmmm.. burger...

tuckfard posted:

So I got a letter in the mail from Insurex Inc. It states the following:


Then at the bottom theres the spiel about it being from a debt collector, an attempt to collect a debt, and how to dispute.

Now, I was uninsured at that date, however, I did not get into an accident on that date.

In fact, I have never, ever, been in an accident or anything resembling an accident or anything that might require a filing.

Is this BS? The Statement date is December 18, 2009. As of a few days ago nothing new is on my credit report. I'm worried since I was in fact uninsured for a little bit, but should I just send in a dispute letter and go from there?

I'd imagine they'd have to prove said accident took place. Someone can probably tell you the proper legalese to say "prove there was an accident by sending me a copy of the accident report."

CubsWoo
Aug 17, 2005

Where the big boys RAAAAAAARRRRRRRRRGH FUCK YOU

jassi007 posted:

I'd imagine they'd have to prove said accident took place. Someone can probably tell you the proper legalese to say "prove there was an accident by sending me a copy of the accident report."

It doesn't even have to be in legalese. Something as simple as 'I deny your claim that I was in an accident on that date and request proof that I am a liable party for this claim' which is kinda legalese but not really should be more than enough. Couple that with a cease communication request ("Aside from providing me said proof, don't contact me about this anymore" should do it) and you should be done with them. I'm not sure if insurance disputes go on your credit report, I'd assume they do but I've never dealt with one myself.

Tindjin
Aug 4, 2006

Do not seek death.
Death will find you.
But seek the road
which makes death a fulfillment.
CubsWoo, would you recommend getting an individual account with each of the three credit reporting services or do one of their "3 in 1" accounts? I need to dispute a few things on each report and try to clean up a few smaller issues. I was thinking of justing doing the individual one at each to get the easier access for the disputing process as none of their combo packages mention anything about disputing items at the other two sites.

I guess it's time to get the item of my dad's off my report, from a 1969 Sears card, since I wasn't born until 1974 I think that is gonna be the easiest one.

Loco179
May 18, 2008
Cubs...

They called my parents house and tried to call mine.

I told them in the letter they are to do all contact with me though the mail in my debt validation letter. I told them over and over to send letters.

What can I do back?

UltimateKO
Mar 31, 2008
I live in Florida and I owe about $11k on a Bank of America cc, Iv been seriously considering just stop paying this car because in a nutshell, Im drowing.

what kind of advise could you guys give me on this issue?

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Tindjin posted:

CubsWoo, would you recommend getting an individual account with each of the three credit reporting services or do one of their "3 in 1" accounts? I need to dispute a few things on each report and try to clean up a few smaller issues. I was thinking of justing doing the individual one at each to get the easier access for the disputing process as none of their combo packages mention anything about disputing items at the other two sites.
I'll jump in, since I've been through a lot of this.

You don't want to make your disputes online. In a nutshell: you're doing a lot of their work for them, and you're potentially shooting yourself in the foot.

Disputes have specific codes in each CRA's system. For instance, one for "Not mine". If you're feeding them a "Not mine" code, they're not likely to do much more than contact the creditor and say "Is what you told us true?". More likely than not, the creditor will answer back "Of course!", and in a matter of seconds (because no real person will be involved) your dispute will be turned down, and you risk getting hit with "We've already investigated this." if you try disputing again.

Instead, you want to send them a letter that questions every possible aspect of the account. The account number's wrong. The balance is wrong. The dates are wrong. And so on. A real person has to enter this in, and decide what bucket to put you in. Understand that this person isn't a well-compensated private investigator.

I'm sure you can figure out the rest.

quote:

I guess it's time to get the item of my dad's off my report, from a 1969 Sears card, since I wasn't born until 1974 I think that is gonna be the easiest one.
Easy, sure. But since the account's presumably still open, it may be helping your credit, by increasing your credit history.

Loco179 posted:

Cubs...

They called my parents house and tried to call mine.

I told them in the letter they are to do all contact with me though the mail in my debt validation letter. I told them over and over to send letters.

What can I do back?
When you sent them the letter, did you get a signed return receipt?

UltimateKO posted:

I live in Florida and I owe about $11k on a Bank of America cc, Iv been seriously considering just stop paying this car because in a nutshell, Im drowing.

what kind of advise could you guys give me on this issue?
Call them and work something out, or declare bankruptcy.

If you stop paying, they're going to nag you for 90 days. Then they're going to pay someone to nag you, and chances are, they'll be less polite about it.

Since you owe $11,000, they will then almost certainly sue you, and you will almost certainly lose. It is entirely possible that you can get them to stop charging interest, and let you pay it off over time, without doing too much damage to your credit. That won't happen if you don't call them.

CubsWoo parrots CreditBoards theories reasonably well, but he hasn't mentioned that most of the tactics work on old debts that have been shuffled around for years.

Is AT&T going to haul you in to court over a $250 ETF from 2006? Not likely. Chances are, that debt has passed through three or four different companies by now, who have purchased it for $5, $2, $0.09, and $0.005 going down the line. If they're not reporting, or your credit is trashed enough that you don't care that they are, you can bide your time and try to trick a collector in to violating, and collect some money from them.

But over the past year or so? Collections and capital losses mean something very different now. To be honest, I wouldn't gently caress around with any debt over $500 that's within SOL and went in to collections less than two years ago. And, I've been paying attention to credit issues and helping friends (after fixing my own credit) for nearly nine years.

Loco179
May 18, 2008
Yep sent them a certified letter with return sig.

Adbot
ADBOT LOVES YOU

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Loco179 posted:

Yep sent them a certified letter with return sig.
If they're suing you anyway, and called a cell phone (which presumably gives you a call log), I'd consider countersuing.

What you might try, is an Intent To Sue letter, detailing when they received your letter demanding that they stop calling, and the number of times they've called since then.

In theory, you are entitled to $1,000 for each time. (Of course, in practice, this isn't necessarily what you would be awarded -- especially if you can't prove it.)

So in your letter, you could even say something along the lines of "It is my intent to seek and obtain legal satisfaction for your <number of> violations of <relevant sections> of the Fair Debt Collection Practices act.

However, in the interest of resolving this matter amicably, I would be willing to settle out of court for <amount of alleged debt -- assuming it's less than the violations>, and apply this amount directly to the alleged debt.

Consistent with my dispute, I would also require that you remove any information related to this matter from any data collector or furnisher you may have provided it to."

You need to be careful in your phrasing so that your letter isn't easily construed as blackmail or extortion.

If they weren't suing you, I'd consider being more forceful.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply