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So long story short I assume the 500 dollars in medical bills from 2006 is not a big deal anymore?
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Jan 13, 2010 08:01
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CubsWoo posted:What she'll want to check is if Wal-Mart itself has some kind of contractual clause that gives them grounds to terminate employment if you're not paying the card. Completely irrelevant, Wal-Mart already has a million and one different ways to terminate someone with cause for violating random bits of their employee code of conduct if they want to.
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Jan 13, 2010 11:45
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EBT posted:So long story short I assume the 500 dollars in medical bills from 2006 is not a big deal anymore? If nobody is threatening legal action and it's not on your credit report, then no, I imagine it's not really a big deal anymore.
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Jan 13, 2010 18:21
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CubsWoo posted:This usually doesn't work. At best, you'll have a record or 2 drop off for a bit, then go back on once the collector notices. If you want to try anyway, check the bureaus for their addresses and the dispute procedure. But if the record dropped off because the collector didn't respond in 30 days, how can they just put it back on again? Couldn't you write the credit agencies and say "this has already been proven frivolous?" Or even seek legal remedies against the collector for fraud? I'm asking because I did dispute a bill that I didn't recognize, Experian agreed that it wasn't mine, but then I got a letter from a collector just a few days ago for the same bill.
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Jan 13, 2010 19:51
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Pagan posted:But if the record dropped off because the collector didn't respond in 30 days, how can they just put it back on again? Couldn't you write the credit agencies and say "this has already been proven frivolous?" Or even seek legal remedies against the collector for fraud? I'm asking because I did dispute a bill that I didn't recognize, Experian agreed that it wasn't mine, but then I got a letter from a collector just a few days ago for the same bill. Failure to answer a dispute makes it fall off, yes, but if they can prove to the bureau that the debt is valid, it can go back on. As far as I can tell there's not some kind of double jeopardy rule that says a valid debt can't be reported on if they didn't respond in 30 days. If they reattach the tradeline and can't supply proof of a valid debt, then you have something.
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Jan 13, 2010 20:59
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EBT posted:So long story short I assume the 500 dollars in medical bills from 2006 is not a big deal anymore? More likely than not, the debt would fall under UCC, which many states respect in relation to their SOL. So, it's possible (though you'll want to verify this) that the debt will be outside of the SOL this year. If you're applying for a platinum / signature credit card, auto loan, or lease, it's possible that this will be a problem. If you're applying for a mortgage, on the other hand, most lenders will overlook medical collections under $2,500. Once you're sure you're outside of the SOL, you can get that collection off of your report without much difficulty (assuming they're reporting to begin with). Long story short: It's probably covered under "third party disclosure" under HIPAA, and the collection agency is going to be more likely to remove it than have you take them to court to sue for damages. CubsWoo posted:Failure to answer a dispute makes it fall off, yes, but if they can prove to the bureau that the debt is valid, it can go back on. As far as I can tell there's not some kind of double jeopardy rule that says a valid debt can't be reported on if they didn't respond in 30 days. If they reattach the tradeline and can't supply proof of a valid debt, then you have something. quote:(B) Requirements relating to reinsertion of previously deleted material. It's at this point that the reporting agencies are often more apt to respond to a "BOO! I'm going to sue you!" letter. Edit: Pagan posted:But if the record dropped off because the collector didn't respond in 30 days, how can they just put it back on again? Couldn't you write the credit agencies and say "this has already been proven frivolous?" Or even seek legal remedies against the collector for fraud? I'm asking because I did dispute a bill that I didn't recognize, Experian agreed that it wasn't mine, but then I got a letter from a collector just a few days ago for the same bill. Realistically, the value of the debt and probability that you'll pay it go down substantially as time progresses, and eventually, it won't be worth trying to collect on. But until the collectors give up, you have to do the dance with each one that reports, unless you can corner one on a violation and get them to agree not to sell or reassign the debt. The SOL plays a large part here, but all the SOL really does is keep them from suing you. I believe some courts have ruled that debts beyond the SOL are "uncollectable" and that trying to collect is a violation of the FDCPA, but this isn't explicitly codified in the FDCPA. So the rule of thumb is typically "They can try forever. They just can't sue." TWiNKiE fucked around with this message at 18:45 on Jan 14, 2010 |
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Jan 14, 2010 17:56
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TWiNKiE posted:"They can try forever. They just can't sue." Or "They can try forever, and they can even sue, but this opens them up to a countersuit and a speedy dismissal of their case due to the debt being time-barred." Suits on out-of-statute debt do happen, and they do win/get defaults against people who don't know any better, since the judge doesn't really ask for much (or any) proof if the defendant isn't there. Of course such a judgment will get vacated if the defendant knows what they're doing, but once again, a lot of people just don't know their rights.
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Jan 14, 2010 21:23
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CubsWoo posted:Suits on out-of-statute debt do happen, and they do win/get defaults against people who don't know any better, since the judge doesn't really ask for much (or any) proof if the defendant isn't there. Of course such a judgment will get vacated if the defendant knows what they're doing, but once again, a lot of people just don't know their rights. I sometimes write with the assumption that everyone answers their summons (which is absolutely not true), shows up to court, and finds a diplomatic way to say "Bullshit!". 
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Jan 14, 2010 22:24
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I recently got hit with a judgment in the amount of close to $1,300 for an unpaid credit card debt from 2003. Where can I find the SOL for the state of Utah to determine if they have not fallen out of time? Also, according to their letter, they are demanding damages of 560.05 plus interest of 758.43 at a rate of 25.9% annum. They also tacked on 250.00 in attourney's fees. I know you are not giving me legal advice, but could you point a brother in the right direction? Edit: looks like the SoL is 6 years on a written agreement. Unless my math is wrong, this is 2010 so the SoL has expired right? Wet Fifty fucked around with this message at 08:40 on Jan 17, 2010 |
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Jan 17, 2010 08:35
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Wet Fifty posted:I recently got hit with a judgment in the amount of close to $1,300 for an unpaid credit card debt from 2003. Where can I find the SOL for the state of Utah to determine if they have not fallen out of time? Also, according to their letter, they are demanding damages of 560.05 plus interest of 758.43 at a rate of 25.9% annum. They also tacked on 250.00 in attourney's fees. When did they file the case? If that was after the statute ran, then it was too late. It's not based on the judgment date. So 2003 to 2009 is six years, depending on the exact dates within those years. It's based on your last payment I believe, so make sure you're looking at the correct dates. Also, at least where I am, attorney fees are added to the judgment by statute along with court costs and fees. Interest is governed by the terms of your agreement until there is a judgment, and then statutory interest kicks in on that. I assume this was a default judgment. What you probably need to do is file a motion to reopen the judgment and state why you missed the court date (e.g., you didn't know about it until you got the judgment, or whatever) and argue that the statute had run so you can't have judgment against you.
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Jan 17, 2010 15:40
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Wet Fifty posted:I recently got hit with a judgment in the amount of close to $1,300 for an unpaid credit card debt from 2003. Where can I find the SOL for the state of Utah to determine if they have not fallen out of time? Also, according to their letter, they are demanding damages of 560.05 plus interest of 758.43 at a rate of 25.9% annum. They also tacked on 250.00 in attourney's fees. Basically what quepasa's said. If you know the date of your last payment, that's when the clock starts for the SOL. Make sure they filed suit at the right time. Also, check the Utah Rules of Civil Procedure regarding the necessary steps for proper service. Did you ever receive a summons? Were you aware of the trial? Does Utah require, like many states, that the suit be filed in your county of residence? If any of those are true, you may be able to have the judgment vacated. If you were served and ignored the summons, though, you're stuck with the judgment. Also, Utah RCP allows for service via publication if you can't be found: quote:(d)(4)(A) Where the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service upon all of the individual parties is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process, the party seeking service of process may file a motion supported by affidavit requesting an order allowing service by publication or by some other means. The supporting affidavit shall set forth the efforts made to identify, locate or serve the party to be served, or the circumstances which make it impracticable to serve all of the individual parties. You'll need to figure out how they attempted to serve you, if at all. Go to the courthouse and you should be able to access the court file - most courts now have an online lookup so you can find the case number. If you can have the judgment vacated, it's probable the court will allow them to re-file even if the SOL is now expired, but that's never happened to me so I can't share any personal knowledge.
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Jan 18, 2010 08:12
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Great job on the thread, CubsWoo. I've got a question for you if you've got some free time: I'm in a similar situation to the one you described in the OP, where I made some dumb, uninformed decisions regarding financing for my education several years ago, and now I'm being regularly hounded by creditors as a result with little ability to actually make payments without living on the streets. The debt itself is no longer with the original lender, though I'm not sure how far detached from the source it is now (and I'm not sure how I'd find out), but anyway, getting to the question. A while back, I was called at work over the debt and told in no uncertain terms that if I didn't agree to a monthly payment schedule and start making them immediately, I would not only have my wages garnished but I could be sued and possibly thrown in jail, and as a guy with little money and even less of an understanding of what my rights were, I went into a panic and agreed to pay via auto-withdraw through my debit card at an amount much higher than what I could afford (something I tried to argue but couldn't get the guy on the phone to budge on). They regularly took money out of my bank account for several months until I was laid off from my job and the money flow stopped. For another several months afterwords, I was unemployed and what money I could earn, I threw into a different bank (the account at my prior bank is now closed). Even though I'm currently employed again (thankfully), I now have less to live on than I had before, and am basically hiding under a rock from the collectors as I'm wary about re-entering any kind of payment agreement, especially since I can't afford it. My question(s) is this -- where do you think I generally stand in terms of my rights as a debtor since I've previously agreed to payments with this company, and what would a good course of action from here on out be?
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Jan 21, 2010 00:28
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Security Yams posted:Great job on the thread, CubsWoo. I've got a question for you if you've got some free time: Making payments on a debt doesn't automatically mean you'll lose a court challenge on it or anything like that (if it did, anyone who makes payments when they're in good standing would be screwed) but the statute clock on the debt only counts down from when you've stopped paying. This sound recent, so the creditors will have plenty of time for legal action if they choose. You've stopped making payments, which is good if you can't afford them - the next step to get the annoyances to stop is to send the creditors a cease communications letter so they stop contacting you by phone. They'll continue to send mailings, but that's normal. Concentrate on saving what money you can for possible settlements/pay-for-deletes/court costs if they go that route. If the debt isn't too much, they probably won't bother with legal action. If it's in the middle 4 figures or above, start researching your state's small claims court rules, because you'll be summoned there eventually. You can send a debt verification letter, but it won't be considered timely.
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Jan 22, 2010 21:29
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Azure Renraku posted:This is similar to what people are doing to banks that have sold their mortgages to banks who have sold the mortgages again to banks who have sold the mortgages yet again. Sometimes it takes months or even years for the paperwork to trickle down, and unless the bank can prove that you owe money on the house, it's yours. If no one can find the paperwork to show that you owe money on the house, it's yours. Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. My mortgage was recently sold, and while I doubt anything will come of it, if I can get it dropped via a legal loophole AND gently caress a giant bank in the process it would be like a million Christmases at once.
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Jan 22, 2010 22:10
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Wet Fifty posted:Edit: looks like the SoL is 6 years on a written agreement. Unless my math is wrong, this is 2010 so the SoL has expired right? Credit card would be open SOL, not written SOL. Something like a auto loan would be written.
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Jan 22, 2010 23:15
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Hillridge posted:Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. Indeed. I would love to know more about this, too.
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Jan 23, 2010 01:40
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CubsWoo, I was wondering if you think I am doing the right thing in my situation. When I was 16 I allowed my mom to open a cell phone account in my name after much guilt tripping on her part. She didn't pay the bill and I learned my lesson about cosigning on anything for anyone ever. I opened the account sometime in 2002 and she stopped paying on the account in sometime in 2004 or 2005. I got one letter about four years ago and didn't have the money to pay so I couldn't/didn't do anything. I didn't hear anything again until about four months ago. The balance of $312 had been sold from US Cellular to a secondary company. This week I got a letter saying they would accept settlement of $215. At this point I think I should do nothing and just wait the two years for this to drop off of my credit report. I don't think they are going to sue me over less than $500. I have had many other good standing accounts since and my bank has increased the limit on my credit card by over 10x since I opened it. Am I doing the right thing?
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Jan 23, 2010 03:42
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Ring of Light posted:CubsWoo, I was wondering if you think I am doing the right thing in my situation. I think since you weren't a legal adult yet that makes the debt invalid. You should send a letter letting them know that.
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Jan 23, 2010 13:55
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Hillridge posted:Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. It's possible. Banks have been caught keeping notoriously bad paperwork on homes. Even barring that, you can delay a foreclosure for months, sometimes years - Here's a link to a guy who kept his house in foreclosure hearings for 11 years, he eventually lost but lived in that house payment-free for the duration. Foreclosures can be done pro se but I would strongly suggest a lawyer if you can afford it. If nothing else, if you're going into foreclosure, the least you should do is try to fight it for a bit so, at the very least, you have time to save up rent for a new place/all the moving expenses.
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Jan 24, 2010 04:48
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Hillridge posted:Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. It's possible. Banks have been caught keeping notoriously bad paperwork on homes. Even barring that, you can delay a foreclosure for months, sometimes years - Here's a link to a guy who kept his house in foreclosure hearings for 11 years, he eventually lost but lived in that house payment-free for the duration. Foreclosures can be done pro se but I would strongly suggest a lawyer if you can afford it. If nothing else, if you're going into foreclosure, the least you should do is try to fight it for a bit so, at the very least, you have time to save up rent for a new place/all the moving expenses. Ring of Light posted:CubsWoo, I was wondering if you think I am doing the right thing in my situation. It may or may not matter that you weren't of legal age, if it's cosigned some states consider it valid. In your case, though, if it's that low, I wouldn't bother with it. Maybe offer them $50 on a pay-for-delete and if they balk, gently caress 'em. If it's 5 years old it's not moving your credit down much anyway.
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Jan 24, 2010 04:50
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A great article about suing debt collectors, it even presents the side of the debt collection agencies. Guess what? They don't approve of people exercising their legal rights! Who'da thunk it? Better Off Deadbeat
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Jan 25, 2010 18:49
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CubsWoo, I have a debt from 2004 from Paypal and in December received a letter from a collection agency about it. I sent them a debt verification letter and just received a letter back (postmarked on day 28). What does this letter need to include to have fulfilled their statutory obligations? I had requested a lot of information in my letter (like proof that the statute of limitations had not expired, proof that they are licensed to collect debts in my state, etc.), but none of this is included. Their notice also says that my response is required within 10 days (I requested 30 days in my letter to them). What should my next steps be?
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Jan 26, 2010 05:28
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Grammar Fascist posted:CubsWoo, I have a debt from 2004 from Paypal and in December received a letter from a collection agency about it. I sent them a debt verification letter and just received a letter back (postmarked on day 28). What does this letter need to include to have fulfilled their statutory obligations? I had requested a lot of information in my letter (like proof that the statute of limitations had not expired, proof that they are licensed to collect debts in my state, etc.), but none of this is included. Their notice also says that my response is required within 10 days (I requested 30 days in my letter to them). What should my next steps be? What did they include? It sounds like very little, in which case you need to send them a letter telling them, very nicely, to go gently caress themselves and never contact you again. Check your credit report and see if it's on there - file a written dispute and include a copy of your verification letter with it if it is. The firm in question sounds like a typical scumbag JDB: working on a 5-6 year old debt likely moving out of statute soon (what state are you in? The debt may be out of statute already!) and trying to spook you into paying something. Don't. Tell them to cease all communications and if they start getting harassing or begin breaking statute, log all the violations/keep all their letters and be prepared to send off an intent to sue notice.
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Jan 26, 2010 08:02
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Grammar Fascist posted:CubsWoo, I have a debt from 2004 from Paypal and in December received a letter from a collection agency about it. I sent them a debt verification letter and just received a letter back (postmarked on day 28). What does this letter need to include to have fulfilled their statutory obligations? I had requested a lot of information in my letter (like proof that the statute of limitations had not expired, proof that they are licensed to collect debts in my state, etc.), but none of this is included. Their notice also says that my response is required within 10 days (I requested 30 days in my letter to them). What should my next steps be? I'm pretty sure they're not required to give you a lot of that information. Debt collectors don't have to give you whatever random things you demand to see. What's required is proof of the debt in the form of invoices or whatever, and the name of the original creditor, if any. Maybe the law in your state requires that, but I'm fairly certain the FDCPA does not.
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Jan 26, 2010 16:02
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CubsWoo posted:What did they include? It sounds like very little, in which case you need to send them a letter telling them, very nicely, to go gently caress themselves and never contact you again. I've seen more than one who waits until they get your DV before reporting it, and then tacks it on your report as a disputed collection. Sending a full C&D inside of seven years is risky. Doing it when you're not positive you're out of SOL is just plain foolish. quepasa18 posted:I'm pretty sure they're not required to give you a lot of that information. Debt collectors don't have to give you whatever random things you demand to see. What's required is proof of the debt in the form of invoices or whatever, and the name of the original creditor, if any. Maybe the law in your state requires that, but I'm fairly certain the FDCPA does not. A CA isn't required to prove to a debtor that a debt is in or out of the statute of limitations. If they were, JDB's would fold left and right. Acknowledging that they know (or have reason to know) that they're collecting an uncollectable debt is tantamount to sending people checks for $1,000. They do, however, have to produce a full accounting of the alleged debt when asked to do so. From what I've read (though I'm reluctant to say it's legal precedent), this specifically means copies of old bills going back to the DOFD. They may also be required to prove that they're licensed in your state (depending on your state's law). It's also common practice to ask that they prove they have a legitimate right to collect on the debt, but this does more to help you in court than anything else. "I didn't pay them because they didn't prove that I owed them anything" is an okay defense.
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Jan 26, 2010 21:19
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If someone has accrued debt due to fraud how is that handled? Apparently my girlfriend's mother has put a load of poo poo in her name without paying (DirectTV, AT&T, Charter, etc.) and now the debt collectors are after her. All of the debts are outstanding because she has had no idea about it until they somehow stumbled upon her cellphone number (probably from the mother). They tell her the only option she has is to either pay the bills or report it as fraud, in which case she will still have to pay the bills but they won't report it on her credit score. I'm trying to talk her into reporting the fraud to the authorities, but she's hesitant because it's her mother. Will she really have to pay the bills even after reporting it as fraud?
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Jan 27, 2010 00:58
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TWiNKiE posted:If it's from 2004, he's still within the reporting period. Not all JDB's report before dunning. I disagree. I've had a lot of success with JDBs (especially late in statute/reporting) giving up at a FOAD letter. In nearly every case a JDB isn't going to have anything but a hope for default judgment on a 5+ year old debt and letters like that let them know you'll fight a suit. And depending on the state, the statute may be 4-5 years and have lapsed already.
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Jan 27, 2010 01:08
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vanbags posted:Will she really have to pay the bills even after reporting it as fraud? No. If she didn't sign anything, then she doesn't owe anybody anything. Check out this thread -- the OP's dad took out a bunch of loans and credit cards in her name, and once she found out about them she was able to report them as fraudulent and eventually get them all off her credit report without paying a cent. It's likely to be kind of a pain, though.
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Jan 27, 2010 02:23
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I'm helping my cousin get his credit sorted out, and he has a revolving account from BoA with a limit of $1000, a past-due of $0, and a payment status of "charge-off." The same account's comments, though, say "transferred to another lender or claim purchased" - if I'm reading things correctly, shouldn't it be either charged off or transferred, but not both?
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Feb 2, 2010 07:59
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With his permission, I pulled my brother's credit report today and he has 2 collections from the city of Madison, WI for $75 each (parking tickets?) and 2 from San Diego (speeding tickets?). They are marked paid, but don't drop off for at least 3 more years. Are these things that can be removed with "pay for delete" or is he stuck with them?
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Feb 3, 2010 08:04
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Furry Neo posted:I'm helping my cousin get his credit sorted out, and he has a revolving account from BoA with a limit of $1000, a past-due of $0, and a payment status of "charge-off." The same account's comments, though, say "transferred to another lender or claim purchased" - if I'm reading things correctly, shouldn't it be either charged off or transferred, but not both? Typically this is their way of saying "We sold your account and wrote off the difference as a loss." Is it also being reported by the debt buyer? Rusty Shackelford posted:With his permission, I pulled my brother's credit report today and he has 2 collections from the city of Madison, WI for $75 each (parking tickets?) and 2 from San Diego (speeding tickets?). They are marked paid, but don't drop off for at least 3 more years. Are these things that can be removed with "pay for delete" or is he stuck with them? Probably not. You can have him ask the cities to drop them from the report, but they have no obligation to. I guess you could dispute them as 'not mine' or whatever and hope the cities don't verify with the bureau, but otherwise they're going to stick. On the plus side, debts that small and that old typically don't hurt your score very much.
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Feb 3, 2010 10:50
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So two and a half years ago I needed a new computer, had an awesome job and was, and still am, a student. I got a 1000 limit card from WAMU, bought my poo poo and paid it down to 700, then studied abroad and left it with my grandfather (is the family accountant). He died soon thereafter, I forgot about it and am now getting a letter about the card from some collection agency in houston. I just got the 30 days to verify letter, they say I owe 1600 dollars, should I call and bargain for the delete the line thing for around 600? I'm kicking my self for letting this slide and not keeping up, but I was 19-20 and loving stupid.
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Feb 3, 2010 14:58
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CubsWoo posted:Typically this is their way of saying "We sold your account and wrote off the difference as a loss." Is it also being reported by the debt buyer?
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Feb 3, 2010 17:16
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This thread is awesome and super-informative. After being in the hole for low 5 digits, I've got but one debt left (woo!), in the neighborhood of $3000. This was originally a credit card, which got sold to a debt collector. Then that debt collector sold it to another one, and they sold it... I ignored this thing for years, so I couldn't even tell you how many times it got sold. I finally have my act together financially to take care of this big one, and started making payments last year. Then the poo poo hit the fan this summer, and I haven't made a payment since June. The jerks called my mom (I'm in my 30's, so this was pretty embarrassing; I was hoping she wouldn't find out), so now I've got a fire under my rear end to take care of this. Here's the thing: I just ran my free credit report, and I don't see this debt anywhere. I see the original cc account, which is listed as "transferred/closed", and "purchased by another lender". But there's nothing under Collections, or Adverse Accounts, or Negative Accounts, etc, on any of the 3 reports. What gives? I never asked for a debt validation, and I started payments. I assume that by making payment, I admitted that I do owe these guys money? Is it worth anything to ask for a DV now? What sort of proof can I demand from them? I live in VA, fwiw. JacquelineDempsey fucked around with this message at 19:34 on Feb 3, 2010 |
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Feb 3, 2010 19:29
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FlyingCowOfDoom posted:So two and a half years ago I needed a new computer, had an awesome job and was, and still am, a student. I got a 1000 limit card from WAMU, bought my poo poo and paid it down to 700, then studied abroad and left it with my grandfather (is the family accountant). He died soon thereafter, I forgot about it and am now getting a letter about the card from some collection agency in houston. I just got the 30 days to verify letter, they say I owe 1600 dollars, should I call and bargain for the delete the line thing for around 600? I'm kicking my self for letting this slide and not keeping up, but I was 19-20 and loving stupid. If you can afford $600, bargain with them starting at $250 and work your way up. If they won't budge, gently caress 'em. JacquelineDempsey posted:This thread is awesome and super-informative. It's probably too late to ask for a DV. What you can do is ask for an accounting of the debt, possibly from when it first left the original creditor all the way to their hands. I've seen legal battles won from the argument of "Yes, Your Honor, this is my debt, but I have no way of knowing whether or not the Plaintiff has calculated the actual amount I owe correctly, and therefore I will not pay until I know I am paying the proper, legally owed amount without fees and charges being added unjustly." The judge then asks the creditor if they can prove the proper amount, they can't, you win. Get that accounting if you can.
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Feb 4, 2010 00:53
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My wife has a judgement against her in the amount of 3683. I just got off the phone with a secretary at the law office and they want about 5300. I found the amount a little more than absurd, especially when I called with the intention of paying off the full amount of the original judgement since we can afford it now. The lawyer handling the account is supposed to call me on Monday and I'm expecting something of a disagreement. They've been attempting to get a wage garnisment against my wife for a few months, we tried to negotiate with them but they are brutally difficult to work with. Not trying to negotiate a lower amount but we wanted to set up a payment system that didn't bankrupt us. Her job just keeps forwarding the letters to her and the law firm recently starting hitting up our credit union for her account info and direct deposit history. I honestly want to take care of this account but these bastards want to add on an absurd amount. Whats my best method of dealing with these guys? Also, is it a good idea to try and deal with the original credit card company to settle for the amount of the judgement or is that a waste of time?
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Feb 4, 2010 23:44
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Safety Engineer posted:My wife has a judgement against her in the amount of 3683. I just got off the phone with a secretary at the law office and they want about 5300. I found the amount a little more than absurd, especially when I called with the intention of paying off the full amount of the original judgement since we can afford it now. The lawyer handling the account is supposed to call me on Monday and I'm expecting something of a disagreement. Once a judgement's levied, you're hosed in regards to dealing with the credit card company. If the judgment was done properly (i.e. she was served and didn't show, thus defaulting) all you can really do is make sure they're accounting the amount properly. Most states allow for interest to collect on judgments, as well - check your state law regarding that. Post-judgment sucks. You're basically out of options in terms of trying to make a deal, especially if you have assets but just will have problems paying bills without those assets. If it comes to garnishments/account liens, you may be able to convince a sympathetic judge that you're trying to work with the creditor, but their terms are unreasonable. This doesn't always happen, though. If you can pay off the original judgment in a lump sum, though, they may take it. Then again, from their perspective, they feel they're legally entitled to more. Let me know what happens.
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Feb 5, 2010 06:21
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They do feel like they're legally entitled to more, they mentioned multiple filing fees etc... My wife and I talked about it and we're just going to pay the outstanding amount they want before it gets any higher and just be done with it. Mainly because we want it done with and the whole reason we're even serious about it now is because we want to get a bigger house and this is literally the only negative thing on her credit other than a few medical bills that we weren't aware of.
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Feb 5, 2010 17:58
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What a fantastic thread, there's a whole side to this I never expected to find. Here's a strange situation: I recently got a collections letter in the mail for a piddling amount, something anybody could probably pay out of pocket (less than dinner at Applebee's or something). Considering I've never been late on a payment and never had any debt I thought this was weird. Apparently the utility company for the apartment I rented from more than a year ago claimed I had an unpaid bill. I disputed the debt, asked for proof, and corroborated it with the fact the bill was for a time period a month or more after I'd left the apartment (in good standing) and that the OC itself said my payment history was "stellar". I didn't hear anything and figured the matter closed, but I just recently got a letter including my requested "proof," which is a five page document that looks like it was typed with NotePad ("Document Name: untitled" and a timestamp from a week ago) and has absolutely nothing indicating it was from the utility company. Even by these questionable records I am paid up at the time I left the apartment and only get a charge more than a month afterwards. There is a very slight possibility I was sent a bill because my mail forwarding got screwed up for a while, but the apartment said they hadn't received anything (I myself got mail from the previous two tenants) and the collection notice was the first I had heard of it. The agency itself is one that's reputed to be really scummy, though they've been tolerable to me thus far. Finally, I may have made a mistake telling them that I did have an account with the utility at one point in time, but that was the only information they got out of me. So, how hard should I ignore them and what are the chances they're going to annoy me further? I checked one of the credit bureaus and nothing showed up, but I was still planning on sending a letter telling them I consider the matter closed. If I didn't feel like my credit was being held hostage, or that paying would actually damage it, I would just send in the insignificant amount, preferably to the utility rather than some collectors. tl;dr - guy with excellent credit gets collections notice for insignificant amount with questionable backup.
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Feb 6, 2010 23:32
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| # ? Apr 26, 2024 16:48 |
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DarkHorse posted:tl;dr - guy with excellent credit gets collections notice for insignificant amount with questionable backup. Their 'proof' sounds like poo poo. Either ignore them, tell them not to bother you anymore, or if you're feeling adventurous, play dumb and bait them into FDCPA violations so they cut you a check. There's a really good feeling when a scummy company ends up settling with you and sending you free money because they just wouldn't let that $50 debt go.
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Feb 7, 2010 12:14
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