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Icii posted:Wages and Bank Accounts are immune to garnishment in the state of Texas. You will never see a lawsuit if you are in that state. I have a question regarding to this, does bank regulations apply to where the bank is located or to where the consumer is located. Example: my Bank USAA is in Texas, I reside in New Jersey, there's no USAA offices in NJ would a creditor be able to garnish a bank account account in Texas?
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Feb 8, 2010 02:44
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OK any help here would be great. Due to similar stupidity seen in various parts of this thread I owe $24,000.00 CDN that I blew off 2 years ago when I moved to the States. I just received a piece of mail from the collections agency stating that my debt has been assigned to them and they have called a few times and left voicemails. Being that I live in the States but plan on heading back to Canada someday what should my course of action be here? Also can I go back to CIBC (original debt) after this is sorted or will they have already got rid of my account? Will I be able to get another bank account easily when I return? Thanks a ton, I know nothing.
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Feb 8, 2010 09:33
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I just read through this thread then realized I used to play FFXI with you.
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Feb 8, 2010 16:28
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shop posted:OK any help here would be great. Due to similar stupidity seen in various parts of this thread I owe $24,000.00 CDN that I blew off 2 years ago when I moved to the States. I just received a piece of mail from the collections agency stating that my debt has been assigned to them and they have called a few times and left voicemails. Being that I live in the States but plan on heading back to Canada someday what should my course of action be here? I'm not familiar with Canadian credit law but my first step would be to find out the statute of limitations on the debt for your home province and how their credit bureaus/reporting services work. Impius posted:I have a question regarding to this, does bank regulations apply to where the bank is located or to where the consumer is located. Typically it's based on where the consumer is located. This is kind of a unique case, check the Texas state law or better, ask your bank, they'd probably know.
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Feb 8, 2010 23:21
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I have a Visa Debit Card with First Community Credit Union in Texas. Around Thanksgiving I bounced a $200 check at a grocery store(H-E-B). I got hit with some insufficient funds charges from both the bank and H-E-B as my bank didn't cover the $200. I haven't heard from H-E-B, but the bank closed my account and sent it to collections(Transworld Systems). I owe $191.74. I would like to be able to open up the account again because I've been banking with them for years and it's right by my house. I got my w2 which could basically pay it off, but I can't direct deposit it into my account because it's closed. Here is my questions: 1. If I pay off the debt, will they just re-open my account? 2. Why haven't I heard from H-E-B yet about the bounced check? I've accidentally bounced checks with them before and just paid them off over the phone when I got a notice in the mail. 3. Why did my bank send this off to collections after only 2 months in debt? I've been in debt a lot longer than that before and nothing ever happened -- I would just end up getting out of the red with my paychecks. Thanks for your help.
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Feb 9, 2010 01:13
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kolby posted:I have a Visa Debit Card with First Community Credit Union in Texas. Around Thanksgiving I bounced a $200 check at a grocery store(H-E-B). I got hit with some insufficient funds charges from both the bank and H-E-B as my bank didn't cover the $200. I haven't heard from H-E-B, but the bank closed my account and sent it to collections(Transworld Systems). I owe $191.74. I would like to be able to open up the account again because I've been banking with them for years and it's right by my house. I got my w2 which could basically pay it off, but I can't direct deposit it into my account because it's closed. Here is my questions: Probably not. You can ask, but in most cases an account that goes to collections will be closed for good. quote:2. Why haven't I heard from H-E-B yet about the bounced check? I've accidentally bounced checks with them before and just paid them off over the phone when I got a notice in the mail. Can't say why the store hasn't sent you anything. Maybe they got money from your bank? quote:3. Why did my bank send this off to collections after only 2 months in debt? I've been in debt a lot longer than that before and nothing ever happened -- I would just end up getting out of the red with my paychecks. Banks are moving more quickly to write off bad accounts, especially in small numbers. I've known people with Comcast/Roadrunner debts where the debt is send off within a week or two.
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Feb 9, 2010 07:19
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CubsWoo posted:Probably not. You can ask, but in most cases an account that goes to collections will be closed for good. Okay, even if it's a long shot what should I say? Is this okay: "Hey, I've banked with you guys for 10 years now and this has never happened. I just sent the money order to collections, can I get my account back?" If that sounds like a dumb question, sorry. I want use of my card back and don't know what I'm doing.
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Feb 9, 2010 21:08
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shop posted:OK any help here would be great. Due to similar stupidity seen in various parts of this thread I owe $24,000.00 CDN that I blew off 2 years ago when I moved to the States. I just received a piece of mail from the collections agency stating that my debt has been assigned to them and they have called a few times and left voicemails. Being that I live in the States but plan on heading back to Canada someday what should my course of action be here? Yeah, this depends on your province, and what "someday" means in terms of when you plan to return. It could already be beyond statute if you lived in Ontario, but your account is closed and you would probably have difficulty getting a new one with that outstanding debt. The seven-year reporting rule applies here as well, so if you're planning to stay in the US for another 5+ years you may be okay when you return, assuming there is no judgment against you and you don't want to go back to CIBC. Don't take my word for it, though, because I don't know much specifically about bank accounts. To my knowledge Canadian banks don't blacklist (we don't have Chexsystems), but I am not an expert.
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Feb 9, 2010 23:02
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kolby posted:Okay, even if it's a long shot what should I say? Is this okay: "Hey, I've banked with you guys for 10 years now and this has never happened. I just sent the money order to collections, can I get my account back?" Yeah, basically that. Also ask from a letter from the collection agency that states you've made payment and everything is all square, so you can mail/fax that to the bank. Even with all of that, they still may not take your business, but it can't hurt to ask.
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Feb 10, 2010 00:50
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kolby posted:Okay, even if it's a long shot what should I say? Is this okay: "Hey, I've banked with you guys for 10 years now and this has never happened. I just sent the money order to collections, can I get my account back?" Good luck, you might end up in my situation. Bank of America put a notice on Chexsystems and now I can't open a bank account ANYWHERE. But, the company that BofA sold the loan to has screwed me over and violated several provisions of the both Fair Debt Collections and Fair Credit Reporting, so I'm about to send them an intent to sue letter. I'll let you know how that goes. Also, I spent $70 sending "Validation of Debt" letters to every single negative account on my credit report. One of them turned right around and said "sorry, our mistake, we're pulling the item from all three bureaus!" $650 right there, that I won't have to pay. And that's just one of the first out of 15 letters I sent out.
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Feb 10, 2010 01:47
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I live overseas now, but all my credit cards have my mothers house as a billing address. If I stop paying them (can't afford to pay anymore) do I have to provide a overseas address?
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Feb 10, 2010 09:14
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joebob posted:I live overseas now, but all my credit cards have my mothers house as a billing address. If I stop paying them (can't afford to pay anymore) do I have to provide a overseas address? No, but your home address is going to get a ton of collection mail. An overseas address might deter them from trying to collect though! Pagan posted:Good luck, you might end up in my situation. Bank of America put a notice on Chexsystems and now I can't open a bank account ANYWHERE. Good work! As for Chexsystems, you might want to try somewhere like US Bank. They sometimes offer a 'second chance checking' program for people on Chexsystems, though I think it carries a monthly fee. CubsWoo fucked around with this message at 09:38 on Feb 10, 2010 |
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Feb 10, 2010 09:18
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I just got verification over the phone from the "law" office that they got the check for the full amount they wanted and closed the account. How long does that take to show up on our credit report? On a side note, what a huge loving pain in the rear end it is to get these people to answer the damned phone. Endless robo calls to our cell phones but when you actually want to talk to them they act like they're doing a favor by just answering the phone. Doesn't make any sense to me.
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Feb 11, 2010 19:45
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Safety Engineer posted:I just got verification over the phone from the "law" office that they got the check for the full amount they wanted and closed the account. How long does that take to show up on our credit report? Get written verification from them, and if they haven't updated your account by then, dispute with the bureau. quote:On a side note, what a huge loving pain in the rear end it is to get these people to answer the damned phone. Endless robo calls to our cell phones but when you actually want to talk to them they act like they're doing a favor by just answering the phone. Doesn't make any sense to me. This is one of the many reasons I prefer to deal with collectors by mail only.
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Feb 11, 2010 21:47
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CubsWoo posted:I'm not familiar with Canadian credit law but my first step would be to find out the statute of limitations on the debt for your home province and how their credit bureaus/reporting services work. So I talked with the Collector today and he stated that if I did not pay immediately then they would recommend legal action. He stated that I paid $400.00 back when the account was with the bank in 2009 which I most likely did. I asked for a statement saying exactly what I owe and he sent me a letter from his company just with the total owing and options to pay. What are my options now.. the BC provincial stature is 6 years and he wasn't willing to set up a monthly payment. Do I take this to court or am I just hosed? Thanks again. EDIT: On top of this he got my mother on the phone, called me a liar repeatedly etc.. unfortunately I do not have this recorded shop fucked around with this message at 02:36 on Feb 12, 2010 |
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Feb 12, 2010 02:05
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TheWevel posted:What's the best way to go about getting a charge-off removed from my credit report? It's from the City of San Diego and it's from parking tickets. I live in Georgia now. I was thinking of sending them a letter and doing a pay for deletion. Anybody ever dealt with a city before? It's only on my Experian report but since it's a charge off and not a collection I think it's hurting my score more. Alright an update on this: I sent the City of San Diego a "pay for deletion" letter and they responded. They're saying that I owe more than what's on my credit report, and that they will determine according to their guidelines whether or not they will delete it. They added that I should pay immediately to settle the issue but they never said they would actually delete it. I'm thinking about writing them another letter that says "I will not pay this until I get written confirmation that you will delete it." Short and to the point, right?
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Feb 12, 2010 02:49
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TheWevel posted:Alright an update on this: Sounds good. Get the written confirmation first, then send the check. shop posted:So I talked with the Collector today and he stated that if I did not pay immediately then they would recommend legal action. He stated that I paid $400.00 back when the account was with the bank in 2009 which I most likely did. I asked for a statement saying exactly what I owe and he sent me a letter from his company just with the total owing and options to pay. What are my options now.. the BC provincial stature is 6 years and he wasn't willing to set up a monthly payment. Do I take this to court or am I just hosed? Honestly I don't know. Check to see if Canada has a FDCPA/FCRA analogue on the books, it could help you in court. In US courts, at least, you can really push for them to provide a solid burden of proof and chain of custody of the debt. If they're trying to sue for the $24k or whatever I would suggest finding a Canadian consumer lawyer to help you.
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Feb 12, 2010 03:10
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Thanks, I guess I'll just call the bank in the morning and see if I can set up a monthly payment plan with them. Hopefully they haven't sold the debt.
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Feb 12, 2010 04:37
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When I entered college at 18, I took out student loans (around $2,500/semester). After a year and a half, I dropped out and applied for a Citi credit card, which I maxed out at my cap of $5,000. I made regular payments for a short while, I don't remember how long, but unemployment and lovely life situations hit me & I was unable to keep paying. I've not improved my situation much since then but right now I owe two ~$2,500 student loans and one ~$6,000 credit card debt. I've received few calls and bits of mail from them for the past few years, but have ignored them mostly because I told myself "I'll be able to start affording monthly payments soon, then I'll talk to them." Now I'm 25 and have recently received a letter stating they're going to garnish my wages (which would be difficult considering I'm unemployed). What would be the best course of action in my situation?
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Feb 12, 2010 13:09
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Cryte Lynn posted:When I entered college at 18, I took out student loans (around $2,500/semester). After a year and a half, I dropped out and applied for a Citi credit card, which I maxed out at my cap of $5,000. I made regular payments for a short while, I don't remember how long, but unemployment and lovely life situations hit me & I was unable to keep paying. I've not improved my situation much since then but right now I owe two ~$2,500 student loans and one ~$6,000 credit card debt. I'm just going off of what I've read in this thread, but I'd guess you're still on the hook for the student loans. Garnishing wages sounds like they've got a judgment, so you should check state/county laws to see if you should have been served in person or if mail is ok. Check to make sure which loan it's referencing, because you still should have options for the CC debt unless you've got a judgment already. If you have any money now you could try negotiating with a sob story, but if they can truly garnish your wages they are more than happy to wait until you have wages, especially if your judgment is accruing interest. Check to see there's a court number as obviously you didn't know you had a court date (or did you?) and hope you can find something about how they didn't let you know you had a court date.
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Feb 12, 2010 20:47
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Quick question - I have never had any problems with debt or creditors until last summer. A pain specialist sent my 47$ bill to collections, which I promptly paid. I want this off my credit - what should I do? I'm in Colorado.
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Feb 13, 2010 01:49
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Cryte Lynn posted:When I entered college at 18, I took out student loans (around $2,500/semester). After a year and a half, I dropped out and applied for a Citi credit card, which I maxed out at my cap of $5,000. I made regular payments for a short while, I don't remember how long, but unemployment and lovely life situations hit me & I was unable to keep paying. I've not improved my situation much since then but right now I owe two ~$2,500 student loans and one ~$6,000 credit card debt. Regarding student loans, you're hosed. Those will never, ever go away (you can't even discharge them in bankruptcy) and they'll go after you in a lot of ways. Typically they just take your tax refund until the debt is paid off but sometimes they can move to garnish. Not much you can do besides ask if they'll do a payment plan instead, really. If it's the credit card company claiming they'll garnish, check some things out first. Like Knightmare said, check to see if you got a judgment levied against you in your county. If you weren't served/served improperly, get the judgment vacated. If you were, again, you're hosed. If you haven't been taken to court, they just violated the FDCPA and you've got a road to countersuing. XakEp posted:Quick question - I have never had any problems with debt or creditors until last summer. A pain specialist sent my 47$ bill to collections, which I promptly paid. I want this off my credit - what should I do? I'm in Colorado. Write a goodwill letter to the collector asking for them to delete it or challenge it with the bureau and see if it falls off. Otherwise, it stays if it's a legit collection debt.
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Feb 13, 2010 10:09
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So I sent in a debt verification letter and they sent back a response saying they'd enclosed the information I requested along with a page that has about 7 or 8 pieces of discernible information, all of which are simply how much my credit card bill was or my old credit limit, and tons of numbers and phrases that mean nothing to me. I suppose they called my bluff but I don't know how this constitutes "proof" of anything. Anyone come across this?
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Feb 15, 2010 17:36
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OP how old are you now and how long did it take to finally settle all of this crap? Did you learn this stuff as you went?CubsWoo posted:The debt collection industry I find to be pretty genius. It runs primarily on the understanding that the average person does not know and will not attempt to exercise their rights, or even make the tiniest effort to contest what is being asked of them. Hate to quote something from page 1, but this is exactly how the criminal justice system works too
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Feb 15, 2010 18:43
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Is the OP still active in this thread? i'm in a debt situation similar, but handled it differently, and would love some advice.
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Feb 15, 2010 20:17
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TskMgr posted:Is the OP still active in this thread? i'm in a debt situation similar, but handled it differently, and would love some advice. If you looked two posts up you'd see he replied two days ago! You may as well post your situation here though, lots of people have gotten good advice from not just him.
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Feb 15, 2010 21:55
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e: resolved
Impper fucked around with this message at 23:17 on Jul 21, 2010 |
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Feb 15, 2010 22:43
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roffle posted:OP how old are you now and how long did it take to finally settle all of this crap? Did you learn this stuff as you went? Late 20s, learned it as I went. Once I started working on it, most of the repair has taken around 18-24 months, with maybe a month's worth of actual work in there and the rest waiting for letters to be replied to. Impper posted:Okay, so some years back, three or four by now, my gym locker was broken into and my wallet stolen along with IDs and everything else. Being an idiot, I didn't get police reports or anything of the sort; all I did was close my bank account. I have no records of this happening. You can respond by mail, as long as you also include a Notice of Filing along with it (this basically says you swear by oath that you sent the other party full, accurate copies of all the documentation.) Call the courthouse tomorrow morning, you should be able to file a motion to dismiss because of the improper venue, but you'll want to ask one of the clerks what kind of proof to include with your motion (typically a utility bill, property tax forms, something that shows you don't reside in that county.) Some county systems also allow for filing of documents online for a fee, but the more rural counties don't and I wouldn't do it in Cook because they're swamped and the forms may be lost. Right now what the plaintiff is trying to do is serve you, basically. The 'alias issued' is them trying to get a second summons out because they haven't been successful in serving you. In Illinois, alias summons are typically served via certified mail, so I'd assume they have a skip tracer on your rear end trying to find out where you're currently living. Here's what I would do. As above, call the courthouse and get the information you need regarding getting the case dismissed on the grounds of the suit filed in an improper venue. When you file your motion to dismiss, send alongside that paperwork to both the company and its attorneys a statement along these lines: quote:Please note that pursuant to the alleged XXXXX Bank cardmember agreement, I/we hereby ELECT arbitration to resolve all disuptes between us. If your card is like 99% of cards out there, it has an arb clause, and you've now hosed them out of litigation. You don't have to do this part, but it will probably make them stop bothering you AND make any continued litigation a FDCPA violation and means to countersue.
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Feb 16, 2010 02:06
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Paul Allen posted:So I sent in a debt verification letter and they sent back a response saying they'd enclosed the information I requested along with a page that has about 7 or 8 pieces of discernible information, all of which are simply how much my credit card bill was or my old credit limit, and tons of numbers and phrases that mean nothing to me. I suppose they called my bluff but I don't know how this constitutes "proof" of anything. Check and see that the numbers they say you owe match up with the items they sent you. Did they send copies of the paperwork, or just figures on an Excel spreadsheet?
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Feb 16, 2010 02:19
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I owed about 5000 to a college, (no student loans or anything like that), never paid them... they sent it to the attorney general of ohio.. what is the regular course of action with something like this? they took my ohio state income tax refund this year.. what can be expected next?
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Feb 16, 2010 13:44
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CubsWoo posted:Regarding student loans, you're hosed. Those will never, ever go away (you can't even discharge them in bankruptcy) and they'll go after you in a lot of ways. Typically they just take your tax refund until the debt is paid off but sometimes they can move to garnish. Not much you can do besides ask if they'll do a payment plan instead, really. What can you do when a student loan company is demanding payment while you're enrolled full time in school and you've sent them evidence of such (and have the return receipt card showing they got it?). They were ringing a cell phone 10 times in a 5 hour period last Friday and won't take no for an answer.
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Feb 16, 2010 16:16
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CubsWoo posted:Check and see that the numbers they say you owe match up with the items they sent you. Did they send copies of the paperwork, or just figures on an Excel spreadsheet? They say I owe them $1,452 while my actual card balance is $933. And yeah, it just looks like something typed up on Wordpad or something. It's not on official letterhead from my credit card company or anything. Basically I could have typed this up.
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Feb 16, 2010 17:48
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"[Rob.Baker posted:"] If you don't pay you can probably expect them to keep taking your return until the debt is satisfied. They probably won't file suit since they have something they can attach. hobbesmaster posted:What can you do when a student loan company is demanding payment while you're enrolled full time in school and you've sent them evidence of such (and have the return receipt card showing they got it?). They were ringing a cell phone 10 times in a 5 hour period last Friday and won't take no for an answer. Get your school to send them something as well. If that doesn't work, you may want to get in touch with a consumer lawyer or someone higher up at your school to discuss it. Paul Allen posted:They say I owe them $1,452 while my actual card balance is $933. And yeah, it just looks like something typed up on Wordpad or something. It's not on official letterhead from my credit card company or anything. Tell them you want original copies of statements, cardmember agreements, and accounting of the debt. Let them know how you feel about their Notepad evidence in a respectful way.
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Feb 17, 2010 00:06
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Got a BS traffic ticket while driving across the country about 5 years ago and spoke with the court who told me they'd take care of it and call me back. Lost all the information in a house fire and forgot about it completely. Just received a letter asking for me to pay ~$250. Called the collection agency and explained the situation and offered $120. Guy wouldn't take it but said they could set me up to pay the full amount back at $20 a month. I asked about a pay by deletion and he asked me what that was. I got his name and hung up. Right now I'm interning and not making a lot of money; what options do I have?
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Feb 19, 2010 22:45
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Topper Harley posted:Got a BS traffic ticket while driving across the country about 5 years ago and spoke with the court who told me they'd take care of it and call me back. Lost all the information in a house fire and forgot about it completely. Just received a letter asking for me to pay ~$250. Called the collection agency and explained the situation and offered $120. Guy wouldn't take it but said they could set me up to pay the full amount back at $20 a month. I asked about a pay by deletion and he asked me what that was. I got his name and hung up. Right now I'm interning and not making a lot of money; what options do I have? Did you look up your credit report and see if it's actually on there? If it's five years old there may be statute of limitation options. I'd send them a debt verification letter proving how the debt is yours if you can't find anything about the statute of limitations. Records of the parking ticket for your vehicle, vehicle records proving it's your vehicle at the time of the ticket, and finally how they came up with the $250 figure. I've only had parking tickets that threatened to suspend my license priveleges if I didn't pay, but that's in my home state DMV where I'm registered. Out of state is different I'm sure. Also note that I'm not a lawyer and I'm literally only relaying suggestions I've come up with while reading through this thread.
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Feb 20, 2010 00:06
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Thanks, Knightmare. I recall the ticket would have been for a specific amount so when I inquired on the phone how they came up with the total he informed me that they added $49 fee to the original amount. Seems pretty legit. I last checked my credit in December and don't think it was on there at that time. I'll most likely suck it up and pay the amount in total but drat if it doesn't piss me off (I was actually shooting a documentary at the time and had video footage proving that I was not speeding, spoke with the court multiple times about sending the video in as evidence but they stopped returning my calls and a house fire destroyed my notes and the tape 2 years ago).
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Feb 20, 2010 01:49
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Topper Harley posted:Thanks, Knightmare. I recall the ticket would have been for a specific amount so when I inquired on the phone how they came up with the total he informed me that they added $49 fee to the original amount. Seems pretty legit. I last checked my credit in December and don't think it was on there at that time. I'll most likely suck it up and pay the amount in total but drat if it doesn't piss me off (I was actually shooting a documentary at the time and had video footage proving that I was not speeding, spoke with the court multiple times about sending the video in as evidence but they stopped returning my calls and a house fire destroyed my notes and the tape 2 years ago). You literally have nothing to lose by sending a debt verification letter to them. It would take you 5 minutes. If money really is tight for you right now, why wouldn't you make sure the debt is really legally theirs to collect and that they have verification of what you really owe?
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Feb 20, 2010 01:55
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Topper Harley posted:Thanks, Knightmare. I recall the ticket would have been for a specific amount so when I inquired on the phone how they came up with the total he informed me that they added $49 fee to the original amount. Seems pretty legit. I last checked my credit in December and don't think it was on there at that time. I'll most likely suck it up and pay the amount in total but drat if it doesn't piss me off (I was actually shooting a documentary at the time and had video footage proving that I was not speeding, spoke with the court multiple times about sending the video in as evidence but they stopped returning my calls and a house fire destroyed my notes and the tape 2 years ago). Exactly. The 'welp I'll pay but GOD I'M SO MAD ABOUT IT' kind of attitude is why collectors stay profitable. Your collection account was probably thrown in for free or cost them less than $5 to buy. For the cost of a stamp/CMRRR letter you can probably have them go away forever, so do that first.
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Feb 20, 2010 05:48
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Topper Harley posted:Thanks, Knightmare. I recall the ticket would have been for a specific amount so when I inquired on the phone how they came up with the total he informed me that they added $49 fee to the original amount. Seems pretty legit. I last checked my credit in December and don't think it was on there at that time. I'll most likely suck it up and pay the amount in total but drat if it doesn't piss me off (I was actually shooting a documentary at the time and had video footage proving that I was not speeding, spoke with the court multiple times about sending the video in as evidence but they stopped returning my calls and a house fire destroyed my notes and the tape 2 years ago). I'm not 100% on this but if it's really not on your credit report and you pay them, there might be a chance it gets "updated" to your credit that you had an outstanding debt that you did settle, but would possibly drop your score a bit. Send a debt validation letter, and if they actually can prove the debt is yours then offer $40 for a pay-for-delete. That way it won't show up on your credit, and if it's truly not on your credit as of this moment it might just be best to let it slip by the statute of limitations if it hasn't already.
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Feb 22, 2010 18:44
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Knightmare posted:I'm not 100% on this but if it's really not on your credit report and you pay them, there might be a chance it gets "updated" to your credit that you had an outstanding debt that you did settle, but would possibly drop your score a bit. Send a debt validation letter, and if they actually can prove the debt is yours then offer $40 for a pay-for-delete. That way it won't show up on your credit, and if it's truly not on your credit as of this moment it might just be best to let it slip by the statute of limitations if it hasn't already. I will definitely send a debt validation letter to be certain it's legit (which it likely is) but the statute of limitations for traffic tickets only applies to the time period it takes the officer to file the charges. After they've been filed that ticket's there for good so waiting it out after receiving verification that the company bought purchased the debt would only cause more problems. Thanks again for the advice.
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Feb 22, 2010 20:56
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