Ask me about dealing with/suing/being sued by debt collectors!

The Something Awful Forums > Discussion > Ask/Tell > Business, Finance, and Careers > Ask me about dealing with/suing/being sued by debt collectors!

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

TWiNKiE posted:

The statute of limitations of the state you reside in when the suit was filed applies.

So, let's say the account charged off in December 2006 and you lived in Ohio until last week. As of last month, the debt is beyond the statute of limitations, and if they tried to sue you, you have an easy affirmative defense.

Now let's say that you moved from Ohio to Michigan last week. The SOL in Michigan is six years, so you're fair game again. And no, moving back to Ohio doesn't fix it once you've been served.

That's a great relief to me, as I opened several credit cards back in college when I was young and stupid, and they're all beyond the SOL to sue me over in both that state and my current home state. I really need to tell the collection agencies who show up now and then over that debt to leave me alone about it...

# ¿ Jan 13, 2011 05:37

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# ¿ May 17, 2024 16:37

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

siggy2021 posted:

As far as I can recall, I have never received any letters from this law office. When I talk to them tomorrow, should I just ask that they send me something by mail, and that is it? I know they have my address, because she asked me if my address was ***, and it was, but I have no idea where they are located, so sending them a letter is impossible.

Also, should I ask them who they are representing? Based on experiences from other people on the internet, I don't think this is actually a law firm at all. I've even found a couple of sites with them listed as a debt collection agency.

Also, don't forget to tell them that you cannot receive calls of this nature at work, and they can't call you there again. (Put this in your letter, if you send them one, too.)

# ¿ Mar 7, 2012 03:12

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

jjef posted:

With all of this in mind, should I have my mother send them a letter? Shes already in lots of debt and is planning her bankruptcy right now. If a letter is sent, what should it say? Any advice?

I am not at all a professional, but if she's already filing for bankruptcy, she should bring this up with her lawyer. The lawyer is getting paid to deal with this stuff.

# ¿ Jan 25, 2014 21:23

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

I got a letter from a collection agency (Continental Service Group) saying I owe $7000+ on a student loan. Now, I'm 99% sure I paid off all my student loans about a year and a half ago, so I sent them a DV letter CMRR. They responded with copies of my Master Promissory Note, loan disbursements, and the added interest and fees. So good on them for replying with some good documentation.

I, consequently, checked all my credit reports, which show no outstanding loans. I have a check image showing I paid the school about $2500 back in October 2012, with the memo saying "student loan payoff". I haven't heard anything else about owing on student loans until I got this letter in late April of this year. Neither the Feds nor the State took my tax refunds this year to apply to my loans. So, I'm pretty drat sure I don't owe on this debt.

What do I do now?

# ¿ Jun 21, 2014 09:26

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

revmoo please teach me your ways.

I got a dunning letter from ConServe in April of last year, saying I owed on a student loan. I sent back a debt validation letter CMRR and it was signed for. Nothing came of it, so I forgot about it. But I kept the records.

Late last month I got a call from a toll-free number, which I ignored as usual. But they left a message - the standard "this is an attempt to collect a debt" call. That confused me, because I don't have any debt. But the agency name sounded familiar. I called back within 20 minutes, and the receptionist transferred me to the office of whoever called me. She specifically said there was no hold music, so I shouldn't hang up. After a minute or so, the call disconnected from their end.

After that, I remembered why I recognized the name, and the whole procedure from last year.

They called back a week later, and I answered. I recorded it too. I told the guy that I had previously disputed this debt, never heard back, and they now owed me $2000 for violating the FDCPA with the two calls. (I stammered and stuttered a bit due to nerves and anger, but I got it all out.) He asked if I was disputing the debt, I said of course I am, and he said they'd send me stuff in the mail.

I did get another dunning letter, dated the same day as the first call, but nothing else as of two weeks later.

The debt wasn't and isn't on my credit report, and I feel like they're trying to scam me, but they're a legit collection agency. I paid off all of my student loans several years ago, and have the records for that too.

I'm pretty sure they've violated the law three times (two calls and one letter), plus I specifically said not to call me in my first letter to them. I want to send a letter back, something more than just another validation letter. I've got a draft written, but I don't even know if it's the right move. Should I just shut up and find a lawyer? I know people have won these cases pro se before, and it doesn't look that hard, but I'd like to make them and their alleged debt go away without having to sue them.

# ¿ Nov 19, 2015 21:13

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

revmoo posted:

Keep a log of every time you get hung up on. I called 31 times before getting what I wanted from an agency once and my lawyer put that number in the lawsuit. KEEP DETAILED LOGS OF EVERY INTERACTION!! Time, date, persons talked to, etc. THIS IS YOUR LIFELINE TO WINNING. I cannot stress that enough.

I'm doing this, along with recordings if I talk to them on the phone.

revmoo posted:

Here's what you do:

- Send them a formal letter asking for them to provide documentation validating the debt, tell them you want all contact in writing only, and remind them that you already asked them for validation on <x_date_last_year>. Call them and tell the same as well and mark down the time and date, that way if they call again between your call and them receiving the letter you have them in a violation. I caught a violation on one of my cases in a six-hour span. Make a note of who you talk to, first and last name and note if they refuse. Give them your address, make them read it back to you. You may want to call first and then reference/remind them what you said in your letter.

I'll work on this. Just basically resend the first letter, but stress that I sent one before?

Thanks to you and LorneReams so far.

# ¿ Nov 20, 2015 01:30

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Tea.EarlGrey.Hot. posted:

I just got a letter back from these guys today in response to my DV letter. They're asking for more information to validate the case. The original voicemails only gave a reference number, which I supplied. They're asking me to give them my social, or a bunch of information I don't know (original creditor's contact info.. I don't know WHO the original creditor is, if there even is one).

What am I supposed to do in this scenario? They might have replied later than 30 days.. I'll have to double check when I get home.

I'm pretty sure you don't have to give them any more information than you already did. It's up to them to prove you owe the debt, and they didn't.

# ¿ Aug 15, 2016 15:35

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Never talk to cops or debt collectors. Unfortunately I have no further suggestions.

# ¿ Mar 18, 2020 15:17

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

If you're sure you never opened this credit card account, your first step is to file a police report against your mother for identity theft and fraud.
(Yes I know I said never talk to the cops before but this is different.)

# ¿ Mar 21, 2020 19:22

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

streetlamp posted:

And I'm back once again.
After this first court appearance I was unable to come to any possible terms of payment with the law firm. Thew few times I was actually able to reach them. I received another court hearing from the same law firm. Showed up to court this morning and it was the same lawyer acting on behalf of the law firm from before. Unfortunately this time the judge simply asked do I owe the ~$8k and I said yes sir. Can't blame him for being straight to the point.

So I have a judgement against me for the money now. I meet with the lawyer outside of the court room to talk about making payments but he says he doesn't have any of that information and to just call the firm he was acting on behalf of.

No issue with the judgement, I mean I owe the debt. This law firm is really terrible to deal with and now there has been a judgement I assume I have very little (if any?) room to negotiate. The only method of payment they accept is check in the mail and they could not provide me receipts. I assume I get back in contact with firm now and make sure to get a written agreement before any money is sent?

Also this was on my credit report at one time but it no longer is and the accounts are marked closed. My credit score has been rising the last few years after I actually started making plans to drive down my debt. Can this law firm put this on my report again?

Thanks y'all

Get you a bankruptcy lawyer to wipe this judgement out (as well as any other debt you have)

# ¿ Jul 21, 2020 03:13

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Zarin posted:

Never negotiate over the phone.*
Always negotiate in writing.

*unless you're willing to record every call and be clear that you're recording it

# ¿ Apr 15, 2021 23:26

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Ignore it. It's too old to put on a credit report and they can't sue.

# ¿ Aug 16, 2021 19:22

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Ignore it and block the number

# ¿ Sep 21, 2021 23:22

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Definitely send a debt validation letter certified mail with return receipt to the collection agency and wait for a reply. If they reply it should point you to the original creditor. If they don't reply, well...

# ¿ Oct 5, 2021 03:34

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

I'd try to get a consultation with an estate lawyer. But in my mom's case I pulled the money from her account and closed it. There was no property other than her car. Then when her bank (Bank of America) tried to bill her for fees (because they didn't actually close the account) I sent back a copy of the death certificate and they hosed off.

# ¿ Nov 14, 2021 22:36

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

It would probably cost more to hire a lawyer to fight it than to just pay it off

# ¿ Feb 8, 2022 04:10

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Default on the credit cards. They are unsecured debt. If you really want to make it (and any medical debt) go away, get a bankruptcy lawyer.

# ¿ Jan 29, 2023 01:37

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

It's very unlikely they'll sue for such small amounts.

If they're debt collecters and not the original creditors, send a debt validation letter via certified mail with return receipt and see if they reply. Do not talk to them on the phone . They can and will lie to you about the seriousness of the situation. You might say stuff that make things harder for you. Any "deal" you work out verbally is worth the paper it's printed on.

If it's the original creditors, calling them is more likely to help.

# ¿ May 11, 2023 00:32

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

How old is "ancient"?

# ¿ May 28, 2023 00:11

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

If you or your friends know any lawyers, ask them for recommendations. I don't think a bankruptcy attorney could help with the situation, but they could probably point you in the right direction.

For the accounts he didn't open, that's identity theft, so look for lawyers or groups that help with that.

# ¿ Jun 25, 2023 17:39

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

Have you told your bank / credit card to reject the charges as unauthorized or fraudulent in the future? I don't know Canadian law but that would be my first step.

# ¿ Jul 13, 2023 02:08

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

You may be able to get advice from a lawyer without retaining one. Many offer free consultations. Doing what SubRosa said above will make a clearer picture for any attorney you talk to (and possibly retain)

# ¿ Dec 12, 2023 22:50

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# ¿ May 17, 2024 16:37

vortmax: Sep 24, 2008; In meteorology, vorticity often refers to a measurement of the spin of horizontally flowing air about a vertical axis.

You can also get an annual report from ChexSystems to see if someone opened a bank account with your info.

# ¿ Dec 17, 2023 19:49

The Something Awful Forums > Discussion > Ask/Tell > Business, Finance, and Careers > Ask me about dealing with/suing/being sued by debt collectors!