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I walked away from some debt several years back, probably a total of anywhere from $3000-$5000 across a couple credit cards, the bulk of it on one MBNA (now Bank of America) card. I got the usual range of collection calls and letters afterward, and largely ignored all of them. I was dealing with some personal issues at the time, did not have the means to pay the debt, and was afraid of trying to deal with it. Young and stupid. In the last year, I moved and have started the process of getting my life back on track. My next logical step would be to get this debt off my record and start the slow and painful process of rebuilding my credit. Now, the complications. My move was pretty stealthy in that I did not leave a forwarding address or phone number (friends and people who I wanted to stay in contact with knew how to get ahold of me), and what few month-to-month financial obligations I had at the time I was taking care of online, and continued to do so. So, I managed to leave the calls and letters behind. I've read a lot of this thread and took the first step in getting my big 3 credit reports from annualcreditreport.com. The big debt that seems to be agreed upon by all three is around $8800 from Asset Acceptance. I checked on the county courthouse where I used to live and found what I assume was a judgement against me from them. Civil court, from February of last year, with a bunch of dockets related to it listing what looks like attempts to contact me about it (MOTION TO CONFIRM ARBITRATION AWARD). Moreover, while one of the initial attempts to contact me via certified mail lists my correct address, four subsequent listings show an incorrect address (same town, but I definitely never lived there and know nobody who does). I still lived there at the time of the initial judgement (I moved about a month afterward), but I know I was never personally served. Whether I got something in the mail or on my door that I might have trashed without noticing, I can't say. The last thing in the court docket was a Notice of Hearing with the hearing date set for a couple weeks ago, for APPLICATION TO CONFIRM & ENFORCE ARBITRATION. The copy of the notice, naturally, was addressed to the wrong address in my old town, and they haven't yet found me at my current address (in a different town, same state), but I'm sure they will eventually. Regardless, it's probably better to deal with this now than let it go and hope it goes away/quiets down. I know that $8800 is way more than I originally owed to MBNA/BoA, but interest, fees, etc. Are my options here pretty limited since it seems like I'm post-judgement? Will the length of time between the judgement and my attempts to dispute/invalidate it (over a year at this point) lessen my chances of success? Do I have any leeway with Asset Acceptance over the $8800 they say I owe or, again, does being post-judgement gently caress me in that regard? For reference, it's iffy that I'd be able to pay off that entire amount at the moment. Back on my feet, yes, but able to set aside that much money, not especially likely. If I -am- hosed, would setting up a payment plan be a possibility with AA?
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Mar 1, 2010 23:41
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| # ¿ May 7, 2024 21:11 |
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Ok so backstory, I posted in this thread about a year and a half ago seeking advice but ultimately did nothing at the time, go figure. Last month I finally seriously began dealing with my debt. I pulled my big 3 credit reports, whittled things down to two debts with two different collection agencies, one big (close to $9000) and one small (less than $100). At that point, I sent out debt validation letters to both via certified mail telling them to send back documentation yadda yadda. They both received those by Aug 15. Today I got back a letter from the owner of a smaller debt with a very brief record showing a $210 debt for a woman (I'm a dude) with the same last name as me who lives about an hour away from me. So, basically, they don't know what the gently caress. Following some information from elsewhere online, it appears my next step is to send them another certified letter stating that the debt is not mine and that continuing to seek money from me is a violation of the FDCPA. My question is, while I'm doing this, should I also dispute the entry on my credit report, or give them a chance to respond further first? My other debt is slightly more complicated but I'll keep it simple for now. I may have a judgment against me for the larger amount. Court records from the county court where I used to live are difficult to parse but seem to indicate they went to court and won in arbitration against me. I am waiting for a response from them to verify this, but here's my other question... let's say they DID win in arbitration against me, but now don't get a response to my request for debt validation back to me before 30 days pass... can I legitimately dispute their listing on my credit report and possibly have it removed, or does the judgment they won gently caress that? I should mention that I have moved twice since racking these debts up, once back to a previous address and then again over a year ago to another state. I'm guessing this is why the smaller debt owner has hosed up in regards to figuring out who I am, and why I haven't gotten a response back yet from the owner of the larger debt.
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Sep 3, 2011 18:19
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AuntBuck posted:I hate to say it, but if they got a judgment against you, you just sent them your new address. They don't have to respond to you, they can just begin garnishing you. Were you served or contacted at all by this company? Are they representing the original creditor or are they a collections agency? Judgments are far more difficult to get out of and they are collectable for much longer. Go back and read through the thread and start doing some research. Ok, so, the plot thickens. Since the last post, my small debt has disappeared off of my credit report completely without any further action (I just pulled a new one tonight). Apparently their confusion over my identity culminated in them giving up. Score one for the home team. Now, the other, bigger debt. I received no response of any kind from the debt collector on the larger debt - we'll call them Company A. No report of a judgment, no appearance of garnished wages, no calls or response letters, nothing. However, a couple days ago, I DID receive a brand new collections attempt from a completely different company that seems to be related to the same debt - they claim to represent the same original creditor as Company A. We'll call this new arrival Company B. So, Company A has been completely silent since my original debt validation letter. They still show up on my credit report, though. The amount they're looking to collect is north of $9000. Company B has now also appeared on my credit report. The amount THEY'RE asking for is about $2000, AND if I pay within a month they'll discount it down to about $1150. Now, putting aside the fact that I haven't heard poo poo from Company A, my guess is that they sold some or all of my debt to Company B (I'm leaning towards some, otherwise they would show up on my credit report as a Closed Account, no?). From what I've read this is a pretty common practice, and my guess is paying off Company B will have literally zero effect on Company A's balance or attempts to collect from me. I realize it's impossible to say with any certainty if I'm right, but am I probably in the ballpark here? Regardless, I'm gonna send a debt validation letter to Company B and see what I get back. As for the potential judgment against me from Company A, I'm going to call the clerk of courts where I lived at the time tomorrow morning and see if I can find out any further info on that before proceeding further with anything against Company A. Weirder and weirder.
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Oct 3, 2011 08:52
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Quick rundown. I walked away from a credit card debt back in 2005 that was in the $2500-$3000 range. I ignored calls and mails and my debt got passed around a couple times. I've been working on my options in the last year and am at a point where I'm unsure of my next step. The debt currently appears to be owned by three (THREE!) different collectors. One is demanding close to $10000 (let's call them Collector A), one $2000 (Collector B), and one $1200 (Collector C). They're all pretty clearly originating from the same debt, as they all mention the credit card in question in some way, and the only other debt I had from that time was a $90 unpaid cell phone bill that I'm currently working on settling. I sent DV letters to all three of them in the last six months. A was four months ago - they've been on my credit report for a couple years now, but the debt was so large that I didn't deal with it right away - basically, I was afraid of raising their ire, something I now understand was silly. B was six months ago, as soon as I started getting mail from them about the debt. C was 2 months ago, in response to their listing on my report. Collector B has responded to every DV-related thing I've sent them with form letters basically saying they acknowledge that I dispute the debt but need more information from me to investigate it. Which sounds to me like they can't validate and are stalling for time. They also sent me another one of those "You owe, but pay now and we'll discount how much!" things after my DV letter, which I saved as it's a pretty clear violation. Collector A did not respond to my first DV letter. When I sent a second one, they responded with a form letter similar to B's, saying they could not determine the "nature of my dispute" and required more info. While I don't want to identify specific companies (covering my bases in case I sue), I will say that Collector A has been involved in class-action litigation recently regarding improper aging of debts and attempting to collect despite sketchy or no validation. Collector C has never responded to anything I've sent them and has never sent me anything. Right now they're a mark on my credit report and were it not for that I wouldn't even know they exist. I sent letters to Equifax and Experian (need to send more, and some to TransUnion as well, this poo poo is listed in several different places on my credit report and I didn't see some of them til now) asking them to verify the debts and explaining the situation and what communication has gone back and forth. The Experian one is still pending, but from Equifax I received confirmation that both debts (the ones with A and B) are verified as belonging to me. That appears to be all that they've done. Lots of text! Two questions: 1. What actually constitutes debt validation? I have been asking for the whole shebang: a full accounting of the debt including interest, a copy of a credit agreement signed by me, proof that the statute of limitations hasn't expired, etc. The best I have gotten on any of the mails I've received is my name, address, the account number with the debt collector, and an amount. This is not enough to constitute validation, right? I want to make sure that I have grounds to sue if and when it comes to that. 2. Until recently, I assumed (falsely) that the statute of limitations for debts was universally 7 years. I have since found out that it's 6 years in the state where I first accrued these debts. Both responses from Equifax about verification mention that the first date of delinquency is 12/2005. That puts it outside six years. Does that mean I can ask to have it deleted from my credit report? Should I take this step next, or proceed with what seems to be the logical next step outside of that: asking for a Method of Verification, something I saw recommended elsewhere. Sorry for the textbomb. I've been dealing with this for a while now and it's really rough, so any help that can be offered would be immensely appreciated. Any other info I can provide that would be helpful, just let me know.
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Feb 29, 2012 16:56
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Corkscrew posted:Lots of text! Two questions: Any thoughts on my post from the previous page? I've since gotten a letter back from Experian as well regarding the debt from Collector A that seems to verify the debt as mine. They list the account date as beginning in 2008, but it's definitely the same debt as the Equifax one where it's listed as 2005. At this point, I'm looking to figure out whether I further pursue the fact that these debts were never properly validated, or just jump right to showing that they're outside the statute of limitations. I've seen suggestions (from sites around the web) that I should cover all my bases with multiple disputes, one thing at a time. It seems like the tactic being suggested is to hit every possible dispute until one works. I'm also wondering if it's better to sue at this point, though I'm worried about the cost of a lawyer. I know if I win the bureaus and/or debt collectors will likely be responsible for court costs, but if I don't, I'm on the hook. Corkscrew fucked around with this message at 15:00 on Mar 6, 2012 |
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Mar 6, 2012 14:57
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Roger_Mudd posted:It depends which law you were using. If the matter falls under the Federal fair debt collection act, check out § 809. That's what I was using as far as validation of the debts. I sent them a letter requesting a full accounting, a copy of a signed agreement, licensing info, etc. They sent back form letters with none of this info. Now an additional wrinkle. I called Equifax to request Method of Verification on one of my disputes and was told that while they had received verification from the debt collector, they did not have than information available and could not provide me with it. The lady I talked to repeated several times that I would have to contact the collection agency for that information, even after I reminded her that I had already sent them several letters requesting debt validation and had received nothing in return. Even threatening legal action did not result in anything other than more apologies and insistence that I contact the creditor. At this point, I'm not sure what step to take next. I'm being pretty well stonewalled by both Equifax and the debt collector as far as proof that I owe the debt. Should I call Equifax back and try to get a different agent to look this over? Send the debt collector another letter, or even call them? Or is it lawyer time?
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Mar 6, 2012 18:32
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Roger_Mudd posted:As an Attorney *I am not your Attorney, high probability I'm not licensed to practice law in your state* I generally don't start requesting that information until after they've filed suit. They have to provide that under discovery rules but I'm not aware of any laws that require them to provide that information before hand. The information I was going on came from the FCRA, as interpreted on this site: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml Specifically, 611(a)(6) and 611(a)(7). They have to "describe" the method by which they verified the data. I guess according to the letter of the law, the agent at Equifax did that - she told me they contacted the creditor. Past that, I didn't get anywhere. My question still stands, though. At this point, Equifax says I owe the debt. The creditor says I owe the debt. Neither has sent me any kind of paperwork actually validating the debt, just stuff that says the debt exists in their system and for how much. Lawyer time? Or do I look into the statute of limitations? I'm a couple months past 6 years since first delinquency, which is the law in the state I was in when I opened these accounts. It's 4 years in the state I'm in now, so either way, I'm definitely outside.
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Mar 7, 2012 14:11
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I can confirm that Midland is, at a minimum, shittybad at communication. I have attempted to get them to validate my debt for months now and I only get back form letters telling me they don't have enough information to do that. Hurp de durp. Edit: For the record, I sought verification through Equifax/Experian for Midland's poo poo and they both came back verified so... kinda still trying to figure out what to do about that now. Basically what I posted about last/this page.
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Mar 15, 2012 06:11
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| # ¿ May 7, 2024 21:11 |
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Unless someone jumps in after me and proves otherwise, what you want to ask for is essentially a Pay for Delete. First, I'd recommend against contacting them by phone anymore. It prevents them from getting your Irish up and you responding accordingly. Talk to them via Certified Mail; it's trackable, so they can't claim you didn't try to deal with them in good faith. Here's what I sent to a debt collector a while back; I believe it was based off a form letter I found after some Googling. Just fill in the particulars for your own case. quote:<date> I should point out that the place I sent my own letter to never responded at all (it's been nearly 2 months). So who knows?
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Mar 27, 2012 16:24
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