hello i had a credit card charged off 4 years ago i did not have any means of paying it. the company said we are just charging it off. i get a call from a collector friday telling me i have to pay 2400 today. I dont even have a fraction of that money, we just had a baby and are living on ends meet after our mortage payment. I told this guy this and he said "tuff buddy." If you do not pay 2400 today i fill file the court papers today, then they will force you with wage garnishment. What should i do, no equity in our house, she cant go back to work yet complicated pregnecy. i have never recived any contact from this agency till now.
2006-07-30 14:14:17 · 12 answers · asked by tom d 1 in Business & Finance ➔ Credit
You should find out what the statute of limitations (SOL) is for your state.
Whatever you do, DO NOT send a FULL cease and desist as another poster recommended. That could push them into filing instead of just sitting on it.
Send them a debt validation letter and send it certified mail return receipt. If they are reporting on your credit reports, when you get the green card back, file a dispute for the tradeline they are reporting. Pick out one or two violations and use them for your dispute. If they verify it with the credit bureau before they validate with you, that is a violation.
If they are violating on your reports, that plus their verifying before validating could get "you" a nice bit of pocket change from "them". Which could be up to $1000 per action or up to $1000 per violation (ka-ching) depending on which court you would file in.
If you don't feel like suing them for the violations, they come in very handy for counterclaims if they should sue you.
I would suggest checking out the site I've listed. You will be able to find your SOL, learn how to write a debt validation letter, plus do some reading in the newbie forum and the credit forum and learn your rights.
Everything on that site is free to read and use.
2006-07-30 19:47:32 · answer #1 · answered by echo 7 · 0⤊ 0⤋
Don't pay anything until they send you something in writing. I have never had a situation where a creditor contacted a borrower and demanded payment over the phone on an old account. If they garnish wages, then you can file a harship deferrment....but we may be getting the cart before the horse. When, and IF you do receive a court summons, you will probably have at least 30 days before the court date which is plenty of time to hire an attorney to take your case. See if there is a Legal Aid office in your city, they offer very low cost legal advice.
Sometimes, collectors "buy" old accounts and try to bully people into paying. Sometimes companies don't keep good communication with their collectors and don't tell them when something is paid, or cancelled. Maybe you will be able to work out a legitimate payment agreement IN WRITING with your creditor.
2006-07-30 14:23:36 · answer #2 · answered by Jennifer W 4 · 0⤊ 0⤋
I would contact a lawyer as soon as is possible. Many states actually have legal assistance available for people who are suffering from financial hardship. You can look up Legal Aid in your local phone book. Many lawyers are obligated to do some work pro bono (for free) as part of their work. I do not know enough about the laws in your area to give you an honest answer. You may also be able to look up some of the rules and regulations about accounts that have been charged off. I would think that any reputable company should let you make arrangements to pay what you owe off a small amount at a time. Best of luck to you, Best wishes to you and your wife and congratulations on the new baby!! God bless you all!!!
2006-07-30 14:27:03 · answer #3 · answered by Sue F 7 · 0⤊ 0⤋
You have a serious problem. There are "paper buyers" who work uncollection accounts. They pay a company, say, five cents on the dollar for their past-dues and uncollectables and then try to make a profit from strong-arm tactics on the former "owers".
If you got a "charge off" in writing you are relatively safe. If you did not, you have, again, a serious problem. And your situation suggests you don't have money to defend yourself with hiring a shyster--excuse me, a lawyer.
I don't know the solution for you. Try contacting your state bar association and ask if they have any pro bono lawyers available for this sort of thing. Those are lawyers who give a part of their time to the community for various reasons--tax write-off, goodwill, Christian service to others. At the very worst, the court in which you are used will appoint an attorney at state expense to defend you if you are truely destitute.
The thing against that is that you MAY fall into small-claims court where attorneys are NOT used and it will be you against this rat, and HE knows all the tricks.
Sorry to not be a happy for you but at least you are now somewhat better aware of what you face.
2006-07-30 14:25:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The collection agency is trying to intimidate you. When they contact you again get their address and send a certified letter demanding they cease and desist from calling you. If they call they will be in violation of federal law. You will never get another phone call until the account is sold to another collection agency..then just repeat the process with another letter. Eventually they will offer you a settlement figure to pay this account off...offer them 4 or 5 hundred and they will take it and clear your credit. Don't get an attorney unless you are served with a legal action. I doubt it will ever happen because of the small amount involved.
2006-07-30 16:40:38 · answer #5 · answered by Michael_Pro 2 · 0⤊ 0⤋
Hopefully you have the charge off paperwork. This is their job. They get downright evil. I used to have that happen until I decided wasn't gonna let them push me around. Call the credit card c company. I filed for bankruptcy in 2003 and I still get bills from either original company or collections and I just verify info from paperwork. Good luck.
2006-07-30 23:21:20 · answer #6 · answered by broncos2006 2 · 0⤊ 0⤋
Tell them to kiss your ***. What company is this if you don't' mind me asking. I have only known one company ever to really take you to court and that was Sears. They r just trying to meet there quota like a cop does writing tickets. They can't get blood from a rock. I went through this many years ago. You only have 3 years left and it will go off your credit. ]
Get caller ID or really answer and tell him to screw off.
I am sure these people just recently bought your account.
:) Smile it really not that bad. Things do get better I PROMISE
2006-07-30 14:20:32 · answer #7 · answered by jodi_lynn_124 2 · 0⤊ 0⤋
Tom,
They will not, they will just scare the crap out of you. Once they send something in writing then take it to a lawyer. Get a low cost one/public they will send some letters out. They will one get a affordable payment plan for you. or they will get it dismissed on the basis of threatening you with court papers.
good luck---its just money you have your wife and baby.
2006-07-30 15:40:34 · answer #8 · answered by sarah a 2 · 0⤊ 0⤋
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2006-07-30 14:23:36 · answer #9 · answered by pattibcacl 6 · 0⤊ 0⤋
buy a nice court outfit.
2006-07-30 14:17:41 · answer #10 · answered by steph 3 · 0⤊ 0⤋