How can I settle with collection agency?

Question

I owe about $3000 to credit card company a few years ago. It went to collection agency, now they tells me I owe $6000. I tried to settle the debt with them. But They told me, they could ony settle with 80% of the debt and no payment plans for me.
I have 2 little ones now and one on the way. I just can't pay large amount at once.
Agency also told me that I have 30days ( I have 3day left until then ), otherwise It'll go to local attorneys office..

What do I do next? I don't want to get serve with a paper or have to deal as court.

Answer 1

This may just be a pressure tactic that they love to use.

Never talk to collectors on the phone. Do everything by mail so you have a record of whats happening.

Send them a debt validation letter tomorrow, send it certified mail return receipt. (create a papertrail)

They have to provide you with validation, from the original creditor, within 30+5 days after they receive it. (the +5 days is for return mailing)

Then check your states statute of limitations (SOL) to see if you are still within SOL. If you are out of SOL, you are not legally bound to pay them a penny.

Check out the free site I've listed. You will be able to find the SOL for your state, how to write a debt validation letter and how to deal with collectors.

Answer 2

I think at this point an attorney would be your best offer. If you send payment on the bill and they refuse it, keep the envelope the payment came in and ask for a written explanation of why they refused the payment. Any payment made toward a debt (any payment in any amount) must be accepted. If the company refuses then the matter may quite possibly be thrown out of court. I had a cousin who went through the same issue a few years back for a medical bill. She kept the envelope containing her check that had been returned. The judge through the case out. That might not be so in all cases, but that might help. Again I'd really suggest you seek out an attorney. Collection agencies get paid if they collect so they're thinking dollar signs and could care less what your financial situation is.

http://www.moneymanagement.org/Education/DearSusan/KB_Details.asp_Q_KnowledgeBaseTopicID_E_62

You might want to do a yahoo search for your state and "collection agency refused partial payment". You'll find tons of information.

Answer 3

Most credit cards (except Sears) are considered unsecured. I have never been served with court papers on an unsecured debt. Secured debt would be a loan with collateral (house, car, etc..) If you have the name and number of the credit card company, try giving them a call. Let them know the outside agency they referred the account to are unable to offer an acceptable settlement and/or monthly payment plan. I did this many years ago with a Visa account. The outside agency offered a 75% settlement, but the company that issued the credit card took 50%. Best of luck to you, and congratulations on your upcoming new arrival!!

Answer 4

You can wait it out 7 years and the credit companies, experian, equifax ect...have to remove it from your credit. You have to write them a letter however.

Bottom line is you didn't have the money then and you don't have it now. Ya can't get blood from a stone. Do not talk to them over the phone. Put everything in writing for instance the fact you want to make payments and they are refusing. This way if by some chance it goes to court you have proof you tried to work with them. Make sure you mail everything "Return reciept"

If this is a collection agency them may be bluffing and intimidating you by saying they are going to send it to an attorney and if they do so what. You will have your proof in writing that you tried to work with them and they were non responsive. end of story.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Answer 5

First thing you need to do is read over the "Fair Debt Collection Practices Act" to be up to speed on your rights.

For starters, they cannot threaten to take you to court, only their attorney can do this. There is a section pertaining to the validation of the debt as well. Look over these particular sections

§ 806. Harassment or abuse [15 USC 1692d]
§ 807. False or misleading representations [15 USC 1692e]
§ 808. Unfair practices [15 USC 1692f]
§ 809. Validation of debts [15 USC 1692g]

Than send them your variation of the following letter:

Name of collection agency

To whom it may concern.

After consulting with the Attorney General’s office and a private attorney, I have been advised to put you on notice.

In regards to CASE NUMBER: *******:


I contacted your office to resolve this matter and was treated to abusive language. As a direct result of my contact with your office, I was sent a letter by your office threatening legal action. I have also received numerous phone calls with intent to harass.

Under state collection agency laws (RCW 19.16) and The Fair Debt Collections Act (15 USC 1692) your office is in violation.

I do not wish any further contact from your office.

Sincerely,


Your name
Address

Collection agencies are not well loved in court either and most likely have performed an illegal act. Any good lawyer would chew 'em up and spit em' out.

Answer 6

It will go to court and then the judge will set up payments for you.. they will probably garnish your pay check that is if you work.. if all else fails file bankruptcy. from the sound of it your credit is already screwed up... so go talk to a lawyer which doesn't cost anything usually for your initial visit and get your options from him......

as far as your children go... collection doesn't care if you have 12 kids to feed all they want is the money you owe them... well that kid thing work with the judge...most likely not... go in with all the paper work that you have on your debt and let the judge know how much you can pay a month... take it from there...

Answer 7

YOU MAY NEED TO CONTACT A BANKRUPTCY ATTORNEY. YOU WILL HAVE TO PAY SOME $ DOWN TO START THE PAPERWORK BUT IT WILL AT LEAST STOP THE INTEREST THAT IS BEING ADDED DAILY AND STOP THE HARASSMENT OF THE CREDIT AGENCY.