My fiance is in DEBT...How do we get out!!??

Question

My fiance is being sued by a company he owes money for. The total is: $3684,66 dollars. He called today and he offered to pay $50 bucks a month. They told him that they would not take it. They want him to pay either $552.00 down then $185.00 a month....OR $225.00 a month!!! And the interest rate goes up a dollar a day!!! It will not freez!! What the hell?? They will not take his offer. Only their offer stands. What are we going to do?? Im desperate to find answers. I don't want him to end up in jail......What soultions can we take that we can trust? I looked online for debt solutions...but what companys are true to their word? Why do we live in a society where you go to find help...all companys want to do is screw you over...Is this actualy legal what these people are trying to do to my fiance?? Not taking his $50 dollar a month offer and wanting him to pay 185 or 225 per month instead?? Will he go to jail if he doesnt pay up? How can he be forced to give up money that we don't have?

A collection agency is the cause of this particular debt problem. He owes more from other companys, but this one in particular is what's giving us problems. This is all from 3years agao. He spent all this money on a wonam that didnt desrve it, and now its biting us in the ***...I appreciate everyones answers greatly.

A collection agency is the cause of this particular debt problem. He owes more from other companys, but this one in particular is what's giving us problems. This is all from 3years ago. He spent all this money on a woman that didn't desrve it, and now its biting us in the ***...I appreciate everyones' answers greatly.

Answer 1

hi, these links seem to help people in trouble, hope they do the trick for you!
http://credit-cards.ebookorama.com
http://finance.ebookorama.com
http://credit.ebookorama.com
http://credit-repair.ebookorama.com
good luck dude.

Answer 2

I am a lawyer who handles bankruptcy cases in Massachusetts. Your fiancee will not go to jail unless he fails to appear in court, and even that's not always the case. There are no debtor's prisons in the United States. It sounds like you're dealing with a less-than-nice collection agency that works by intimidating and threatening the debtors. Luckily for you, all they can do is ring bells and sound serious -- it's all talk. There is a specific set of rules that they must follow under the Fair Debt Collection Practices Act -- a Federal Law -- and if they violate these rules, they are in far deeper trouble than your fiancee.

The most this agency can do is file a lawsuit against you, but doing so is expensive for them, takes a lot of time, and the amount may not even be worth it. If they do file a lawsuit and succeed (ie obtain a judgment), then each state has a procedure for how a judgment may be collected. Options usually are to levy owned property (home, car, etc) or garnish wages from each paycheck. However, if things get this far, the court is in the picture, and a payment plan closer to what your fiancee is able to afford will likely be established.

No one can make you pay money that you do not have.

Good luck.

Answer 3

Sounds like the company sent this bill through a Collection Agency. What these companies do is purchase debt from companies once they have written them off. These companies then do whatever it takes to try to get payment for a debt owed. The company is probably not the one going after your fiance' its the collection agency. They want to make a profit off their investment. What they say and do are two different things. They, first of all, can't make you pay $1 day interest, that's a scare tactic to get you to pay what they want. 2nd They can't put him in jail, but they can ruin his credit. If they can't collect they will sell your account to someone else who thinks they can. I've had some clients let them know what they are doing is illegal and reported them to the attorney general's office. Most of the time the collection agency calmed down and talked like sensible people. Usually if you work at it you and the agency can come to common ground so that both of you guys can be happy and get the debt paid off. Ask them what is the least they would accept and negotiate from there.

Answer 4

He will not go to jail for not paying a debt. Being sued, means the company has actually filed a lawsuit in court and served it on him. If he's really been sued, he should consult a lawyer. Sometimes people get "attached" for not showing up at a set hearing, where they've been served (received notice), and the court finds them in contempt. But, a lot of times people think that they are being sued, and they are just being threatened with a lawsuit. It sounds to me like this company is trying to bully you. It is legal for them not to accept the offer of $50 per month. You are right that there are "companies" out there, especially on the Internet, that will rip you off - while offering to help you.. Consumer Credit Counseling is one of the reputable ones that you can try. A lot depends on what State you are in because the collection laws vary by state. For example in some states, wages can be garnished (after a lawsuit) but not in others. There are also Federal Laws that protect you. The Fair Debt Collection Practices Act may apply to your case. The collector is not supposed to harass you and there are limits to what they can do. Maybe do a search for "Fair Debt Collection" on Google. Otherwise, maybe get a consult with a lawyer in your state. A good bankruptcy lawyer would advice you, not to file bankruptcy on that "small" an amount of debt, and give you advise on how to deal with the debt collector. They may even have a free initial consult. There are lots of lawyers in the yellow pages. Hope this helps. This is not meant as legal advise, just offered as free suggestions.

Answer 5

Fortunately, we don't have debtors prison in this country, so he cannot be put in jail for failing to pay debts, unless there was some fraud or other criminal activity involved as well.

If it is in collection than the collection agency is getting paid a percentage of what they collect. So it is in their interest to get him to pay the full amount. At this point I would guess that he is in other financial difficulty as well otherwise this would have been taken care of.

They have no real recourse to do anything, especially if his credit is already wrecked. I would tell him to either negotiate the amount down to what he thinks is fair and can afford or to pay nothing. If he does nothing and does not pay them, then in 7 years it will be off of his credit report, but that is if he doesn't pay them a dime in the next 7 years, otherwise if he does pay them something they can renew the credit reporting as the account has changed.

If he negotiates the amount down I would have him do that on contingency that the companies involved will not respond to letters he will send to the credit reporting agencies challenging the validity of that or other derrogatory accounts.

By filing disputes with the credit reporting agencies he will probably be able to clean up his credit.

Search on some consumer advocate sites for how to repair credit.

Last piece of advice, don't get into a relationship with someone who can't control their finances.

Answer 6

I don't know about the jail stuff, I'm not a lawyer. If he is grown up enough to be someones fiance then he's grown up enough to own up to his responsibilities. Look at it this way, do you want him walking away from his responsibilities as a husband and later a father? Where does that leave you? Is it ok then?

Its not ok now, and yes they can refuse his $50 and demand what is rightfully theirs.

I would do two things, look for a debt counseling company in the phone book, or online, that is NON-PROFIT. There are several groups out there who are there to help you get out of debt and they don't make a dime off of you. The other thing is that he needs to get another job to pay off this debt. That's not a huge amount and he could work two jobs for 6 months and put all of the second job's income to paying off the debt, then quit.

Grown up men take responsibility for their actions. Tell him to do the right thing and take care of his debt.

Answer 7

Consumer Credit Counseling Services is a non-profit debt management program that will help your fiance' to get out of debt over a 4-5 year plan, reduce interest charges, and get his fiances in check. They offer a free initial consultation. The company he owes can force him into bankruptcy but cannot put him in jail for debt. You do not want to go with any of the online debt solutions programs... many are scams. The last thing he needs is to give out personal data (name, address, ss#, birthdate, etc.) to an unknown website. It's time for professional assistance... Check out Consumer Credit Counseling Services, not an agency with a similar name.

Answer 8

First, you need to know that there is no law that compels collectors to accept your payments or payment offer or agreement letter.

Second, recognize that negotiate with collectors on the phone is difficult at best because they are trained to control the conversation. Unless you are a very skilled negotiator, you'll only end up angry, scared or frustrated.

Third, always check the Statute of limitations on debt collection BEFORE making any payment offer.

If you want to make a payment offer, PUT IT IN WRITING! That way you and the collector have a record of your "good faith" effort to resolve the issue.
Using letters becomes extremely important if you have to defend your actions in court. Judges want to see what you have done to take care of the debt and written payment offers are strong evidence of your good faith.

When collectors first attempt to collect they can be very aggressive and may refuse to cooperate! They are trained to only accept certain types of payments such as full payments, post-dated checks, electronic payments and so forth. Send your payment offer in writing and let them accept or decline your offer. If they accept, you'll probably never receive anything in writing that says they accept your plan so add this line to your offer letter:
"Please note that accepting (cashing) this payment constitutes a payment agreement between us according to the terms outlined above."

KEEP ACCURATE RECORDS! Keep copies of every letter you send and everything they send including the envelopes.

Answer 9

First, try calling back and asking a different customer service rep, or demanding a manager...maybe you can get results.

Second, ify ou have their mailing address, it might be a good idea to send the $50 payment (and retain proof-- like, the other half of the money order that detaches-- then if they take you to court, you can prove you had good intentions and did your best.

WORST case scenario is they take you to court and get a judgemetn and then garnish your wages...but this is extreme and its a lot of hassle.

maybe if you show them you've been paying the $50 and that's it, they'll relent. or maybe after a few months if you say, you can increase it to $75 if they cut some of the fees, they'll negotiate. who knows. You dont have a ton of choices, unfortunately.

Answer 10

I personally would stop making the payments, let them take you to court and then the interest should freeze, and your boyfriend would only have to make installments he could afford back. that's how my friend got out of it. she was constantly struggling to pay the money back to find out she was only paying interest, so she stopped paying, they took her to court, froze the interest and worked out how much she could afford I think at the time it was £3.50 a month instead of £295 a month as she lost her job. but when she got new job she still only had to pay £3.50 a month as it went through court. I dont know if this would help you but good luck. PS make sure you have it in writing what you are willing to pay back ask 4 a reply from them, then wait a months then stop and write again saying there is no way you can afford to pay this amount. dont pay it. courts saw she had tried but did not earn enough to ever pay it back. it took her 10 years to pay it back. that worked for her. good luck with what you decide to do. its not nice being in debt but dont truly worry it does no good only make you ill. you cant do nothing now, you cant afford to pay it back, go to court, give the courts a sum you can afford to pay. I dont think he will go to prison as legally he has offered to make a lower payment but have it in writing.

Answer 11

Hannah Montana is the shizapples. She's humorous and spunky, and by no skill in the cliche' teeny boper form of way, she's like a sparkling Sarah Silverman. Or Amanda Bynes. yet you took funds out of your wedding ceremony fund? you would more desirable helpful be taking her...hell, bypass up the weding, and carry the reception on the live performance that could want to artwork... good day, is this a roam question? you do not ought to admit it right here, digital mail me, i need in no matter if that is...