has anyone delt with a collection agency?

Question

Hello. I recived a call from a nasty little man looking for my wife last week. i told him she is not here, he then told me that i am a lawyer and she ows me money now. I told him how, he went on and told me that she quit paying on a capital one card 5 years ago thats 3100. I said i have to discuss it with her, he said to late you have till the end of the day. He also told me it looks like the 2 of you own a home, if you dont call me i will take you to court and part of your house will be mine. I did talk to my wife a day later and pulled up her credit and its there. Now can they do this with the house. this debt occured before we got married or bought a house

Answer 1

Aren't those collectors little stinkers?

If what you said was accurate, this "attorney" has already broken at least 3 laws in the Fair Debt Collections Act.

1) They are not allowed to discuss other people's debts with 3rd parties, and that includes the husband (unless you are a co-signer).

2) Threatening to do something he can not legally do (take your home)

3) No written notice of intent to collect a debt.

Each of these could be sued for and you can receive $3000. Keep that in mind if you make it to court. Consider calling this guy back, and have a recorder on the line to tape this nonsense.

Can they take your home? No, for this amount of debt, the very most they can do is place a lien against it. More likely, they will go after your wages or bank accounts.

Being that the debt is 5 years old (you claim) you may be over (or close to) the Statute of Limitations. The lawyer knows this, and knows if he doesn't file a lawsuit soon he can't collect. That is why he's being so "heavy handed".

Look at your credit report and see what the reporting date is. Note this can be wrong, so if you can find some old bills to verify when the last payment/charge you made was, it's very important.

Look at the link below....it discusses what the SOL is, and has a list of each state's time period.

If you need more help contact me.

Answer 2

You are not responsible for the debts of your wife before you got married. The laws do differ by each state so educate yourself about the law first.

Since the debt is still on her credit report, ask for the specifics about the loan like the original amount of the loan, payments made, if a default judgment was entered. Ask the agency to send you written proof about this debt. I surmise that they will not have the documentation you have requested.

Generally, if this is a debt that was written off and later bought by a secondary collection agency, you are not obligated. This collection agency is making hollow threats to intimidate you to pay off the loan. Most of these secondary agencies are a scam. They buy the unpaid loans on the secondary market for pennies on the dollar. So whatever they recoup from you is money in their pocket.

They are NOT allowed by law to threaten you. It is against the law. No legitimate company would tell you that you have only one day to pay an old debt. They cannot threaten to take your house. Legitimate companies work out a payment plan. Write a letter to the Attorney General in your state and report the abuse.

Answer 3

This man is scum! Don't pay anything! If you pay now, the delinquency will become updated and look more recent. Thus, lowering your FICO score.
Check with your state's collection laws to see if they're over the statute of limitation to collect the debt. If they're not over the SOL, check on what wages/property they can claim to offset the debt.
If they're over the SOL, write them a "Cease and Desist" letter. And if they try to sue, don't ignore them! Tell the court they're over the SOL. If you don't, they can and will get a default judgment, whether or not the SOL has expired.
By federal law the Cap One acct. will fall off her credit report in 7 yrs.

Also, the Fair Debt Collection Practices Act clearly states that no collection agency can:
falsely imply that they are attorneys or government representatives
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
take or threaten to take your property unless this can be done legally
If you believe the debt collector violated the FDCPA, you may sue them. You can also report them to the FTC and your state's Attorney General.

Answer 4

Unfortunately I have dealt with collection agencies, for the most part they are quite rude and intrusive. I have gotten to the point where I won't even deal with one if they are being a prick, and that is putting it lightly.

In fact I dealt with one the other day that asked me if I could pay and when I told her that at this current time all of my income is only enough to cover my necessary bills, she got really nasty and said something like "why would you knowingly rack up the charges on this card if you weren't going to pay it?" So I got mad and told her that she just asked me a stupid question, I told her that at the time I had every intention of paying it and that things happen. Then she proceeded to get loud and that is when I told her to f off and hung up.

I only deal with the creditors that don't get rude with me and try to deal with me rather than strong arm me. Just because I made a mistake doesn't mean that I need to be treated like some piece of scum, I do the best I can to try and pay something to these ones that don't treat me like crap.

Answer 5

you're no longer in charge for the bills of your companion earlier you gained married. The legal rules do variety by each and every state so practice your self regarding the legislations first. pondering the reality that the debt remains on her credit report, ask for the specifics regarding the loan like the formed quantity of the loan, payments made, if a default judgment develop into as quickly as entered. Ask the organization to deliver you written evidence approximately this debt. I surmise that they're going to now no longer have the documentation think ofyou've have been given asked. traditionally, whether that's a debt that develop into as quickly as written off and later offered by way of a secondary sequence organization, you're no longer obligated. This sequence organization is making hollow threats to intimidate you to pay off the loan. a number of those secondary communities are a scam. They purchase the unpaid loans on the secondary marketplace for pennies on the dollar. So despite they recoup from you is money of their pocket. they are no longer allowed by legislations to threaten you. that's in opposition to the regulation. No sturdy producer could help you recognize which you have have been given have been given easiest sometime to pay an historic debt. they are no longer waiting to threaten to take your residence. valid businesses ascertain a fee plan. Write a letter to the legal professional common on your state and document the abuse.

Answer 6

i my self have been having quite a few debt collectors calling me.. the best thing to do is get a hold of your states better business bureu (sorry spelling is off) and find out what the spacific laws are regarding both the issue of him harrassing you as well as the debut laws for being married etc.

Answer 7

tell the little nurd to get a real job. the only people that work for collections agency are lousers. 5.00 bucks hr.

Answer 8

did you get his name?

the name of the agency he is calling from?

phone number?

unless you have proof that the call was legitimate, ignore it...

but you should look into the unpaid capital one problem, if it does, indeed exist.