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

It could depend on the state you are in, but my husband owed money and when we got our divorce the people he owed had taken a lien against our property. When the property was sold they collected their money from his half of the proceeds. If it really was a lawyer that was talking to you, he would have given the name of his firm and his name which could be checked. The time limit he gave makes me think he was trying to spook you into paying the whole amount. You usually get lower and lower offers until you only have to pay the principal amount without all of the fees and interest tacked on. Also lawyers tend not to have to scare people and normally send the information about the money owed in writing. I would bet he is just a normal bill collector and has used this tactic in the past and found it to be effective. If your wife really did owe the money you could put the property in your name only (note that my husband did this with his car because they told him that they could take it form him) and then they can't put a lien on it and take their money out of the proceeds when you sell it. They also can't take your home because it is her bill, unless your home is in her name only like my husband's car was. Note that you have to change the name of ownership of your home before an lien is placed on it. Also keep in mind that bill collectors hardly ever go to the expense of taking you to court because it eats up that much money to go to court which equals no profit for the work of collecting. The amount she owed is also to much for small claims courts in most states so that cheap alternative isn't open to them.

Answer 2

You are not in charge for the money owed of your spouse before you received married. The legal guidelines do fluctuate with the aid of every state so teach your self about the legislation first. Considering that the debt is still on her credit file, ask for the specifics about the loan like the fashioned amount of the mortgage, repayments made, if a default judgment was once entered. Ask the agency to send you written proof about this debt. I surmise that they're going to now not have the documentation you have got requested. Traditionally, if it is a debt that was once written off and later purchased through a secondary collection agency, you are not obligated. This assortment agency is making hollow threats to intimidate you to repay the loan. These types of secondary groups are a rip-off. They buy the unpaid loans on the secondary marketplace for pennies on the buck. So whatever they recoup from you is cash in their pocket. They are not allowed by legislation to threaten you. It's in opposition to the law. No official manufacturer would let you know that you've got simplest someday to pay an historical debt. They are not able to threaten to take your condominium. Legitimate companies determine a payment plan. Write a letter to the attorney common on your state and document the abuse.

Answer 3

I've been through this. When you married her it became your debt as well. Most likely they will take her to court and set up a payment plan or garnish her check if she works and can possibly garnish your check as well. I don't know if this stuff is the same in all states or not, but most likely he can't get your house. I finally filed bankruptcy, but the laws have changed on credit card debts since then. I would just try to work it out with the lawyer before they take you to court. They will tell you anything just to scare you. I had them cussing me and threatening me and everything. Good luck.

Answer 4

I am ashamed to say yes, but YES I know all about collection agencies....I am not sure if we are allowed to post a link to websites in these answers, so I am not going to post the web link right now.
I know this terrific website that helps your understand your rights as a debtor, and there is so much advice about how to deal with the debt collectors it is really helpful.....I am chomping at the bit to give you this link! LOL

I can tell you this though for sure....DO NOT TALK ON THE PHONE WITH THESE PEOPLE!! DO NOT STAY ON THE PHONE WITH THEM WHEN YOU REALIZE WHO IT IS, JUST HANG UP! DO NOT ACKNOWLEDGE IN ANY WAY THAT THE DEBT IS VALID, DO NOT TRY TO NEGOTIATE WITH THEM!!
In fact they cannot, AND will not sue you, (actually they cannot without validating the debt first, and 99.9% of collection agencies never validate a debt! they only try to scare you into paying!)
Don't be intimidated by them for a second....
Trust me, I know what I am talking about.....I am still clearing up a mess I created three years ago.......if I had listened to the words I just told you, it would not have taken me this long to straighten my credit out.....

Answer 5

It's probably just a threat. Collections agencies will resort to anything to get your money. I've had one call my friend before bugging them for me, telling them it was about "business". So they can sometimes flat out lie. What I do is I just tell the people they may call to say they don't know me, and that usually works. Collections agencies are on the same level as repo men. Nasty nasty people.

Answer 6

collection agency use any trick to scare and intimidate you, they are train to do this.
i never hear ,that over 3100 somebody will own peace of your house and this house do not belong to your wife.
tell them, that you don't wish to be contacted by them anymore and you will only speak with your original creditor and not with them.
check statue of limitation in your state ( in most is 7 years) maybe you don't have to pay them. of course they can take you to the court, but the only thing they will win is the judgment not actual money.

Answer 7

They are trying to scare you to get the money. Either make a payment arrangement, or they will garnish wages. don't take the threats to heart, they can't do it.

Answer 8

yes i hang up on them

Answer 9

dealt, received, owes, that's, too, don't, it's, occurred

Answer 10

i never was in that problem i would bi*ch her out