If a debt collector has done something illegal and I can't afford a lawyer- what do i do?

Question

I have a lot of debt and I haven't gotten a job since I finished school- I haven't answered when they call becasue they want me to make promises I cant keep.

A collector called my estranged father and gave him the amount I owe, my account number and she said they where going to get a judgment against me.

He is not on the account. isn't it illegal to tell him that info? I looked on the fair debt collection site and they said it was.
I can't afford an attourney- what should I do?

Also, If they get a judgment what does that mean for me?

Answer 1

Use your state's Attorney General!

Answer 2

What that debt collector did is extremely illegal. I worked in collections at a major credit card company. That's one of the first things you're taught to never do. The law that he violated is the FDCPA (Fair Debt Collection Practice Act). Contact the Legal Aid Society. They take on cases like this where the person is unable to pay for an attorney. Also, there is no way they're going to get a judgement on you without you knowing first. The truth is, the company is trying to scare you, because they know it will cost a lot for them to sue you. Unless you owe a ton of money, they'll never win enough to make it worth all their money and effort. What I would guess will happen is it will charge off, and they'll allow you to settle for a certain percentage of the original debt.

Another troubling question is why aren't you working yet? You need to be responsible enough to pay for the debt you have accrued. If you're just having trouble with finding a job even though you've submitted a lot of applications, have you considered the Army Reserves? There's this law for soldiers and sailors that says if you are going through financial hardship, any debt you have at all isn't allowed to have an interest rate higher than 6%. And, any debt accrued before you became a soldier is elegible for something really great. Any interest you have paid above 6% for the life of the debt will be refunded to you. So, if you have paid a lot of interest on a debt, you might actually owe nothing. It's just something to think about.

Answer 3

If you also note on the fair debt collection site, you can report abuse by collectors. If their abuse has caused you harm, then you can get a lot of the owed debt reduced. Now this really only works in specific cases such as: you were interviewed for a job, are called back and got the job, went to work and the first week, they started calling your boss. Directly from those phone calls, your boss fires you. You would be able to sue and dissolve that debt because they destroyed your means of paying them back.
Otherwise you're probably just going to have to go to a debt consolidation firm, or join the military. The Soldiers & Sailors civil relef act helps out many poor boys!! Ha!

Answer 4

a debt collector CANNOT obtain a judgment against you. You have to be sued first, that is you would be served a summons and complaint. In most states you have about 30 days or more within which to Answer that complaint, If you do not answer, a judge may well enter a "judgment," but believe me, this so-called 'debt collector' cannot just pluck a 'judgment' out of the air.
I can never understand why people think they are obliged to answer THEIR OWN PHONES. It is YOUR phone. You pay for it, and If you do not wish to speak to whoever is on the other end, no law says you have to. Tell your estranged father that he does not have to answer his telephone either, much less is he constrained to talk to these people! For that matter you can hang up on these people whenever you want. If they continue to harass you, there are some very good suggestions right here in Answers that tell you what other routes to follow.
These threatening telephone calls are strong arm tactics. Inform the debt collector that he/she is forbidden from calling you anymore. If they want to obtain a "judgment", they have to go through the courts to obtain one. And for that, they need a LAWYER. Most debt collection agencies already have an outside lawyer on staff so they can turn over the account to him/her at whim. But you still have time to prevent any further harassment.
Have you considered bankruptcy? What are your debts? Credit cards? Medicals? Car loans? Student loans? Child support? car repossessions?
If you don't know this, student loans are usually not dischargeable in bankruptcy;(meaning you have to pay them); child support is not dischargeable; and any taxes you owe are not dischargeable. Most lawyers (if they are any good) will give you a free consultation about filing a bankruptcy. If you are unable to pay your debts and want to file a petition for bankruptcy, by all means, consult one.
(You would want to talk to a lawyer about what is called a Chapter 7. That is, unless you own a home. If you own a home, you would discuss a Chapter 13. Under a Chapter 7, all of your debts are "discharged". You no longer owe anyone. It takes a while to re-establish your credit of course, but it is better than having a lawyer chasing after your assets including your wages,(when you obtain a job) etc.
A judgment stays on your credit report for 20 years. If you amass any judgments, an aggressive lawyer/s can place a garnishment on your wages, attach a lien on any property you own, and (something rather new), they can also petition the courts to place what is called a "FREEZE" on any bank accounts you have; in other words they can TAKE whatever money you have in any bank and hold it until the matter of how much you owe them is settled. They can't just take it and spend it. They HOLD it.
Btw if you decide on bankruptcy, never tell the debt collector that you have filed a petition. Just do it. Once you file, the Bankruptcy court will notify each creditor of your bankruptcy case number and then the creditors can never bother you again.
I wish you luck.
And of course if you decide on a bankruptcy, you would have to pay the attorney. I don't know where you live but you have to shop around for good bankruptcy attorneys. In other words, make sure they are familiar with the new bankruptcy laws which went into effect in October 2005. You can also shop around for good and experienced paralegals (which also exist) that are very knowledgeable and experienced in filing bankruptcies also. They also prepare bankruptcy petitions at rates that are cheaper than attorneys. There too, you must shop around..get some references

(and yes, there are two attorneys in my family..but I am not an attorney. and the answers here, including mine, are NOT legal advice. They are merely suggestions.)

Answer 5

Someone mentioned it but it is the Fair Credit and Collections Act, that this collector broke, and while you still owe the money, if you file a complaint you might be able to get money from them in the form of a fine. But trust me it is a hard and long process. Just pay your bills, or file bankruptcy.
Or send them $5.00 a month. This will show an attempt to pay and may hold off any legal action until you can get a better income situation.

Answer 6

You need to complain to the Federal Trade Commission who has jurisdiction over the FDCPA. He cannot reveal details of the debt to a third party other than your attorney or spouse. You could get a judgment of $1000. You could sue them in small claims court without an attorney, but the FTC is the place to start.

If they sue you and get a court judgment against you, the debt will be on public record and on your credit report as a judgment and gives them additional powers to collect such as attaching bank accounts or garnishing wages.

Answer 7

What you do is apply for free legal aid! All states have some type of Civil Legal Aid. You can get more information on how to apply from either the court clerk OR your state's Bar Association web page. If you are rejected, you usually work out a payment plan with an attorney near you.

Answer 8

There are rookie lawyers that take pro bono cases. You have to search out Legal aid in your area. Some meet with people once a month and see if they will take your case. Good luck. Just don't give up. Go thru the Yellow Pages and ask real Lawyers. You may get lucky. Have all your facts organized and leave emotion out of it. Go online to get legal advise I am not sure how but Google does all kinds of magic.
Best of luck.

Answer 9

i'm slightly puzzled at why a 19 twelve months previous scholar desires 4 distinctive economic company money owed. in spite of everything, it would be on your ultimate pastime to artwork out a charge plan with them. in case you do no longer owe it then bypass to court docket and tell your tale. The court docket won't care what you do in ordinary terms no count in case you owe the money. they'll make a determination based upon the information offered. in the event that they get a judgment then you definately won't in ordinary terms have added expenditures to pay yet pastime till paid. they might additionally garnishee your wages ought to you have a activity.

Answer 10

File a complaint through the state attorney general's office, and/or the Federal Trade Commission. They have web sites.

Answer 11

well FIRST of all how you get into the problem????was it you dad ??mother?? or YOU>>>??!!!seems you like alto of others spend,spend and spend thinking its all free...but seems you have hit the real world ....if you have got anything on credit give it up and GROW UP!!!!if you can not AFFORD IT....you DO not buy it...!!!you live live to the basic until you can get better....seems you have took all the next 20 years in one go.....stay away from DEBT>>>>cost you lots...and them NOTHING...plus if you used him as a person that would honour you debt,,,,your problems are just starting as will cost him as well....you did not look in to the things and stuff..YOU JUST JUMPED IN THE HOLE.get yourself out of it,,,,.....have fun..