i need to interact with someone who knows collection agency law.?

Question

Second time around in asking this site. Ive stopped talking to the creditor. Should I still make my 35.00 monthly payments and not the increase per the collection agency. I don't want to hear how I should pay my bills, etc. I am paying them. Believe me I know. Just some info from those who know or have been there. Thanks

Answer 1

Noah, a person can legally make a CA stop calling and send their correspondence by mail without sending a full C&D.
It comes straight from the FTC's mouth, and the word is - inconvenient.
If a person "writes" to a CA stating that phone calls to their home or place of employment are inconvenient and that all future correspondence must be done by USPS - the CA must assume that to be true and comply.- read § 805. [15 USC 1692c] (a) (1) (3)

Other than that, I agree with you that a full C&D should never be sent while still within the collecting SOL. (And if a person is past the collecting SOL, the C&D should be sent along with a SOL letter)
I also agree that there is not much info to go on.


Crazzynannie - Do you have anything in writing from the CA claiming they agree to receive $35 per month and on a certain date of the month?
If so, keep up the payments and file complaints with the FTC, your AG and the CA's AG for their violations and harrassment.
If the agreement was verbal, you have no proof that they agreed to anything. (but you can still file the complaints)

Have you ever requested validation of the debt? If not, you should.

You should also check to see where you stand on the collecting SOL for your state.

I'm assuming this is a credit card debt(?), if so -

The collecting SOL either starts the first time a person becomes 30 days late and never brings the account current leading to the charge off with the original creditor, or, from the last payment or charge made to the account before the charge off with the original creditor.

I see nothing, so far, in Mo. statutes that states the collecting SOL would be re-set if payments are made to either the original creditor or a collector AFTER an account is charged off.

Credit cards fall under open accounts and in Mo. the collecting time limit is 5 years. If the credit card was a store card, in Mo. the UCC may possibly be used for a 4 year collecting SOL


Without knowing more of what you are dealing with (type of account, where you stand on SOL, etc., etc) it makes it extremely hard to be able to help.

The site that SCH listed is a very good "free" credit discussion board. I also have a link listed in my profile (the last link listed) to another great "free" credit discussion board.
I would suggest that you at least go to one or both sites and do some reading. Feel free to ask any questions you might have in the Credit Forum sections on either/both board(s)

Answer 2

It's kinda difficult to answer as there are a number of details missing. A few questions come to mind.

How old is the debt?
Are you out from under the SOL?
Did you ever pay anything to the collection agency (CA)?
Do you have anything in writing from the CA?

Contrary to what some may think, you cannot prevent a CA from calling you at home. There's absolutely nothing in the FDCPA which allows for this, but anyone is free to have a look.

http://www.ftc.gov/os/statutes/fdcpajump.shtm

You can do a C&D, or cease and desist, and they will stop calling and writing. However, know what you're doing before you send a C&D. If you C&D, and you're still within the SOL (Statute Of Limitations), you have all but assured yourself of being sued by the CA.

SOL is not the same thing as CRTP (Credit Reporting Time Period).

Answer 3

You can continue paying the $35/month, but that won't necessarily keep them from sueing you or harrassing you.

If you stop paying all together they for sure will sue you, so I don't know if I would quit paying.

Unfourtonatly you don't have a lot of options because by paying you are admitting you owe the money, so even if they did take you to court they have a good case. If it were me I would continue paying and start talking to them again, if you are honest about your liabilities and bills they should work with you. You don't say what the debt is...some creditors are easier to work with then others.

Have you considered credit counseling...the way it works is the credit counselor arranges a payment plan...the creditors usually accept the plan because they know the credit counselor will direct debit the money from your checking account and pay them directly, so it is a much safer option for the creditor to accept the counselors plan as opposed to your plan.

Here is a really good site for dealing with creditors, it has really helped me :)

http://www.creditinfocenter.com/rebuild/

Answer 4

You do not have to "talk" with them. Mail them a certified letter stating that they cannot contact you anymore by phone (home, work, through friends, relatives, neighbors, etc) and that all contact with you must be by mail to an address specified by you. The Fair Debt Collection Practices Act (FDCPA) protects you from harassment by debt collectors.
Do not give them any information on your bank accounts. Bill collectors have been known to empty them. Do not sacrifice necessities (food, utilities, housing, etc) to pay a bill collector. Pay only what you can afford.
The best to you.

Answer 5

If you have already stopped paying on them, but want to continue so you can get rid of debt, you may want to consider settlement. I work for the biggest one in the nation, I may be able to help.

As far as getting them to stop calling you can write a 'cease and desist' letter and that is a legal from of getting them to stop calling.