Credit card collectors

[Mike DD]

What is the name of your state? FL.
I have had one credit card in collections for about 2 years now and have been making payments of what I could make, and never missed a payment, but now I keep getting thretining phonecalls about me refusing to pay, I can't pay the whole thing at once. they keep telling me to pay more or else or they need to speek to my layer. what can they do to me if I keep making payments? what is the worse that could happen? can they sue me for two thousand even if I don't have it? what are my rights? I just don't know what to do.

 

[bearfootball]

they won't sue you..you're one of the few that actually work with them. It's probably a cash flow problem with them, so they threaten you to get the money. Make it simple...tell them the next time they threaten you, you will stop payment. They'll stop.

BTW, I hope you got all this in writing. If not, then ignore my post, because you just donated to their fund.

 

[Mike DD]

they won't sue you..you're one of the few that actually work with them. It's probably a cash flow problem with them, so they threaten you to get the money. Make it simple...tell them the next time they threaten you, you will stop payment. They'll stop.

BTW, I hope you got all this in writing. If not, then ignore my post, because you just donated to their fund.

What happens if I tell them I will stop payment? what can they do to me?

 

[bearfootball]

they could sue you. I am not familiar with FL law, but if I were a betting man, MOST collection agencies won't go after $2K with a lawsuit (of course I will get a response from all the collectors on this board saying they would go after the money). If you only owe 2K, I would recommend paying off the debt.

Did you get this in writing?

 

[Mike DD]

they could sue you. I am not familiar with FL law, but if I were a betting man, MOST collection agencies won't go after $2K with a lawsuit (of course I will get a response from all the collectors on this board saying they would go after the money). If you only owe 2K, I would recommend paying off the debt.

Did you get this in writing?

as long as I give them something could they do anything, and they talk about the intrest owed on the ballance and that my payment is not enough to cover it, whats that about. what does the law say if you are paying something? what is the whole legal process of a collection agencie? what are my rights?

 

[bigun]

Mike,

Do you have a written agreement or not?

 

[JETX]

"as long as I give them something could they do anything,"
*** Yes. The 'old wives tale' about them not being able to pursue you if you make ANY payment is just that.... BS.

"and they talk about the intrest owed on the ballance and that my payment is not enough to cover it, whats that about. "
*** Simply, your debt is still incurring interest as allowed by the contract. And apparently your minimal payment may not be keeping up with the interest being charged every month. If this is correct, you will never get this debt paid.

"what does the law say if you are paying something?"
*** If you are in breach of the repayment agreement (contract), the creditor can file, and very likely get, a judgment against you.

"what is the whole legal process of a collection agencie?"
*** You breached your contract with creditor. Creditor tried to collect on the debt internally. Didn't work. He then assigns the debt out to a 'professional' third-party collector, who tries to get you to pay. Pretty simple.

"what are my rights?"
*** You have the right to any credit 'hit' on your profile being accurate (as provided by the FCRA). You have the right to not be abused by the third party debt collector (as provided by the FDCPA). Pretty simple.

 

[bearfootball]

Mike,
Please read this....

DO YOU HAVE ANYTHING IN WRITING?

 

[webmistress]

Don't Despair

If you are dirt poor and own no house, car or job and are living on social security, TELL THEM THAT because there isn't much they can do to you. Pay them nothing and take care of yourself.

If you do own a car or house or have a job, they COULD (although not highly likely) sue you and then try to collect the judgment from your bank account or wages or lien your house.

Suggestion: If you have some money to pay them monthly, then make an agreement with them IN WRITING that says if you pay $__ per month, every month, they will not bother you and they will not add any charges to your account except interest at ____%.

(Make sure (a) the amount you are paying is more than the monthly interest (OR LOWER THE INTEREST) and (b) the person making the deal with you is an employee of the company you owe the money to (put the deal on the company's letterhead)).

If they won't agree, unless you expect to get a big pot of money soon, there is little point in continuing to pay less than the monthly interest, because the amount you owe will continue to climb and they'll eventually sue you anyway.

 

[savemart55]

As an ex collection agency manager I would suggest that you do nothing but continue to pay them as you have been. The reason that you are being called is simply that you talk to them. Many collectors are just mean spirited and get off on harassing people. I never approved suing anyone who was making reasonable payments. Just keep your responses short. Collectors on salary need to look busy. You help them do this.

 

[Ladynred]

The fact remains that the CA is not obligated to accept anything less than the full amount - hence their stepped-up pressure to try to make you pay it all or increase your payments to shorten the time it takes you to pay if off.

As the ex-CA manager noted, they love to use pressure and scare tactics - that's the name of their #1 game. Their typical line of 'refusal to pay' is deliberately meant to aggravate you, since you clearly ARE paying - just not what THEY want. Too bad.. so sad.. big bad collection agency can't get thier way.

The bottom line is they CAN sue you.. whether or not they actually WILL is another question -- which no one can really answer.

It is usually quite pointless to talk to any collector who talks over you, shouts at you, harrasses you, or any other myriad of UNprofessional pressure tactics that break the law. Its a waste of your time and energy. Besides, they will never abide by any verbal 'agreements', they have very convenient amnesia in those cases. Stop talking, start writing letters and send them certified so you have a paper trail.

 

[Mike DD]

The fact remains that the CA is not obligated to accept anything less than the full amount - hence their stepped-up pressure to try to make you pay it all or increase your payments to shorten the time it takes you to pay if off.

As the ex-CA manager noted, they love to use pressure and scare tactics - that's the name of their #1 game. Their typical line of 'refusal to pay' is deliberately meant to aggravate you, since you clearly ARE paying - just not what THEY want. Too bad.. so sad.. big bad collection agency can't get thier way.

The bottom line is they CAN sue you.. whether or not they actually WILL is another question -- which no one can really answer.

It is usually quite pointless to talk to any collector who talks over you, shouts at you, harrasses you, or any other myriad of UNprofessional pressure tactics that break the law. Its a waste of your time and energy. Besides, they will never abide by any verbal 'agreements', they have very convenient amnesia in those cases. Stop talking, start writing letters and send them certified so you have a paper trail.

if they do try to sue you what process do they do?
does a judge look at your income to see what you can afford to pay?
what does a judge do if your bills are more than your income?
would they rather get small payments from you or go to coart to find out that they are only going to keep getting small payments because you realy don't have any money?
so my choices are pay them off or keep making payments and put up with their bs?

 

[Ladynred]

if they do try to sue you what process do they do?

*** The file a lawsuit at your local courthouse. You are then served with a summons. You have answer that summons and hopefully get a court date or they get an automatic win and a judgment. Once they get the judgment, they will try to enforce it - make you pay. They can garnish wages (unless your head of household in FL), sieze bank accounts, sieze non-exempt assets.



does a judge look at your income to see what you can afford to pay?

*** Not usually. However, in some states you can ask to pay a judgment in payments in lieu of garnishment (check FL laws) and in that case then your financial status would be looked at by a judge. You can also usually appeal a garnishment and possibly get the amount reduced due to hardship.


what does a judge do if your bills are more than your income?

** Simply, the judge doesn't care or get involved unless you do as noted above.


would they rather get small payments from you or go to coart to find out that they are only going to keep getting small payments because you realy don't have any money?

*** Depends on what you owe and what you're paying. Most CA's don't want to have to collect for years, most want payment, in full, in 90 days max. Some will go longer, but that seems to be the exception rather than the rule.

so my choices are pay them off or keep making payments and put up with their bs?

*** You do have rights under the FDCPA, so you should learn what the FDCPA says. You can find the Act at www. ftc.gov under Consumers, Credit, then scroll down until you find FDCPA. That can put a halt to some of their BS. You can send them a limited cease and desist to stop calls and limit their contact with you to mail only.

 

[JETX]

And one more reason that a creditor may decide to take legal action is the approaching SOL expiration. If you are getting near the end of the SOL, the creditor will often file a lawsuit to get a judgment.... with a new and much longer SOL.

 

[Mike DD]

And one more reason that a creditor may decide to take legal action is the approaching SOL expiration. If you are getting near the end of the SOL, the creditor will often file a lawsuit to get a judgment.... with a new and much longer SOL.

What is SOL? and what can you do about it?