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trudi29

Junior Member
What is the name of your state? NE

I have 4 credit cards that total about $20,000. 2, Capital One and Bank of America were turned over to collection agencies. Allied Interstate is handling Capital One, I owed $1400 on that one and have paid them $200 a month for the last three months. They are calling me because I am supposed to set up three more check payments with them. I am not taking their calls because they are verbally abusive and I have recently left my husband and am on my own. He is unemployed and pays no child support so I do not have the money to send them. I am willing to pay them $25 a week and sent them a letter to this effect, but they continue to harass me at work and at home. They are even calling me before 8:00 am on the weekends.What can I do about them?

I thought the BOA was taking $50 a week out of a checking that I had set up for it, I was receiving letters that they were depositing these checks every week until about a month ago, now they have turned this over to an attorney's office. I owe them $6000. I am willing to pay something on it but I cannot come up with any large amount of money right now until my divorce is final. I left the attorney who contacted me a message about this but she did not return my call. Will they accept payments?

I have been paying the other cards minimal amounts just to keep them off of my back but I am not sure how long they will accept this since I am so far behind.

What are my options? I have no money to give a lawyer for bankruptcy.
 


JETX

Senior Member
Your post shows that you may have two different types of companies contacting you.

The first is the original creditor. They do not have to comply with the FDCPA (Fair Debt Collection Practices Act) and can pretty much contact you at any time that they wish.

The second is (bottom-feeding, scum-sucking) 'debt collectors'. They must comply with the FDCPA. They are barred from contacting you before 8am and after 9pm your time.

So, lets take a look at your specific questions:
"They are even calling me before 8:00 am on the weekends.What can I do about them?"
*** If the contacter is a debt collector, document their call (company name, address, phone, date, time, etc.). Advise them that they are in violation of the FDCPA and that it has been noted and if they violate further or again, you will both file a complaint with the FTC and will take legal action.

"Will they accept payments?"
*** No one on this forum can answer for the creditors on whether they will accept payments or not. However, it is important that you realize that their accepting payments does not wiave their right to take allowed legal action (some think that as long as a payment is made, the creditor is barred from further action.... that is not true).

"What are my options?"
Regretably, your options are very limited. You can contact the creditors and advise them of your financial situation.... hopefully, they will realize that legal action wouldn't gain anything (other than a new SOL 'clock'). But you should be prepared for some of the creditors to take legal action, and to get judgment(s) against you.
 

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