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Credit Card Sent To Collections

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KLAchemist

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? OH

I am new here. If anyone can offer any advice on this matter I would be most grateful. My husband was unemployed for almost one year before we were married and had to negotiate a payment plan for his credit card that was past due. For one year he paid a monthly payment via automatic check deduction from our checking account and the last payment was made the last week in July. The first payment after the payment plan ended should have been made August 26 but I lost my job in June of this year and we have struggled financially ever since. We have been unable to make another payment on this credit card account until this month (November) but we intended to pay the past due amount IN FULL by the due date on the statement. We received a statement in the mail at the end of October that said "your account is now 3 payments past due please call to discuss payment options." The DUE DATE on this statement is listed as NOVEMBER 24 and today is only November 22. Last Friday my mother in law got a message from a collection agency mentioning the word lawsuit. When my husband called back he found that his credit card had been sent to a collection agency before the due date on the statement and before it was 120 days past due. They said the account is "prelegal" and we have no idea what that means. What does this mean? We have received NOTHING WHATSOEVER in writing from this collection agency but they say that the account will proceed to "legal" collection if they dont receive a payment of 1250 by November 29. What do we do here? Do we go ahead and pay the past due amount on the statement from the credit card company that is due the 24th on November and send it directly to the credit card company via express mail? What do we do about the collection agency? As mentioned above, we have received nothing in writing, not even an initial contact letter. The collection agency wants a postdated check. We can't afford the 1250 by November 29th, but may be able to borrow it. However, we would rather work out a settlement and pay over the course of a few months. Will paying by the 29th avoid a more negative mark on my husband's credit report than waiting? Please help. If at all possible we would like to avoid "charge off" on the credit report. However, we have very little time and dont have anything in writing. The credit card company refuses to deal with us. Any help would be appreciated. Thank you!
 


Ladynred

Senior Member
We have been unable to make another payment on this credit card account until this month (November) but we intended to pay the past due amount IN FULL by the due date on the statement. We received a statement in the mail at the end of October that said "your account is now 3 payments past due please call to discuss payment options." The DUE DATE on this statement is listed as NOVEMBER 24 and today is only November 22.

Well, they may have jumped the gun by a couple of days, but its still past due and they can send it to collections any time they want once you defaulted, and they do not have to notify you.

Last Friday my mother in law got a message from a collection agency mentioning the word lawsuit.

Dirtbag collectors like to use the word 'lawsuit' to SCARE people - its a tactic.
Did they also discuss your DH's debt with the MIL ?? Do they not have YOUR phone number ?? If so then they are violating the FDCPA by calling your MIL for ANY reason, and double-whammy if they discussed his debts with her !

They said the account is "prelegal" and we have no idea what that means. What does this mean?

It means NOTHING ! Weasel words, scare tactic, bullcrap-- whatever you want to call it. Don't let them intimidate you !

We have received NOTHING WHATSOEVER in writing from this collection agency but they say that the account will proceed to "legal" collection if they dont receive a payment of 1250 by November 29. What do we do here?

They do have to notify you in writing within 5 days of 1st contact, so watch the mail for the letter. Their deadline is garbage, just like their stupid 'go legal' threats. The month is winding down, if this collector gets you to fork over by the 29th, he gets his Burger King bonus coupons for making his quota ! Send your catch-up payment to the original creditor as you planned and make sure its gets there EARLY in the day. I would send it so that you get a delivery confirmation WITH signature so you know EXACTLY when they go it. I'd be willing to be they cash the check !

The collection agency wants a postdated check.
Of course they do.. don't give it to them !

Will paying by the 29th avoid a more negative mark on my husband's credit report than waiting?

Nope, the damage was done a long time ago and again by being 3+ months late this time. If you can get the account current, you might avoid charge-off.
 

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