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  2. I wouldn't want to see what the next one looks like! If someone opened a collection agency that focused on being kind, understanding, and accepting a reasonable amount of money, they'd probably end up doing alright. That would be like asking the U.S. Government to be efficient and fiscally responsible.
  3. what should i do in my case got any suggestions?

     

  4. Which is probably what happens with virtually 100% of these notices, regardless of verbiage.
  5. Even a fear of consequences can fall on deaf ears. If someone doesn't have any money at their disposal, and they feel they're helpless, the response is often to do nothing.
  6. That language is usually used after multiple attempts to elicit payment.
  7. Fear of consequences appears to be the only thing that elicits a response, these days.
  8. Do collection agencies think this kind of language is going to provoke a response? If they didn't use such intimidating language, if they didn't sound like total pricks, the lucky recipient of one of these letters would be more likely to contact them to work things out. If you don't contact them, the fees will likely go up. They may also file in court which would also increase the amount they're seeking.
  9. What did the 92% consist of - blatantly false charges, or did judge really screw up? Sounds like he was already clueless on arbitration.
  10. Today
  11. And the best Plan B is arbitration, when it's available.
  12. Based upon the information provided by the OP, the 30-day window to request validation has passed. He could send a DV, but the collection agency could continue collection efforts without responding.
  13. Have you ever sent a DV letter, disputing the debt? That's what I would do.
  14. Oh... THIS is a great resource. Snapshots of credit card agreements, sorted by Quarter and Year, and zipped together as folders by bank name, having all retail agreements as PDF files. https://www.consumerfinance.gov/credit-cards/agreements/
  15. Thank you to those who are taking the time to read and respond to this. I live in Texas. Debt amount is $722.02 for breaking an apartment rental lease, but in reality, the actual debt amount is $95 less - the agency tacked on a fee. I originally owed $1027.02 and sent 4 $100 money orders but didn't for several months as money became tight. Basically I'm at about month 5 of receiving calls, emails, and letters from a debt collector. I received a letter dated May 10, 2019 and am seeking advice on my next move. "If we do not receive the balance due on your account immediately, we will continue....fully utilize all...statutes governing debt collection practices. Should it become necessary for the original holder of the debt to seek legal remedies against you for the above stated account the debt holder shall not only seek the entire balance in accordance with the original contract due, but also any legally applicable prejudgement and post judgement interest, court costs, and attorney's fees, which totaled together could be considerably more than the original balance due. Mail your balance today to prevent further proceedings or contact us...if you're unable to pay the entire amount due. Failure to bring immediate resolution to this matter will result in escalated collection efforts." Knowing this above and today is 5/23/19, 2 weeks after the letter, what should I do next? Thank you for your help!
  16. I would head straight to a bankruptcy attorney or two and get a free consult. This may be a situation where it is much better to simply wipe it all out and start over.
  17. It’s best to order hard copies of your CR from each CRA and dispute in writing. Your disputes should point out specific information you deem to be inaccurate. It’s best to provide proof of your claims. Note that a dispute will not result in the deletion of an entire TL. It only results in the deletion or correction of the piece of information shown to be inaccurate.
  18. I can dispute online. Is it as effective?
  19. A JDB had me in court on two cases with a combined total of just under five figures. I filed an MTC arbitration for both cases. Turns out the judge is a pretty straight shooter when it comes to quoting arbitration clauses, preferring to only reference versions of the agreement in effect at the time of the account being opened. Both of my MTCs failed on that, even though I argued that it's not uncommon for CC issuers to update agreements, the customer being bound to any newly issued agreement unless they close the account in writing otherwise. (As far as I believed, both parties were bound to the agreement dated later, as long as the account was still open at that time.) That being said... it still wasn't a clear case for the Plaintiff. The judge would only honor exact charges that can be proven, and stated that fines, fees, etc. will be considered irrelevant. The Plaintiff would only be allowed to prove actual charges, which turned out to be about 8% of the requested amount. Long story short... There was a judgment rendered against me for only that 8%, plus court costs. Considering the alternative, that's a pretty big win in the "war." Then unless the Plaintiff appeals the judgment, I can pay them and move on from this. What did I learn from this? Find the PROPERLY DATED cardholder agreement. Or get a notarized affidavit to the effect that I believe the parties are bound to the version I admit in the case. That way, the Plaintiff would have to prove otherwise. Make the JDB send me their "proof" before it goes to court. Then I'll know what leveraging power I'll have at my local municipal court should a claim be made against me, based on how this particular judge renders justice in these cases. Remember the term, "ascension." The judge informed me of the meaning of that legal term because since I filed the MTC as my response, ascension now makes it known to the court that I agree that the account was mine, or I wouldn't have argued for arbitration. In other words, I could not argue that "it wasn't me." Just be honest, AND DON'T PANIC, even if you think you're going to lose a case. Karma might benefit you right in the middle of the case hearing. :) I hope this info helps other. Feel free to tell me if there is anything else I SHOULD have learned from this experience, but failed to realize. All in all, it sucks to technically lose and have to pay something. But that something is 90% less than originally expected.
  20. The minimum wage/paid-by-the-hour clerk that will enter your disputes into their computer system has a quota. They have to deal with X number of letters per hour. Which means, they only have a limited time to give each letter. When that time is up...they move on to the next. 12 disputes in one letter means they'll probably only do the first 3 or 4 and then move on. On the other hand, if they receive 12 different letters at the same time from what they see as the same person...they might ignore some of them. Bottom line...its a crap shoot. Dispute online if you can.
  21. Is there any type of notification/alert system that I can sign up for that will automatically email me if any further action is taken against me in this case? I know I can keep checking online every so often for any new filings, but it would be nice if there was a way to be automatically notified of any new filings by the opposition.
  22. I have found this forum to be very helpful. I have a question that seems to be "debatable" when I search. In regards to disputes with the "Big 3" CRA's, I have about a dozen accounts for each I need to dispute. Thoughts on a single letter for each item (12 per agency) or one letter for all (1 per agency)?
  23. @fisthardcheese I wish I knew what I was doing when Port Folio Recovery literally called my almost every day for a year using an Auto dial-er After I told them to stop.
  24. Thank you both for your help. I didn't even think about the tax consequences. ... My paychecks are already being garnished. I was notified of 3 other creditors who are in line for garnishments. I was told that the creditors will pursue any bank accounts I have in addition to wage garnishment. My job cut all overtime so I was only able to pay a few of my creditors off. I will look into the online-only banking and also prepaid debit card options. I sincerely appreciate your help. Thank you for taking the time to help me out. God bless you both.
  25. I just want to thank everybody who helped with my husband's case Especially Fisthardcheese. The case was dismissed without prejudice. I wanted it dismissed with prejudice but I'm just happy it's over.
  26. FISTHARDCHEESE would you look at my post needing help filing my arb..... won my MTC for arb

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