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Robert Nashville/Savannah

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Everything posted by Robert Nashville/Savannah

  1. I know $8K is a lot when you owe it and don't have it and it may be the right move for some; it's just that I've seen a lot of people file bankruptcy on relatively small amounts that could have, over time, been paid/negotiated with much, much less negative impact on the person's finances. Plus, if one files on a relatively small amount what happens when something truly monumental happens (like a $100K medical debt, etc.)?
  2. With all due respect to the prior poster; filing a bankruptcy on an $8K debt would be using a sledge hammer to kill a fly. I think fisthardcheese gave you some good advice and that's the route I'd pursue. Keep in mind that no one can collect money you don't have so until you are back on your feet financially and can pay and/or settle these debts there isn't much more that you can do.
  3. Yes and validated (with cc statements, etc.). They amount they claim is owed matches the amount the OC reports as being the amount owed at the time it was sold as well.
  4. Okay folks, First of all, I appreciate all the responses. Second, while this may shock some of you, she isn't interested in her FICO score, “sticking it” to PRA and/or avoiding paying/gaining income by “racking up” violations. Some wonder why would she is willing to pay? Because the debt is legitimate and is owed and well within statute…it was a credit card that she stopped paying on when she lost her job about a year and a half ago. The debt was sold to PRA. Currently, it is being reported correctly (both by the OC and by PRA) on all three of her credit reports and I'd suggest that whatever damage has been done has been done and nothing is going to change that. I realize she could try to delay thing...refuse to pay and hope PRA goes away...she could offer to pay just a few pennies on the dollar to settle the debt…I realize she could wait to see if they sue and then hope they can’t substantiate the debt or make some costly (for them) mistake…for those who want to or are willing to do that I think that’s fine but bear in mind that not everyone wants to go through that hassle; especially for a relatively small debt. Obviously things would be different if she didn’t have the funds to pay but that is not a concern. So, and while I know many of you detest giving ANY money to a junk debt buyer, she is likely going to pay the debt in full and avoid all the potential hassle and get on with life. All I’m trying to help her with is, given PRA’s proclivity for suing even on debts this small (less than $800); is do whatever we can make sure that once paid it’s DONE; to protect her from being sued and making sure the PRA accurately reports the debt as being paid in full and put this behind her for good. It looks to me, based on the responses here and some other reading, that a money order for the full amount included in a well-worded letter (sent CMRRR) may be the best way to get this paid and done. However, If anyone has any better suggestions and/or any really good sample letter to include with the payment I’d appreciate hearing from you. Thanks!!!
  5. I guess I didn't explain myself well...she isn't asking for or expecting a PFD. The debt will either be settled or paid in full and it's likely going to be paid in full. The debt is legitimate and it's pretty recent (less than two years old) and PRA has had it about about 6 months judging from her credit report and when she started getting letters from PRA.
  6. Once it's reached this point (a judgment) it can be pretty difficult to do anything about it other than pay it. If you truly think this could be a case of fraud (which is what a wife signing her husband's name without permission is) then you could get this set aside but you are going to have to be able to prove that the debt isn't yours. Unless this is a rally large judgment it could well cost you more to fight it than to pay it. You might want to contact a lawyer who does this kind of work (most such initial consultations are usually free so you don't have much to lose) .
  7. I'm not an attorney. That said, I believe that the moment the bankruptcy is filed any "actions" against you would come to a grinding halt. Further, if your first court date is in December I can't see any garnishment being started before you file for BK in January. I suppose what I'm saying is that I don't think you have to worry about garnishments, etc. before you file. If I'm wrong; I think you could file BK earlier if need be (it might not be "ideal" but I think it could be done without having that much of an ill effect on your BK petition). I would do what I could to "slow down" any court proceedings but other than that I suspect you'll this will work out for you. It sounds like what caused your financial problems are behind you, that said, keep in mind that BK, at best, only removes your debt...you have to make sure you understand AND address what put you in this position in the first place (i.e. BK can't fix a low income or a lack of health insurance) or it will be a short-lived victory. I'm not trying be negative toward your situation; just offering a word of caution. I do wish you well!
  8. Hello everyone, It's been a LONG time since I've been on this site! Quick question...I'm helping a friend clean up her outstanding debts and while most of the ones have been very old and easy to deal with (old, our of statue, etc) but she has one that is less than $1,000 owed to PRA that is well within statute and based on what I know of PRA I see no point in attempting to negotiate anything with them other than a settlement (although shell probably pay in full). My question is this, for those who have settled or paid in full, has there been any problems with PRA not keeping up its end? By that I mean such things as PRA not making the correct notation on the debtor's credit report or perhaps "selling" the remaining debt off to some other debt buyer? Did you ask specifically for a letter or some other confirmation of the settlement or payment in full and if so, what was it and did they comply? Did you send in a money order or pay by debit card (or prepaid card), etc.? Any other info you can supply would be appreciated...I'm just trying to keep her out of court and it seems that PRA is more than happy to go after a debt even this small and since she truly does owe the debt I don't see any benefit to letting it get that far. Thanks!
  9. Portfolio is a machine...any sort of request that falls outside of their SOP is not going to happen...you might as well try negotiating with a cement block. Portfolio seems to bee pretty sue happy so if the debt is more than a few hundred dollars (perhaps even if it isn't) I wouldn't wait too long. Bottom line is - if this is your debt and you owe the money and you can afford to pay them it's probably better to just go ahead and pay them...just make sure that you have proof that the debt was paid in full.
  10. In most states/most cases a creditor/collector can continue to try and collect a debt forever. However, as mentioned above, once the debt is out of statute as well as this old their options are extremely limited as you have an afirmative defense to a suit and they cannot report it to the bureaus unless they reage the debt (lie)...their legal options are mostly to writing letters and making phone calls. If you are certain of your facts I would simply tell them to go pound sand. That said, be aware that some colelctors may file suite anyway and if you don't respond they could get a judgment which they could then pursue and which WOULD, once again, make you legally obligated to pay the debt.
  11. If I might interject here… Until or unless you have the financial ability to pay or settle these debts (i.e. you have an income, etc.), I see no reason for you to do anything at the moment. With no income there is really nothing a creditor (or junk debt buyer/collection agency/attorney) can really “do” to you other than report negative tradelines on your credit reports. The tradelines are already there and, given your accident, you have a very good explanation for WHY they are there. Some of these creditors may sue you, eventually, but with no income they aren’t going to get much. I know you want “good credit” but, while there are good reasons for having a favorable credit report I don’t see it as a real issue right now…respectfully, I would concentrate on getting well and doing what you need to do to make yourself employable/getting an income again. You absolutely don’t need to go into debt to anyone, MOST ESPECIALLY FROM A FRIEND just to pay off old debt. Borrowing money from a friend or family member will change your relationship with that person and could very well ruin that relationship regardless of good intentions. You may decide, eventually, than bankruptcy is and appropriate action but why pull that trigger before you absolutely need to do so? With no income right now I think bankruptcy would be premature. I hope that helps.
  12. I firmly believe in paying or settling debts if you really owe the money (or at least some of what they say you owe). The problem is that almost all CAs and JDBs will lie and tell you anything and everything you want to hear until they get your money...dealing with them is sort of like picking up a rattlesnake; even those who handle rattlers all the time will get bit occasionally meaning that you really need to be sure of what you are doing before you start any kind of dialogue with Portfolio. If PR isn't currently bothering you I think I'd be tempted to wait and do nothing; at least in the short term...if you know how much they might ask for to pay the debts then save up enough cash so that if you eventually have to pay them in order to get a mortgage you'll be able to do so.
  13. I can't advise you on whether they would sue you; it depends a lot on just how much they believe they can win and other factors. Personally, my feelings are that if a creditor really wants to sue you they'll sue you whether or not you you send a C&D letter. I wouldn't say anything about owing or not owing the debt if you send a C&D letter; just tell them to cease and desist; no need to get wordy or say something that may cause a problem later. As to them going away...well...it's normal to want that to happen. Unfortunately, debts don't just go away; at least not most of the time. it's relatively easy to get a CA to "go away" with a C&D letter or even just a demand for validation and it may be months or a year or even longer before you hear from anyone again but if the debt is legitimate (and often even if it's not) and/or they "think" it's a legitimate debt and especially if there is very much $$$ involved then you can expect the creditor to keep coming after you with different CAs for quite a long time.
  14. What can you do??? What result do you want? You can refuse to not pay (and based on what you've said is sounds like they don't deserve to be paid). That runs the risk of being sued but unless you owe them a lot more than I'm assuming you do I doubt they would...other than suing you there is nothing they can do about it except report it on your credit history. You can pay what they say you owe (or settle on a lower amount) and consider whatever you pay a "tax" for ever getting involved with them in the first place and (apparently) not getting all these agreements/promises in writing. You might also be able to keep the negative trade lines off your credit history by paying...maybe.
  15. I always advised sending certified mail return receipt requested, regular first class mail and I would also fax a copy or email a copy if I had the number/email address. I know that probably sounds like overkill but when you are dealing with people/companies that routinely lie I consider it cheep insurance - I doubt seriously that a CA could claim they "didn't get the letter" under those circumstances or that any court would believe them if they tried.
  16. I don't mean to beat up on you and forvie me for being blunt but if you can afford to pay a car payment you can afford to save up for a short period of time and buy a vehicle that will meed your basic transportation needs. Getting a car loan (going into debt) is not the answer even if you were able to get all these negative trade lines removed or found lender that woudl loan you the money for a car (probably at a ridiculous interest rate). I know that's not what you want to hear (read) but I think it's the info you most need. I wish you well.
  17. I know you had good intentions but cosigning for a person is really never a good idea. After all, if a lender wants a consigner it's because they don't believe the applicant is going to pay on time or maybe not pay at all!
  18. I'm confused about what you owed/what this was for? Equally confused about why amounts are still accruing on a checking account??? It seems to me you need some direct info from the bank.
  19. If the fees are in accordance with the agreements you signed then you have no power here and what they told you over the phone is meaningless. You can certainly ask and try to get them removed/forgiven but there isn't any I can think of that you could do to make them comply. You need to remember; you are dealing with snakes - getting bit is a likely outcome. My advice is to pay the stupid card off and cut it up - they don't charge over limit fees when you pay cash.
  20. I'm probably going to piss off some folks here but if you have student loans with late payments and virtually nothing in the bank, why would you take on the burden of buying a house??? No matter what FICO score you have, buying a home is almost always more expensive than you think and if you don't have all your bills caught up; at least enough down to avoid PMI and a good, solid emergency fund in the bank AFTER making the down payment then I would suggest that buying a house will end up causing you major problems. In all humbleness, I suggest you read the post at the link after my signature. Just my $0.02 of course; do what you want.
  21. I agree with willingtocope...if you have nothing to work with why talk to them at all? I see no benefit to you or to your creditor(s) in talking to them on the phone (and keep in mind, these people are experts in finding ways to manipulate you which is why the want to talk on the phone in the first place). It might be worthwhile to write a letter(s) to any CA(s) contacting you to tell them you are unable to pay anything but will contact them when you do but that's as much as I would do. After that, I'd simply block every number they call from so that you don't even get the calls (or at the very least, ignore them).
  22. I don't know of any law that prevents anyone (CA, OC, or anyone else for that matter) from asking or from investigating your finances by looking at public documents (not sure if a trust is a public document or not). In any case, this sounds like someone looking for assets; maybe trying to decide if you are worth going after in court or even just looking for some leverage they can hold over your head. "Someone" is not a lot to go on - you need to find out who this "someone" is as it might not have anything to do with the debt you apparently owe.
  23. If you actually want to pay what you truly owe of settle it for a smaller amount (both of which I think are good things), the only way that will happen is if you spend enough time on the phone to get to speak to someone who has a working brain - there aren't usually many like that in a collection agency but there is usually at least one person who has a few working brain cells. Whatever you pay, make sure you get it in writing, signed by an authorized person at the CA showing that the debt is either "Paid in Full" or "Settled In Full" and DO NOT under any circumstances give these people access to your accounts; pay with a cashier's check or MO.
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