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Robert Nashville/Savannah

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Everything posted by Robert Nashville/Savannah

  1. Yes, some states have different laws with regards to recovery of junk debt which has nothing to do with the point I have been making - when you owe a debt YOU OWE A DEBT; just because the business who now LEGALLY owns the debt may be a dirt bag does not alter that simple fact - if the consumer created the debt and didn't pay it, they owe it and it will always be owed until paid or settled or discharged. I know people don’t “like” to pay JDBs but that has to do with rationalization and “feelings” and little to do with the law. You seem to be arguing a point that no one disagrees with…I am not not, never have and never will defend the collection tactics of collection agencies or junk debt buyers. You made the initial comment about their motives which I believe was simply hyperbole - businesses, all businesses seek to make profit and that is their ultimate reason to exist (and the only way they can exist in a free enterprise system). JDBs, no matter how unethical they are or that you think they are, do not exist to harass debtors as you stated above.
  2. Sorry for your trouble; it does sound like you have mess on your hands. Most states have a specific procedure to handle (and fight) garnishments and I would expect those rights/instructions were already provided to you...I'd continue to call the CA but I'd also talk with your payroll department AND I'd follow whatever procedures exist in your state. Ultimately I'm sure you'll get back anything paid in excess of the judgment but you may have to twist some noses (or other sensitive body parts) to make it happen.
  3. Actually, Junk Debt Buyers by already defaulted debt (which entails a great deal of risk) with the sole intent of recovering enough of the debt from enough debtors that they will make a profit – which, incidentally, is the reason all businesses engage in business; to make a profit. Many JDBs DO harass and sue; sometimes with "made up" evidence or no evidence at all. As with any “collector”, illegal activities should be resisted and even pursued in court if possible and I've never suggested otherwise. As to the “whether the person owes the money or not” statement I’m not sure what you mean by that??? Sometimes, either through shoddy/incompetent work or because they don’t care, JDBs (and even CAs) will go after a debtor that isn’t the debtor but I suspect that in most cases, the debt was a legitimate debt created by the debtor the JDB is pursuing. GMAC holds my mortgage; it’s never been late since I bought my home. Yet, I can honestly say that when I was going through my debt problems years ago I was treated better and with more respect by many of the CAs/JDBs I dealt with than I have often been with GMAC – but that’s another story for another thread! Of course, GMAC doesn’t buy mortgages where the home buyer as already failed to pay…my point was a matter of law…the exact same legal principles that allows a GMAC to buy a mortgage from another mortgage lender is the same as that which allow a JDB to by a debt from the original creditor AND, a debtor is just as legally obligated to pay the debt held by the JDB as the homeowner is obligated to pay whoever owns their mortgage; even if it's been "sold" multiple times. The difference has more to do with feelings and attempts to justify not paying a JDB than with the law and I, in my earlier post was primarily speaking to the legal aspect of the issue. I think believe the OP should be applauded for being willing to pay their legitimate debt regardless of “who” owns it at the moment; to me, that is the responsible, adult, might I even say “moral” thing to do. Other people, maybe even most here, have a different view and I understand that. I just don’t happen to agree with it. Live long and prosper.
  4. You've already been given some pretty good advice but I'm going to offer some more 1. Regardless of the entity you are dealing with; be it the OC, the OC's CA, a JDB or a CA collecting for the JDB ANY agreement that isn't IN WRITING and SIGNED by someone with proper authority is WORTHLESS. Some CAs/JDBs do what they promise but so few that you have to assume that anything they tell you or promise you is a lie. 2. While some here will say to never pay a JDB I disagree...if a person truly created the debt then who owns it now is immaterial; if it's "your debt then it's your debt". In principal (and legally), a JDB buying an old debt is no different than GMAC mortage buying up a bunch of mortgages from some other company that may have originated the mortgage. You may not want to pay GMAC but not paying will only get your home foreclosed on! HOWEVER, I suggest that a debt that is now owned by a JDB, if it's going to be paid should be paid at an amount that reflects/takes into account what the JDB likely paid for the debt. In other words, I see no reason why a $10K debt that the JDB paid $500 should be paid at the full $10K! As the person with the money you have a lot of power to negotiate with a JDB because you have something they desperately want; your money. USE THAT POWER! 3. As already stated, NEVER NEVER NEVER give a CA or JDB (or any other entity with which you are in an adversarial situation) access to your personal checking account; there are PLENTY of ways to pay a debt that doesn't put your personal accounts in jeopardy.
  5. I believe he should be able to tell (i.e. post office will indicate) whether it was actually refused, or simply wasn't picked up in time or if the address was incorrect???
  6. One thing I have always done when dealing with matters like this is that I send a DV or C&D... 1. Original by CMRRR 2. Copy by first class mail 3. If I have it, I will also fax a copy to the recipient. I also, at the bottom of the letter, note that I'm doing all the above. I never had to use the above in a court situation so I really don't know if it would have ever made a difference about when/whether a letter was received but I have to believe it could have made a difference if it ever came down to it. As was noted above, I'd check the address again as it sounds like you may have simply addressed it incorrectly.
  7. I'm sorry for all you are going through; I really am. As far as the suit goes...you have nothing to lose by fighting it because it really doesn't sound as if they can do anything to you if they win. You just have to decided if you want to; if it's worth your time to do it - only you can answer that for you. I suppose what I'm trying to say here is that there doesn't seem to be a "wrong" way to handle this. I do wish you well!
  8. I'm glad it worked out for you but it doesn't always work out that way as willing pointed out.
  9. It's highly unlikely that a major CC carrier is going to settle for much less than the full or nearly full amount of debts that aren't that old and are fairly large amounts of money...of course you can always try but I have to wonder (and it's none of my business); but if you didn't have the money to keep up the payments where will the money come from to settle $22large worth of debt??? Generally speaking, the older the debt the more likely they are to settle and the less they'll settle for but I suggest that you get ready to be sued by one or both creditors unless you can being these accounts current.
  10. It if is past SOL and you can prove it is then you may well have a great defense to the suit. However... If you have no assets and are seeking or on disability as your only income source then I'm not sure I'd spend a lot of time fighting this...obviously it depends on your particular situation such as whether you will eventually recover and start to earn a good living again, etc. but whether they win or lose it doesn't sound to me as if there is anything "there" for them to take. Just my $0.02
  11. I can agree from a moral standpoint but I don't know of anything in the law that would support that "50/50" idea (unless there is something peculiar to the OP's state???). I haven't had to deal with much "medical" debt but it's been my experience that most medical offices bill a patient's insurance carrier as a "courtesy" only, in other words, the medical practice is neither obligated to bill insurance at all and that the patient is always on the hook (legally) for 100% of the bill; whether insurance pays anything or not.
  12. It means just what is says; this CA is no longer handling the account; not it's back in the original creditor's court to decide what to do next.
  13. There could be several things going on but what's most likely is that the CA you initially dealt with simply returned the account to BoA and BoA has sent it out to another agency. Each CA will likely (although not always) have their own "account number" that their systems use for their own record keeping purposes; it really has no bearing on anything else. In any case, the usual and proper procedure is to ask for validation from each CA that tries to collect the debt as anything that happened between you and the prior CA doesn't affect the current CA.
  14. Ultimately, whatever this person told you and whatever she/he did or didn't do, you are responsible for your bill. However, under the circumstances, I would think your dentist would be willing to work something out with you (and I would do that face to face). That said, I would concurrently make a plea with your insurance carrier to see if they are willing to help in any way...many insurance companies have someone (an ombudsman) designated to be an advocate for the insured - that's who I would try to reach. I suspect that ultimately you'll be able to work this out but it's probably going to take some time sitting down with the dentist and/or insurance company to get some help.
  15. Whoever owns the debt, be it the original creditor or a subsequent creditor is always ultimately in charge of the collection process. How much or how little latitude is given to the CA to act is a matter between the CA/debt owner -the consumer's concern should be knowing if the debt is his/hers, how much is owed and who he/she should deal with. Your expectations...who you "want" the validation to come from is immaterial; there isn't anything "wrong" with them but in matter's of law (which is ultimately all that really does matter when dealing with collectors, debt, etc); what the consumer expects is at best, secondary. The law does not say that the OC can't send the data directly to the consumer; in fact, it happens all the time. The OP asked if this debt has been validated; the simple answer is yes, it has. I would submit that under the law, what has been provided, how it was provided and who provided it is more than enough to be consider proper debt validation. Some creditors sue; some don't and it can depend on many factors however that decision is rarely up to a "CA" to make since only the actual debt holder has true standing to sue anyway. Whether Macy's does or doesn't usually pursue court action I don't know but $3K+ is enough that being sued is certainly a possibility no matter how "resistive" the consumer is or how many DV letters are sent.
  16. Of course there is a "percentage relationship between the CA and OC"; that's how the CA makes money...water is also wet and water being wet and the percentage relationship means absolutely nothing with regards to whether this poster has received proper validation under the law. There is simply nothing in the law that requires the data provided to pass through the CA to be considered validation. As to the decision to pursue and the consumer's "resistance" being pivotal; I think that's a bit absurd.
  17. The CA is simply an agent, acting on the behalf of the OC...when a debor asks for information ti's likely going to come from the OC whether it's mailed directly from the OC or through the CA (assuming they are even totally separate physical entities in the first place). Frankly, "who" sends the requested info is just not material and makes no difference as to whether the debt has been validated or not. Keep in mind that the primary purpose of validation is to obtain the information you don't have which at the very least, usually means substantiating that you are dealing with an agency that has the right to represent the creditor. What constitutes "proper validation" under the law is VERY minimal and in this case, I'd say the standard has clearly been both met. If there was some question about the validity of the debt or about the amount owed then, certainly, those questions need to be addressed but there is no indication that the basic legitimacy of the debt/amount owed is in question. which means at this point, there isn't much the OP can actually do except try to ignore it, try to stall collection action or try to pay something (and perhaps eventually settle the debt). I suggest that's it's usually better to be proactive rather than reactive but that's something the OP will have to decide for him/her self.
  18. Since the debt is a current/recent debt and still held by the OC there really isn't much to "validate" aside from confirming that the CA is authorized to collect on behalf of the OC - it seems as if they've done that. As such, I would suggest that you should consider paying it; even if it's just a modest amount sent each month. If you are completely unable to pay anything then your only other real alternative is to try and stall each and hope Macy's doesn't decide to sue.
  19. If you truly owe anything close to $34K then I would expect to be sued or at least hounded. You can't generally walk away from a debt that large so if you can't pay it or settle it then there isn't much you can do right now...the next move is really up to them.
  20. In most states, the payee has to decide whether to pursue the bad check as a criminal matter or a civil matter and generally, once they pursue it in one way they cannot "change their mind". Most businesses automatically pursue it civilly; it's generally the small business person in a small town that files criminal charges (unless of course the amount of the check represents large $$$). As to "credit repair companies"; they are generally worthless
  21. If your intent, as it seems, is to settle the debts created by the bad checks then I'd suggest you put a list together grouped by who holds the checks now/who is collecting and then start with the smallest amount/group owed...contact them first and work your way up the list until all have been dealt with. "Who" you pay is going to be based on who is the current, legal owner of the debt...in many cases, these checks and the debt they represent will be legally transferred to a collection firm(s) that specialize in bad check recovery or some other debt collector...if the check is still held by the original payee that's great and you MAY be able to deal with that payee directly; if not, you'll have no choice but to deal with the current debt holder. Be sure you understand your state's laws regarding bad checks, SOL, etc - that knowledge will give you power to deal effectively to come to a resolution that you can afford. As with any debt, you need to go through proper DV activities so you'll know who you pay, how much is owed, etc...when you pay, GET THE ORIGINAL CHECK BACK if at all possible; if it is not possible then get a REAL letter with a REAL SIGNATURE that unequivocally shows that the check/debt was SETTLED IN FULL or PAID IN FULL and then keep that letter FOREVER!
  22. If it's the phone calls that bother you, have you considered simply not answering/taking their calls? If you are looking for violations to base a suit on you are going to have to do a much better job of documenting/gather evidence to support any potential litigation.
  23. Probably anyone with a cat has been through something like the above story and I think my hound would eat a brick if I wrapped it in bacon!
  24. How to Give a Cat A Pill 1. Pick up cat and cradle it in the crook of your left arm as if holding a baby. Position right forefinger and thumb on either side of cat's mouth and gently apply pressure to cheeks while holding pill in right hand. As cat opens mouth, pop pill into mouth. Allow cat to close mouth and swallow. 2. Retrieve pill from floor and cat from behind sofa. Cradle cat in left arm and repeat process. 3. Retrieve cat from bedroom, and throw soggy pill away. Take new pill from foil wrap, cradle cat in left arm, holding rear paws tightly with left hand. Force jaws open and push pill to back of mouth with right forefinger. Hold mouth shut for a count of ten. 4. Retrieve pill from goldfish bowl and cat from top of wardrobe. Call spouse from garden. Kneel on floor with cat wedged firmly between knees, hold front and rear paws. Ignore low growls emitted by cat. Get spouse to hold head firmly with one hand while forcing wooden ruler into mouth. Drop pill down ruler and rub cat's throat vigorously. 5. Retrieve cat from curtain rail, get another pill from foil wrap. Make note to buy new ruler and repair curtains. Carefully sweep shattered figurines and vases from hearth and set to one side for gluing later. Wrap cat in large towel and get spouse to lie on cat with head just visible from below armpit. Put pill in end of drinking straw, force mouth open with pencil and blow down drinking straw. Check label to make sure pill not harmful to humans, drink 1 beer to take taste away. Apply Band-Aid to spouse's forearm and remove blood from carpet with cold water and soap. 6. Retrieve cat from neighbor's shed. Get another pill. Open another beer. Place cat in cupboard, and close door onto neck, to leave head showing. Force mouth open with dessert spoon. Flick pill down throat with elastic band. Fetch screwdriver from garage and put cupboard door back on hinges. Drink beer. Fetch bottle of scotch. Pour shot, drink. Apply cold compress to cheek and check records for date of last tetanus shot. Apply whiskey compress to cheek to disinfect. Toss back another shot. Throw Tee shirt away and fetch new one from bedroom. 7. Call fire department to retrieve the damn cat from across the road. Apologize to neighbor who crashed into fence while swerving to avoid cat. Take last pill from foil wrap. Tie the little bastard's front paws to rear paws with garden twine and bind tightly to leg of dining table, find heavy-duty pruning gloves from shed. Push pill into mouth followed by large piece of filet steak. Be rough about it. Hold head vertically and pour 2 pints of water down throat to wash pill down. Consume remainder of scotch. Get spouse to drive you to the emergency room, sit quietly while doctor stitches fingers and forearm and removes pill remnants from right eye. Call furniture shop on way home to order new table. 8. Arrange for ASPCA to collect mutant cat from hell and call local pet shop to see if they have any hamsters. How To Give A Dog A Pill Wrap it in bacon. Toss it in the air.
  25. When someone comes on the board and posts about problems they are having with a particular collector/collection agency one of the common responses from those, like me, who have been around a while is to file appropriate complaints with the FTC, BBB and their state AG (or whatever state agency oversees collection agencies in their state). This may seem like a waste of time but it isn’t. Back in the spring, I was contacted (by phone) by a local collection agency regarding an alleged debt. I knew there was no way in hell I had a debt outstanding to anyone so I immediately demanded they provide validation and followed-up the same day with a validation request by CMRRR (fully anticipating they wouldn't have anything or would provide evidence that the debt wasn't mine). They received the letter two days later (which I had proof of by pdf of the signature from the USPS). However, several days after receiving my DV letter, the same collection agent called my not once but twice. He called twice because in the first call, I simply referenced my letter and told him I had nothing more to say. Had he left things there that would probably have been the end of it but he was stupid enough to call again moments later and try to browbeat me into paying the debt. I decided any agent that stupid needed to be called out for it so I got my evidence together (copies of my letter, proof of receipt, proof of the phone calls made, etc.) and filed complaints with the FTC, the local BBB and my state’s Department of Commerce (the agency who licenses and oversees collection agencies in the state). I didn’t and don’t expect anything from the FTC. The BBB did get involved but ended up doing nothing of substance. In fact so far, they’ve never even updated their website with the fact that I lodged a complaint against this CA. The state, however, actually took action. The state was a bit of a PITA to deal with…I had to send correspondence more than once to meet all their requirements but last night in my mailbox it paid off. I received formal notice along with a filed copy of the proceedings in which the collection agency in questions was found to be out of compliance with the FDCPA (and therefore state law) and was fined a civil penalty of $2,000. A small victory to be sure but perhaps this agency will be more careful in the future.
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