lucig284 Posted September 23, 2003 Report Share Posted September 23, 2003 Hi everybody, I need some advise. My DH is a 100% disabled Veteran that was forced ( for medical reasons) to retire from NY State in 2000. Our only income is his VA pension, Social Security Disability, and a pittance they have the nerve to call retirement benefits from NY State. We moved to Florida in 2001 for both his and my health. We have been getting NASTY phone calls from NCO demanding payment of an account that they are collecting for Sherman Aquisition LP who recently purchased the account from Sears. I have spoken to a few of their collectors on the phone and they are quite nasty... The one that called yesterday refused to even give me a mailing address for them and told me that I had to give them a payment in full over the phone right then " or else". I askedwhat she meant by that and she stated "you'll see" and hung up on me. What can I do about this and what can they do to me.. I forgot to mention , they are also telling me that I am responsible for this debt in my husbands name even though I have never had an account with Sears nor did I sign anything. I know that Florida is not a community property state but I'm not entirely sure what all that means. Any advise and input will be GREATLY appreciated. Link to comment Share on other sites More sharing options...
LadynRed Posted September 23, 2003 Report Share Posted September 23, 2003 NCO is filled with lying, scum-sucking harpies such as the one you had the misfortune to talk to. Don't ever call them again, and don't answer their calls, its a complete waste of your energy, time and sanity. They will never be civil, believe me, I've dealt with them.You are NOT responsible nor can you be held liable for the debt if your name was never on the account. Being married (even if in a community property state) does NOT mean you are automatically liable for your spouses debts. So the harpy witch was full of horse crap with that one. They lie hoping to scare and intimidate people into paying.NCO has offices all over the US, so knowing which one to send a Cease and Desist letter to could be difficult if you've received nothing in writing from them. If you've been called but have NOT received any letters, they're in violation of the FDCPA (see link above), and that's only the start. Their threats are also violations, they'll keep wracking them up, they always do.Since your only income is TOTALLY EXEMPT from any kind of judgment, IF they were to sue, you've not much to worry about, really. Homesteads in FL are 100% exempt as well, so there's not much they could take from you if they tried it.A cease and desist limiting them to mail-only contact is your best bet at this point. When was the original creditor last paid ? SOL in FL is a short 4 years. Link to comment Share on other sites More sharing options...
Swede Posted September 23, 2003 Report Share Posted September 23, 2003 NCO is filled with lying, scum-sucking harpies such as the one you had the misfortune to talk to.....It almost seems as though you don't particularly care for them..... Link to comment Share on other sites More sharing options...
lucig284 Posted September 23, 2003 Author Report Share Posted September 23, 2003 Thanks for the reply.. I'm not sure how to tell the last date of payment for sure.. When all of our problems first started we signed up with Genus Credit Mgmt. We stopped using them in Oct. 2001 because none of our balances seemed to be going down.. in fact some of them kept going UP...We were getting late charges all the time because they never had the payments sent in on time.. They sure as heck didn't do us any good !!Do I use the last date Genus sent in a payment or the last one we personally sent to Sears? The account was opened in Oct. 1997 Link to comment Share on other sites More sharing options...
nolo Posted September 23, 2003 Report Share Posted September 23, 2003 NCO is filled with lying, scum-sucking harpies such as the one you had the misfortune to talk to.....It almost seems as though you don't particularly care for them..... LOL@swede, yeah that was the impression I got too. (waving hi to LadynRed) 8) Link to comment Share on other sites More sharing options...
nativechild48 Posted September 23, 2003 Report Share Posted September 23, 2003 Ladyinred is right on the money about NCO and funny Your husband is judgement proof. His income is VA=gov. pension, SSD, and another small pension which is generally exempt from garnishment , so I would'nt worry and I'd send them a combined DV and CD letter to get them to stop phoning Link to comment Share on other sites More sharing options...
LadynRed Posted September 23, 2003 Report Share Posted September 23, 2003 Absolutely no love lost between me and NCO !! (waving back at nolo ! )Paying thru a credit counseling group like Genus does NOT usually count when it comes to tolling the SOL period. All that really matters is when YOU last made the last payment to the OC yourself. I'm inclined to say the SOL has expired if YOU last paid in 1997 and send them the C&D letter. Your DH is about as judgment proof as they come Link to comment Share on other sites More sharing options...
lucig284 Posted September 23, 2003 Author Report Share Posted September 23, 2003 Absolutely no love lost between me and NCO !! (waving back at nolo ! )Paying thru a credit counseling group like Genus does NOT usually count when it comes to tolling the SOL period. All that really matters is when YOU last made the last payment to the OC yourself. I have been going through paperwork and found a letter from Sears dated 10/08/1999 stating that the account was now 3 months past due. So the way it looks to me is that the last payment we made personally, not thru Genus had to have been June or July of 1999. Would that make it SOL?? and Since we now live in FL. which SOL would prevail FL or NY ?? You don't know how much I would love to tell NCO to go P*** up a rope !!! but I don't want take a chance and be wrong. Link to comment Share on other sites More sharing options...
LadynRed Posted September 24, 2003 Report Share Posted September 24, 2003 Technically, they can sue you either where the debt was entered into (NY) or where you live NOW. They usually will sue where you live to avoid the extra hassle of having a judgment domesticated to another state. In which case, the FL SOL would apply, and that SOL has expired June or July of this year.To be sure, go over to www.cardreport.com and ask this question re: Genus for WhyChat's answer. He has the scoop on it. Then go from there. Link to comment Share on other sites More sharing options...
lucig284 Posted September 24, 2003 Author Report Share Posted September 24, 2003 Technically, they can sue you either where the debt was entered into (NY) or where you live NOW. They usually will sue where you live to avoid the extra hassle of having a judgment domesticated to another state. In which case, the FL SOL would apply, and that SOL has expired June or July of this year.To be sure, go over to www.cardreport.com and ask this question re: Genus for WhyChat's answer. He has the scoop on it. Then go from there.Thank you!!! I have a validation letter ready to send out in the morning, I added the C&D for phone calls at the bottom of the letter. Should I send them another letter stating that the debt is SOL and that our income is not touchable ?? Sorry I have soooo many questions. I new to all of this. Link to comment Share on other sites More sharing options...
nativechild48 Posted September 25, 2003 Report Share Posted September 25, 2003 Don't be too informative; these jerks don't care about your income being untouchable. If the debt is Sol, in the validation letter just say I have reason to believe the debt is not a valid debt. Link to comment Share on other sites More sharing options...
jam Posted September 29, 2003 Report Share Posted September 29, 2003 Last month I received just a privacy policy from them, no account #, no other information, just their privacy policy; so I sent a comprehensive validation request to Marlin Financial, et. al. at their main address from the BBB, for any and all accounts that they are claiming that they own, or have been assigned.Haven't heard anything, and Saturday I get a letter from them dated Sept 23; that a new account supposedly has been assigned to them.And doesn't this sound like overshadowing the FDCPA rights"The named creditor has placed this account with our office for collection. It is important that you forward payment in full.If you choose not to respond to this notification, we will assign your account to a collector with the instruction to collect this balance."Then of course, two more paragraphs later is the mini-miranda.Hmmm, excuse me, (#1) This account was already frozen because the previous collection agency got caught re-aging, and when I did a DV catching them in the re-aging, they deleted rather than validated. (#2) hmmm, a collector will be assigned to collect the balance, excuse me, aren't you a collector... DUH! Gee, they must be busy if the collectors need to hire colectors... Link to comment Share on other sites More sharing options...
jordanmorganusa Posted December 15, 2003 Report Share Posted December 15, 2003 Do yourself a favor and get a recorder for when they threaten you. Let them rack up a few thousand in violations-ON TAPE, then send letters to the BBB, both your state Attorney General, and ALL State Attorney Generals that have an NCO/Marlin/whoeverelse in their state as well outlining the violations(but not mentioning the tape.-just say you have proof). If they don't stop then, file suit. Let the judge decide if he/she wants to hear the tapes if they are not applicable in your state. I guarantee that NCO or whoever they call themselves will try to settle before going to court, though. Keep the tapes and don't give them up for anything...unless the AG would like a copy, of course. Link to comment Share on other sites More sharing options...
retmar Posted December 16, 2003 Report Share Posted December 16, 2003 I am also a 100% Disabled Vet and what they said is totally true. To get the actual reading of the laws, go to the respective web sites and you can read exactly what they say. Do as was mentioned and get a recorder and tape the calls even after they receive your C&D because they will call. What you also need to do is sit down and write exactly what you remember from the call, including name, time, date, actual words, everything, so you will have it available. Also, keep a log of all calls and messages. If any message is rude or whatever, pull the tape and buy a new one at Radio Shack. Keep it for evidence. Again, you, yourself are not liable for the debt in any fashion. If these "ADUBS" do get even more Stupid and do file, do not worry. You would just file your answer and show up in Court. All you would need is your two Award Letters and your proof of the DOLA showing that the debt is timebarred. Then laugh aloud when the Judge dismisses the case.Everyone here hopes and prays that NCO is gone before long.BTW LadynRed, you forgot to mention that NCO, it's affiliates and employees do not deserve the privilege to assist a Maggot in it's daily duties. Link to comment Share on other sites More sharing options...
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