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Collection Response


flashovertx
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Thanks for the advice in advance. I have a dilemma that I need guidance on.

I was divorced 2.5 yrs ago and due to the financial strain I had stopped paying a few of these bills becuase I simply could not survive if I didnt. I just recieved a call today at work for a collection agency for Beneficial. He asked if I could make one last arrangment for payment. I told him due to the divorce situation, child support etc and that I am not in a position financially to pay this debt off. He then informed me that they are going to sue me and have the sheriffs office serve me with a summons at home or work and this in turn would lead to the seizure of my personal property. I told him that I have NO assets and that this would be a waste of time. he then informed me that I have a mortgage through a bank ( I live with my fiance and we have joint checking accounts, my name is not on the mortgage) At this time I informed him that I had already requested not to be called at work and to contact me at anotehr phone number to discuss this matter. he told me that they did not have another number for me. I informed him that even if they had no other number that they could have contacted me via mail which they have never done. I gave him another contact numbner and we hung up.

What should I do about this situation? I do not want to drag my fiance into this mess as she has PERFECT AAA credit. Any suggestions?

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how you deal with it depends upon what type of debt it is. i'll presume CC.

1. stop talking to them on the phone.

2. go read your states law on debt collection, exempted property and statute of limitations

3. read both the FDCPA and the FCRA

4. demand validation in a letter to them which also says you only wish to be contacted by mail about this in future.

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I am in Texas too. Welcome! The statute of limitations in Texas is 4 years on any contract debt. That means they can sue you and get a judgement up until the 4 year sol has run out. After that, they can only nag and report to CB. It could remain on your CR for 7 years, but you may be able to get it removed via the debt validation method. They cannot take your house, (your homestead is exempt in Texas) and they cannot garnish your wages and they cannot hassle you at work! You should send them a limited C&D letter if you haven't already (which means they can only communicate with you via mail) Have you sent out your DV letter yet? If not, do so immediately! Do not pay anything to a CA. It will only start up the SOL again.

Go here and poke around and do some reading

http://www.creditinfocenter.com/forms/

and check out the sample letters. There is one that says something about "being a victim of fraud" don't use that phrase. Re word to your specific situation. Let me know if I can help any further and don't let them intimidate you!

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Thanks for the advice in advance. I have a dilemma that I need guidance on.

I was divorced 2.5 yrs ago and due to the financial strain I had stopped paying a few of these bills becuase I simply could not survive if I didnt. I just recieved a call today at work for a collection agency for Beneficial. He asked if I could make one last arrangment for payment. I told him due to the divorce situation, child support etc and that I am not in a position financially to pay this debt off. He then informed me that they are going to sue me and have the sheriffs office serve me with a summons at home or work and this in turn would lead to the seizure of my personal property. I told him that I have NO assets and that this would be a waste of time. he then informed me that I have a mortgage through a bank ( I live with my fiance and we have joint checking accounts, my name is not on the mortgage) At this time I informed him that I had already requested not to be called at work and to contact me at anotehr phone number to discuss this matter. he told me that they did not have another number for me. I informed him that even if they had no other number that they could have contacted me via mail which they have never done. I gave him another contact numbner and we hung up.

What should I do about this situation? I do not want to drag my fiance into this mess as she has PERFECT AAA credit. Any suggestions?

There are numerous FDCPA violations here:

1. Threatening to serve you a summons at work with the express purpose of intimidating you into thinking of the embarrassment this would cause, violates section 807(5) and Section 807(10).

2. Threatening seizure of property when there is no judgement, violates section 807(4)

3. Calling you at work after being told not to (this does NOT have to be in writing), violates section 805a(3)

I would send them a violation notice by mail stating that they have violated the FDCPA as above 3 times and they are now liable for civil damages of $1000 or actual damages, whichever is greater. If this is more than they are trying to collect on, then they may back off. Sue em if you like since they are liable already for their behavior thus far.

Keep in mind a couple things: First the FDCPA is a strict liability law. It has absolutley nothing to do with if you really owe the debt or not. It is a law that provides penalties to the CA if they behave in ways the law says they can't. So even if the debt is really yours, that has no bearing on if they do the things listed above.

You should send them a DV notice and a written C&D to cease contacting you by phone. Once they get this, they can only communicate with you by mail, or they trigger another FDCPA violation.

As long as you are not married yet, they can't do anything to your fiance or to any property not in your name. If they say differently, then they violated the FDCPA again. They also cannot talk to her about your debt, not even once. If they do SHE can sue them for a grand seperately from your claim.

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There are numerous FDCPA violations here:

1. Threatening to serve you a summons at work with the express purpose of intimidating you into thinking of the embarrassment this would cause, violates section 807(5) and Section 807(10).

2. Threatening seizure of property when there is no judgement, violates section 807(4)

3. Calling you at work after being told not to (this does NOT have to be in writing), violates section 805a(3)

I would send them a violation notice by mail stating that they have violated the FDCPA as above 3 times and they are now liable for civil damages of $1000 or actual damages, whichever is greater.

This part's a little confusing, if they committed 3 separate violations why aren't they liable for $3000? Am I looking in the wrong part of the FDCPA?

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There are numerous FDCPA violations here:

1. Threatening to serve you a summons at work with the express purpose of intimidating you into thinking of the embarrassment this would cause, violates section 807(5) and Section 807(10).

2. Threatening seizure of property when there is no judgement, violates section 807(4)

3. Calling you at work after being told not to (this does NOT have to be in writing), violates section 805a(3)

I would send them a violation notice by mail stating that they have violated the FDCPA as above 3 times and they are now liable for civil damages of $1000 or actual damages, whichever is greater.

This part's a little confusing, if they committed 3 separate violations why aren't they liable for $3000? Am I looking in the wrong part of the FDCPA?

It's $1000 statutory plus damages and attorney fees per ACTION (that's per lawsuit) not per violation.

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flashovertx wrote:

I have not been contacted by them again, how can I find out who they are as I did not write down the CA name when they called originally.? I would like to send these letters ASAP

Have you pulled your credit report? It will probably be on it. You may be able to match the dollar amount or something else that would tell you who they are. You need to pull your reports anyway as there could be more collection agencies that have reported and you need to go through the DV process with all of them. You can order them online-go to EACH agencies website, not one of the 3 in 1 - they don't have the detail you will need. It will cost between $9-$12 each or call each and say you've been denied credit and you will get one in the mail for free.

www.equifax.com

www.TransUnion.com

www.experian.com

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Nolo is correct, the FDCPA penalties are per action. The FCRA is per violation. I think that's where people get confused.

Multiple violations of the FDCPA simply increases your chances of winning. This is because you only have to prove one violation in your action to get a judgment against the CA. If they make 15 violations and you only prove 1 in court, you still win.

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  • 3 weeks later...

I have 2 of the 3 reports, and I cannot seem to find the CRA that has commited these violations. Both EQ & EX have the OC listed and then state that they are collection accounts, but no other collection agency is listed with the same account # or amount of balance. It also states that the date of last activity is May 2000. SInce the SOL in Texas is 4 years, and this violation occured last month, am I still able to find them and inform them of this violation? Thanks for all the help guys!!!

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