An attorney called

[Corrine]

I'm not even sure how to explain this. A few years ago I got pregnant. My child was diagnosed with birth defects. I got fired from my job shortly after I learned of this. Due to the lack of income my husband and I were left with no choice but to let some things either go back or left unpaid. We got back on our feet and paid all the things we let go. They were our debts and we felt it was right to pay. We were elated when we thought our credit was back on the mend; all delinquent bills paid. All but one was paid in full (one of my bones of contention).

A few months ago I got an odd call, rather a recording saying it was not a solicitation but an attorney requiring my immediate attention in a legal matter. If I did not call further action would follow. Mind you, this recording didn't even name the person they were looking for or what the matter was about. I was curious so I called. I explained the call I got and the man said he was an attorney who was attempting to collect a debt (just happens it was the one I was miffed about) which was my husband's. My husband purchased this car before we even started dating so I felt whoever this was should speak to him about it. I explained that my husband wasn't home and wouldn't be home for a few weeks (works in different states). He insisted I tell him where he worked and how to contact him which I refused to do.

He then told me that I was on notice that I had three days to pay the full amount. My problem with paying the full requested amount was that if we paid it, we would have paid more for the car than if we had kept it and continued making the payments and we wouldn't even own the car to boot. I explained that my husband had been in contact with the financing company earlier and they had made a lower offer so I didn't feel the current demanded amount was fair considering we still had almost two weeks to accept the last offer they made. I can't even tell you how nasty this man got. He said they would take legal action and get almost double the amount they wanted, they would freeze our checking accounts and attach his check. I made the comment at that point that I didn't care, it wasn't my debt. He told me I better care because they would come after me too. He even said they could put hubby's bad debt on my credit report. I had dealt (or tried to deal with) some of my husband's other bad debts but a lot of agencies wouldn't talk to me because I was only his spouse. They said speaking to me about his debt would be against the law so I told him that I didn't think he could legally talk to me about he.

He said what I was doing was nothing but a stall tactic and he would tell the client to go ahead with all legal remedies. Anyway, he called back the next day and continued with the same crap. I finally said I would pay it but I had to wait until I deposited a check. Once the check cleared I would pay. He insisted I go to the bank that day to deposit it and even wanted to know the routing numbers. He said some numbers on the back would indicate if it was a local check and how long it would take to clear. It was nothing but harassment for a week. And the guy promised that if I Western Unioned the money he would send a letter saying the debt had been paid the same day. Yea, I'm still waiting four months later on that letter. I called him numerous times requesting the letter but I only ever got his voice mail. He never returned my calls or sent the letter.

Here's my problem. I got another phone call like that one today. I'm unsure exactly who they said they were; I believe the message said Smith and Deloney LTD attorney at law but I'm not sure. I didn't even catch the phone number but it was basically call immediately about an urgent legal matter and then it hung up on me. I'm a little wary about even calling back, not that I could at this point. If I get the same message tomorrow should I call and what should I do if an actual attorney calls me?

[gdouglaslee]

Don't answer. Stop talking to them. You could unwittingly restart the SOL.

At this point, there isn't much you can do because you lack information. Start by going on-line and obtaining a tri-merge credit report to see what accounts you have then contact each of the credit bureaus to obtain hard copies of your credit reports, even if you have to pay for them, so you have a bench-mark.

Your credit reports will have account and account holder information. You can then make informed decisions as to how to handle each of the negative accounts you may have. You can also make decisions that will improve the positive accounts you may have and boost your credit scores.

[Corrine]

I just had a credit report pulled a month ago. The car shows up as "settled for less than full amount" (but ironically more than we would have paid if we had just kept the car). All my other accounts either said "paid in full" or "pays as agreed". The only other thing on there that is bad is NCO Financial. They are reporting that I owe $13+k but I don't. The doctor billed the entire surgery for $13k but the insurance would only allow a little over $3,100 for that surgery. They paid $2,500 and said I owed the remaining $600 and they have to accept that as payment in full because they are a participating provider. I spoke to NCO almost two years ago about this and told them I would gladly pay the $600, but no more than that and I would only pay it when I recieved the bill with the proper amount. They never called or sent any letters after that. It's been almost two years since I've heard from them but they continue to report that I owe the full amount. Up until I got my credit report last month, I had assumed they dropped it. I don't understand why after almost two years of no contact why they would suddenly resort to legal matters. We have been paying all of our bills on time for almost a year now so I don't know who else it could be.

[gdouglaslee]

I just had a credit report pulled a month ago. The car shows up as "settled for less than full amount" (but ironically more than we would have paid if we had just kept the car).

That might be the problem. Any time someone settles an account for less than full amount, the unsettled portion of the debt is collectible unless it says in writing that the unpaid balance is forgiven or unless you have due consideration, meaning you were supposed to pay the amount by the 30th and you paid it on the 12th.

You should check your credit reports again. New stuff can surface all the time. Pay particular attention to recent inquiries on your credit reports.

[Corrine]

Wait a minute. You mean to tell me that I thought the debt was settled and it might not be? That bastard led me to believe that once I paid that would be the end of it. I clearly remember telling that jerk that my payment meant paid in full. I even told him I would prefer to pay by check (because I wanted to write paid in full in the memo) from my account but he refused and said they would only accept Western Union. You mean to tell me they are allowed to lie and deceive people into believing the debt is settled when it isn't? That might explain why the asshole wouldn't send me the letter he promised.

[retmar]

As to the Medical Bill, you need to call your insurance immediately and get them involved. Most insurances have special departments for this reason. What this provider did is illegal and you have all legal right to pursue if the SOL for this injury is within the law for your State. The same goes for NCO, who is one of the worst. Any provider that accepts assignment is bound by the rules and regulations of that agreement. If your insurance paid their amount and your amount of $600 was the co-pay or cost share, that is all you are liable for, period. This provider could get itself into a lot of trouble for this, so call tomorrow.

As to the other issue, you need to sit down and remember everything there is. Do as g doug said and get your CR's. I would get one from each so as to get a better idea as each CRA will sometimes report something a little different. Find your receipts. Notes. Anything. Once you have found out who, start the paperwork. You are well within the SOL for your injury. Most States are 1 year for this. Do not give up as you have just begun to fight.