Debt collection help

[legalhelpnow]

Hi guys,

Need some advice, and quick. I've been contacted by a collection agency-you know, the usual, "we'll take you to court" and other such threats. Now here is the problem. I don't currently work. I'm a student and my mom helps me (when she can) with my bills. Now I told this guy that I can afford 50 dollars a month only (to try and pay back this debt). Maybe the hightest I can go, 80 if I'm lucky. He is saying citibank wants 80% of the total balance which is 5345.09 Obviously I can't pay that, and my mom can't fork over the money even if she tried. So then the threats continue and the guy tells me that if they take me to court, they will make my mom pay by putting a lien on her assesets. Now wait a freaking minute. I am the ONLY signer on this credit card. It is solely mine and no one else. Is this man telling the truth? Can they make my mom pay? Or can they tap into her payroll somehow? Is this legal??????? I'm in NJ by the way

[breathing_easier]

No, the collection agency (CA) rep is lying to you. This is nothing new for some of the more unscrupulous debt collectors. The threats that the CA made are a violation of the FDCPA (Fair Debt Collection Practices Act). Besides this particular violation, I'm sure there were others, especially if they've ever discussed your debt with your mom. Not sure if NJ allows the taping of a phone conversation without the consent of the other party but, if it does, now would be a good time to begin taping. At the very least, write down the dates of the calls, the name of the rep, and the statements made during the phone calls. Even if NJ doesn't allow taping without the consent of the other party, you can ask them if it's okay to tape and if they do not respond directly to your question, that can be taken as consent. You must take all these steps in the event you want to sue the CA in the future for their FDCPA violations or, in the event they sue you and you want to counterclaim. I know it's not easy, but don't let them scare you, and definitely don't let them scare your mom. If she is not on the card they can't touch her assets or her wages. Immediately (like tomorrow) send the CA a debt validation (DV) letter via CMRRR (certified mail, return receipt requested). It will cost you $4.55, but it's necessary to keep a very good paper trail. You'll learn everything you need to know about DV under the Debt Validation link above. It also contains a sample DV letter. Customize it to fit your particular situation. Also a lot of good information available by doing a search under the term "debt validation" by using the Search link for this site. Included in your DV letter should be a demand for limited C&D (cease & desist), stating that the CA is only to contact you by mail and is no longer allowed to call you. After signing for your DV letter the CA must cease all collection activity and mark any tradeline they have on your reports as "in dispute" until they validate the debt. There is no set time period in which they must validate, however. It also buys you some time to scrape together some cash (sell on eBay, take a part-time job) in the event you want to settle this debt and be rid of it.

Welcome to the CIC, by the way!

[legalhelpnow]

Thank you!! So is the fact that this guy called me at all illegal? Cause the collection agency letter is dated October 1st. So they haven't even given me my so called 30 days and already they are spewing threats. Besides sending them the DV letter, is there action I can take against this nonsense now? Seems to me this agency (Academy Collections) has broken a few of the FDCPA rules on their first attempt.

[breathing_easier]

There was no violation just by calling. It was the threats that were the violation. (You also didn't mention whether they'd discussed the debt with your mom.) Just send (tomorrow) the DV letter including the C&D for now. That will stop the threatening calls, and if it doesn't, just more fuel for your FDCPA-violation fire.

[PayCutHurtMe]

NJ is a one party state as far as taping phone calls.

[breathing_easier]

NJ is a one party state as far as taping phone calls.

Thanks, John. So there ya go, legalhelpnow, tape away!

[LadynRed]

Academy Collections are a bunch of pea-brained chimps !!! DV them and they will fold like a house of cards. They can't validate, they WON'T validate, and they will likely dump your account like a hot potato when they get your DV letter. They dumped mine in a hurry when I DV'd them on one of mine 2 years ago. They WILL make ILLEGAL threats and try to scare you into paying - don't fall for it.

Read the FDCPA and get cozy with it. Keep it by the phone if you must to quote to them if you ever talk to them again. There is NO point in talking to a CA, its like talking to a wall. All they want to do is upset you and make you pay and will ignore anything you say anyway, so why bother ?? They can't do what they've threatened.. its pure bullcrap !

[legalhelpnow]

Thanks so much guys!! I sent the DV letter this morning. My mom actually picked up the phone when the idiots called, and she told them a thing or two. You could hear a pin drop when she read to them every violation they had committed, and then told them they would be served with court papers within the next week. Then for the hell of it, she said she'd call the PA police for harassment charges as well. The guy hung up as quick as I don't know what. I'm sure they'll call again when they recover from the blow, but judging by what I've read on this message board and all over the net about academy, they wont get a single cent. On a side note, I'm closing my accounts with Citibank. They have SO MANY complaints lodged against them because of the CA that they use. I'll take my business elsewhere

[retmar]

To clarify, the phone call within days of receipt of first communication and included threats is a violation in itself for "overshadowing". The consumer must be allowed the 30 days to respond before further activity of this sort. They can continue to report, but, they can do nothing that would cause the least sophisticated person to think they are to be sued before they have had the opportunity to dispute the debt.

To include, it would have been beneficial if you had included in your DV parts of the conversations on the phone as to the date, time, name, and threats, then make mention of the violations, etc. Sometimes by doing this, it gives them even greater incentive to go eat Maggot Droppings. Therefore, since they more than likely won;t respond to your DV, do this in your second one after 35 days.

[legalhelpnow]

Oh, sorry I wasn't clear, but I did include all that in the DV. The entire letter turned out to be close to five pages because of all that info. Names, times, everything. They know they don't have a leg to stand on. I'd get at least 6,000 bucks for all the violations they've racked up since first contacting me earlier this month. I let them know that phone conversations were recorded and in addition to violating five counts of the FDCPA, threatening someone's health was ILLEGAL by law enforcement standards and that the tapes have been turned over to my local sheriff's department, who has now contacted the PA state police. As I said, the guy hung up (after whispering a curse-more violations, thank you!) and we've yet to hear from anyone from that office. I'd seriously love for this to actually involve the police but I don't think academy is that stupid-and if they are, well then according to the my local sheriff, they, or rather I should say the specific man I spoke to, is one step closer to jail. Just real happy I've got these threats on tape. The expression goes, you reach more bees with honey. What makes these a$$#%*** think threatening someone will make them get their money?? Why they exist I don't know. Waste of air, space and humanity. Either way, I'll keep up with the updates should anything interesting develop. You guys have been great!!