smaxx Posted March 13, 2007 Report Share Posted March 13, 2007 I have an unpaid acct with American General Finance company that is 120 days + pass due. I tried to contact them about a week ago to bring this acct current with them and they stated that they are going to send this acct to a Lawyer and garnish my wages........I asked if I could pay the acct up to date and start my monthly payments with them. They said NO.....and that if I wanted to I could pay the Lawyer the full amount before going to court and it will not become a judgement. My ? is if it's with the lawyers why are they still calling me and sending me statements to pay them. I even asked for a settlement amount. What should I do at this point to stop if from becoming a judgement?????? Link to comment Share on other sites More sharing options...
elyse449 Posted March 13, 2007 Report Share Posted March 13, 2007 First and foremost, they can take you to court if they want...but that doesn't necessarily mean they'll win a judgment! It certainly doesn't mean they'll get an automatic garnishment in wages. So--they're blowing some serious smoke up your hind quarters....that's why you're still getting crap from them. Send them a formal letter via CMRRR to their headquarters offering to pay this account up to date. Keep copies of this letter and the green card you'll get that is proof that they received the letter. *In your letter, make sure you notate the date you called by phone to offer payment of this debt as well.Allow me to add that IF they don't sue you-they would then be in violation of the FDCPA. They can't threaten to sue and than not follow through. So...if it were me and if they don't sue, I'd report them to the Attorney General, BBB and the Federal Trade Commission immediately. Let them know that they have threatened to sue and have not followed through.It sounds like they're trying to get you to pay the whole thing, otherwise they'll sue?? They don't want to work to get you up to date?? Have you spoken to management yet?If they're still sending you statements, why didn't you just pay them? Have you tried that yet?Elyse Link to comment Share on other sites More sharing options...
qtptute Posted March 13, 2007 Report Share Posted March 13, 2007 First and foremost, they can take you to court if they want...but that doesn't necessarily mean they'll win a judgment! It certainly doesn't mean they'll get an automatic garnishment in wages. So--they're blowing some serious smoke up your hind quarters....that's why you're still getting crap from them. Send them a formal letter via CMRRR to their headquarters offering to pay this account up to date. Keep copies of this letter and the green card you'll get that is proof that they received the letter. *In your letter, make sure you notate the date you called by phone to offer payment of this debt as well.Allow me to add that IF they don't sue you-they would then be in violation of the FDCPA. They can't threaten to sue and than not follow through. So...if it were me and if they don't sue, I'd report them to the Attorney General, BBB and the Federal Trade Commission immediately. Let them know that they have threatened to sue and have not followed through.It sounds like they're trying to get you to pay the whole thing, otherwise they'll sue?? They don't want to work to get you up to date?? Have you spoken to management yet?If they're still sending you statements, why didn't you just pay them? Have you tried that yet?ElyseAmerican General Finance is the ORIGINAL CREDITOR. Therefore FDCPA does NOT apply.The OC can do whatever they want, threaten to sue, call you time and time again, even after you've asked them to stop, they can even sue. But WHEN they sue, it becomes a matter of WHEN and who they use. When they sue and turn it over to the collection agency, then FDCPA will apply. If you have your last statement from payment, pay that amount. No late charge, not finance charges, etc. I am sure that they have racked up some charges just since you haven't paid.Also, they don't have to make any sort of payment arrangement with you. But, once you pay, you have started the SOL all over again. You take your chances and roll the dice.The AG and FTC RARELY do anything for you. Why bother telling them, since all you really want to do is sue them in the first place. If this is your contention, then find yourself a lawyer in your area at www.naca.net.If not, then send them a letter requesting a payment history isince inception of the loan (a sneaky way to find out your balance.) Send it CMRRR. See what they send you. If you don't receive anything, then go to your local branch and request one in person. Link to comment Share on other sites More sharing options...
elyse449 Posted March 13, 2007 Report Share Posted March 13, 2007 American General Finance is the ORIGINAL CREDITOR. Therefore FDCPA does NOT apply.The OC can do whatever they want, threaten to sue, call you time and time again, even after you've asked them to stop, they can even sue. But WHEN they sue, it becomes a matter of WHEN and who they use. When they sue and turn it over to the collection agency, then FDCPA will apply. If you have your last statement from payment, pay that amount. No late charge, not finance charges, etc. I am sure that they have racked up some charges just since you haven't paid.Also, they don't have to make any sort of payment arrangement with you. But, once you pay, you have started the SOL all over again. You take your chances and roll the dice.The AG and FTC RARELY do anything for you. Why bother telling them, since all you really want to do is sue them in the first place. If this is your contention, then find yourself a lawyer in your area at www.naca.net.If not, then send them a letter requesting a payment history isince inception of the loan (a sneaky way to find out your balance.) Send it CMRRR. See what they send you. If you don't receive anything, then go to your local branch and request one in person.DUH!! What was I thinking?!Elyse Link to comment Share on other sites More sharing options...
smaxx Posted March 13, 2007 Author Report Share Posted March 13, 2007 I've offered to pay and bring the acct current; but they stated that I would have to sign a letter and that it would go on my credit reports as some kind of judgement being paid. I'm trying to avoid the judgement - that's why I'm offering a settlement or pay the acct current and continue to make the payments. Link to comment Share on other sites More sharing options...
qtptute Posted March 13, 2007 Report Share Posted March 13, 2007 I've offered to pay and bring the acct current; but they stated that I would have to sign a letter and that it would go on my credit reports as some kind of judgement being paid. I'm trying to avoid the judgement - that's why I'm offering a settlement or pay the acct current and continue to make the payments.Don't sign anything, just send them a letter and in the letter state that in return you want to have them delete the derog off your credit report for your payment in full. That's what we call a PFD (pay for delete.) They don't have to do this, but they should. Stop calling them, write them a letter. See what happens when you start a writing campaign. Link to comment Share on other sites More sharing options...
elyse449 Posted March 13, 2007 Report Share Posted March 13, 2007 It sounds like they're already seeking a judgment against you. It sounds like they're trying to settle prior to court. Be careful of this. Contact your local county courthouses to see if you have a pending case. And I agree w/ qt. Contact them in writing ONLY. Elyse Link to comment Share on other sites More sharing options...
smaxx Posted March 13, 2007 Author Report Share Posted March 13, 2007 Thank you both. I will draft a letter this evening to mail out this thing in the morning. Link to comment Share on other sites More sharing options...
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