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I'm giving up, then again maybe not!


Zelph
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It has now been more than 180 days since I made the decision to walkaway from six unsecured debts and have reached this juncture. Thursday the 9th I received a written notice and final statement from the OC (with the largest balance) that my account has been charged off and on Friday the 10th received call that the account has been sold to a CA/JDB reportedly a law firm. The caller reached me on my wife's cell phone, since I have no phone - sneaky devils, I answered and talked to the collector (she also informed me she was not a lawyer), she indicated which account they are collecting on. I gave her the last 4 digits of my SS# and verified that the address they have on file was the correct one. I'm in the process of waiting the 5 days for written notice of collection. She claimed she would put the phone # on their internal 'Do Not Call' list and mail me the notice.

 

I have read all kinds of legal warnings and decided the added stress that I may be in violation of 'Willful Blindness' or chance getting sued by the plaintiff for filing a weak FDCPA complaint and paying their legal fees is detrimental to my health. My path from here on to adhere to the following action. I am sending a CMRRR 'Refusal to Pay' and include a 'Cease & Desist' that restricts all contact written or oral until such time as they decide to sue. I am not disputing the claim that the alleged debt is mine, since there is a chance the JDBs will ask for proof that it isn't mine. That seems just a little counter-productive. I'm insolvent and therefore unable to pay the debt. I have only one asset my 'peekup' truck that has a low book value of $5500.00 and carries a $5200.00 lien from the bank. My retirement income is protected by law and is paid by a government sponsored debit card.

 

The way I look at it is, if they get a judgment against me then they will have 10 years to try whatever means of collection they can dream up, failing that they can renew it for an additional 10 years. At my age I think only one renewal will be sufficient. They can't sell my debt because of the judgment in place. Only thing they may be able to do is vacate the judgment and sell it but after 10 years it would become time-barred and now would be classified as a 'Zombie Debt' good luck with that.

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Good news is JDB is much easier to defuse than OC. If I were you, I'd keep sending DV's and electing arbitration in each one of them .

 

I know this is stressful and not everyone can be the same, but with a little knowledge (granted you have time to study, I encourrage you to just read some of the posts here) see yourself overcoming this  hurdle and moving on.

 

I know the first time I got sued , I froze, the thaught of going to court made me sick to my stomach , low and behold I went all the way to appeals court , pro se.

 

I made a decision to stop watching TV and read, now I am addicted to case laws. I made a decision to learn from my mistakes and change basically everything. Yes, what gets you most is not what's in your wallet, but what's in your head.

 

Best of luck to you !

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I have to echo what @howucan2 said. I actually found the process to be somewhat intimidating at first, but now look forward to each time I'm "invited" to court.

 

With that said, sadly, out of 6 credit cards and balances close to $50K, I only have one left to fight. Although my family has been through a lot the last 5 years, I am proud of the fact that we are back on our feet having beat each and every one of these clowns.

 

A victory in court can do wonders for the soul (and stress, and the bank account and so on).

 

Good luck to you in whatever you choose.

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You do not need a ceas and desist order if you send a refusal to pay letter, They are one in the same read the fdcpa closely.

 

The thing is most ca's and jdb's do not treat a refusal to pay as a cease and desist. When or if they try to collect after you send a refusal to pay you then have a valid fdcpa claim.

 

Also know this; a refusal to pay could and probably will result in a suit filed against you, Just be ready for this if you do choose to send them a refusal;.

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I have read all kinds of legal warnings and decided the added stress that I may be in violation of 'Willful Blindness' or chance getting sued by the plaintiff for filing a weak FDCPA complaint and paying their legal fees is detrimental to my health. My path from here on to adhere to the following action. I am sending a CMRRR 'Refusal to Pay' and include a 'Cease & Desist' that restricts all contact written or oral until such time as they decide to sue. I am not disputing the claim that the alleged debt is mine, since there is a chance the JDBs will ask for proof that it isn't mine. That seems just a little counter-productive. I'm insolvent and therefore unable to pay the debt. I have only one asset my 'peekup' truck that has a low book value of $5500.00 and carries a $5200.00 lien from the bank. My retirement income is protected by law and is paid by a government sponsored debit card.

 

@Zelph

 

I don't think you're giving up at all.  I think you're being proactive.  You're doing more than most people do.  

 

If they ask for proof that the debt is not yours, you can't prove a negative.  Ignore such a request.  If you get sued, you can beat them.  We are here to help.  

 

One step at a time, and you have done all you CAN do for now.  

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@Zelph

 

I don't think you're giving up at all.  I think you're being proactive.  You're doing more than most people do.  

 

If they ask for proof that the debt is not yours, you can't prove a negative.  Ignore such a request.  If you get sued, you can beat them.  We are here to help.  

 

One step at a time, and you have done all you CAN do for now.  

 

Thanks for all 4 of the posts howucan2, admin, BTO429 and gwheelock915.  I've decided to give it a go.  I done a little more research on the law firm that will be collecting.  I used the 800 that they called from and located their website.  As of today I'm still waiting on the 1st contact follow up letter that I can challenge with a CMRRR debt validation.  If and when they respond I will send a Cease & Desist CMRRR to stop all communication.  That essentially informs them that I refuse to pay also.  So the ball will be in their court.  

 

As per my research the law firm is not nice, I think their mothers would be disappointed how they turned out!  There were not many positive posts about them but many, many negative ones.

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Zelph - as long as you are "Judgment proof" you are the one holding the high cards. I am in the same situation you are - more debt than I will ever be willing to pay, no attachable source of income and no attachable assets. After 3 years all my creditors have simply given up, and I owe one of them over $70,000!!!! One of them actually got a Judgment against me but they will never see and they will never see a dime of it.

 

Just live whatever life you have left in peace and don't give them a second thought. If they make themselves too much of a nuisance you can always shut them up with a FDCPA lawsuit. Nothing takes the wind out of a creditor's sails than making THEM the defendant.

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Who is the debt collector?

 

I have a question:  When a suit is filed against me what is the distance in miles from my residence where the plaintiff can file a suit???

 

I have located a web link where I can do a search on my name (last, first) or (first, last) that searches all the court dockets in my home state.  It searches circuit, civil,,,etc.  I tested on names in different counties with spellings variations and was successful in most searches.  Thankfully my name never showed at this time.   

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Do not be misinformed about judgments,,,they sell judgments all the time.

I got to stop shooting from the hip with my posts.  Thanks another lesson learned.  I just assumed that once a judgment was awarded then it was between you and the CD/JDB to fight it out over your money.  I guess it makes sense that they could resell it since nothing is sacred in the collection game.  It appears that I had better never have more than two nickels in my pocket, drive around in a $300 clunker, keep all my money in a sock under a friend's mattress and leave all my worldly goods at the curb when I leave this mortal life.  I can do this!!!  

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