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qwikki123
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@qwikki123

 

You need to find out if you're dealing with a junk debt buyer.  Look at the original creditor's entry on your credit report to see if it indicates that the account has been "sold" or "transferred".  If it shows that, then you're dealing with a debt buyer.

 

Unless the collector is local, I don't know of any debt collector that will personally deliver anything.  You also need to find out if the company is legitimate.  If AZ requires collection agencies to be registered, see if they're registered.

 

If they are not a legitimate collection agency or debt buyer, this could be a scam.  As I stated, CAs and JDBs don't usually make personal deliveries.

 

1.  Never deal with a collection agency over the phone if you don't know that they are legitimate. 

 

2.  Sometimes it's best to wait for a collection letter.  The first letter should contain the 30-day notice required by the FDCPA in 1692g.

 

3.  Send a debt validation request within 30 days after getting the letter that contains that notice.

 

4.  In the case of a collection agency who is collecting for the original creditor, make sure that they are IN FACT collecting for the OC.  In the case of a debt buyer, you want to be as sure as possible that they own the account.

 

5.  Never give your financial information over the phone. 

 

6.  Never agree to let a collection agency or debt make automatic deductions from your bank account.

 

7.  Never agree to anything that's not in writing.  If you ever settle a debt or agree to payments, make sure all of the terms are written and clearly detailed.  If it's not in writing, it didn't happen. 

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@qwikki123

 

You need to find out if you're dealing with a junk debt buyer.  Look at the original creditor's entry on your credit report to see if it indicates that the account has been "sold" or "transferred".  If it shows that, then you're dealing with a debt buyer.

 

Unless the collector is local, I don't know of any debt collector that will personally deliver anything.  You also need to find out if the company is legitimate.  If AZ requires collection agencies to be registered, see if they're registered.

 

If they are not a legitimate collection agency or debt buyer, this could be a scam.  As I stated, CAs and JDBs don't usually make personal deliveries.

 

1.  Never deal with a collection agency over the phone if you don't know that they are legitimate. 

 

2.  Sometimes it's best to wait for a collection letter.  The first letter should contain the 30-day notice required by the FDCPA in 1692g.

 

3.  Send a debt validation request within 30 days after getting the letter that contains that notice.

 

4.  In the case of a collection agency who is collecting for the original creditor, make sure that they are IN FACT collecting for the OC.  In the case of a debt buyer, you want to be as sure as possible that they own the account.

 

5.  Never give your financial information over the phone.

 

6.  Never agree to let a collection agency or debt make automatic deductions from your bank account.

 

7.  Never agree to anything that's not in writing.  If you ever settle a debt or agree to payments, make sure all of the terms are written and clearly detailed.  If it's not in writing, it didn't happen. 

Ditto.

 

Based on their lack of trustworthiness in the industry, I would likely never agree to make payments to anyone other than to an OC that I had a written settlement with. Even then I would be very reluctant to do so. YMMV

 

I look up AZ licensed CAs online here: http://azdfi.gov/Consumers/Licensees/licenses.asp?list=CA&name=Collection%20Agencies

 

I believe that the FDCPA requires written notice to be sent within 5 days of a collection call. I have had a CA not follow-up with such a letter.

 

I want to have a CA dunning letter that I can specifically respond to with my DV letter. If a CA is not licensed in AZ I typically point that out in my DV letter. They seem to be very quiet after I point that out. I assume they may just find another properly licensed CA, eventually, but that is not something for me to worry about.

 

As I recall, AZ bar members are exempt from collection agency licensing. Of course I would look up a collection attorney's bar membership if they sent me a letter by putting their first and last name in the appropriate field: http://www.azbar.org/FindaLawyer

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@Credator

 

I agree that it's best to deal with the OC whenever possible.

 

Unfortunately, some OCs, after referring an account to a collection agency, will not deal with a consumer.  It probably has something to do with the agreement between the OC and the CA. 

 

If the CA receives a fee no matter what (even if they don't collect), the OC may feel it's a waste of time to deal with a consumer when that OC is going to have to pay the CA anyway.  Therefore, they want the CA to handle it and earn their fee.

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collection compay calls, I offer payment of $50 every two weeks, bill is 588 they refuse, not within their system protocol amount, its all I can afford I tell her, she got nasty.  then says she is having papers brought to my home. what do i do?

 

HANG ON.  This could be a scam.  A common theme in the payday loan scams (and now the fraud is spreading to debt in general) is the "pay us this amount right now or we are coming to your house with papers."  

 

If they call back tell them to bring the papers.  If they ask your address tell them if they filed suit they have it already.  See if your county court has an online docket system and search to see if there are any cases filed against you.  If there are none then I am going to lean towards SCAM.  

 

This is how it goes:  they call and demand the payment and they are nasty when you won't pay.  Then the threat:  you have two or three hours to pay up or they are coming to your home, job, church, car wash, dry cleaner, and adult book store to bring you papers.  If you push about what kind they won't tell you.  If you ask what court they filed in they won't tell you.  If you ask for their address they either won't give one or it will be a fake.  

 

I recently got one of those calls (again) in early December.  I refused to pay they made the threat.  I told them to come on by with the papers I would wait.  No one ever showed up.  10 days later same woman called back.  Same threat this time I demanded an address for mailing and service of process for my attorney under the FCDPA.  She told me she did not know her employer's address (HUH?  Then how do you find your way to work.  LOL) She claimed to be looking it up and kept apologizing for the delay.  Finally gave me an alleged address for their business which I wrote down and hung up.  A google search revealed it is a florist.  A quick call to the florist revealed a VERY angry business that this bottom feeder is giving out their address as their business.  

 

To date:  no papers, no CR entry, no lawsuit, and no arrest.  SCAM.

 

The goal is to scare you into paying.  If you pay they add you to the sucker list and wait a few months then call again.  If they figure out you won't pay they move on to the next mark.  They use prepaid burner cell phones, spoof their numbers, drop mail boxes so serving them with a lawsuit for all the laws they violate is impossible.  Consumer attorneys won't even bother with it.  That is if they are even in the USA.  

 

If this is not on your CR I would not give it a second thought and if they did call back I would mess with them.  YMMV

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@Credator

 

I agree that it's best to deal with the OC whenever possible.

 

Unfortunately, some OCs, after referring an account to a collection agency, will not deal with a consumer.  It probably has something to do with the agreement between the OC and the CA. 

 

If the CA receives a fee no matter what (even if they don't collect), the OC may feel it's a waste of time to deal with a consumer when that OC is going to have to pay the CA anyway.  Therefore, they want the CA to handle it and earn their fee.

I find I cannot deal with those that refuse to deal with me. I am OK with that.

 

I feel it is hazardous to deal with CA's on any kind of payment schedules. YMMV

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