Chia32

Help!!! Recent college grad going to military

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I need advice! Portfolio recovery associates wants to take me to court over a 1200 credit card debt (that accrued on a card with an 800 max). I stopped paying over a year ago during my senior year when I needed to quit my part time job and concentrate on my last year. Since graduation I took two months off, did five months of an unpaid internship, and then decided I wanted to go to the military. I'm trying to go to this summer but I'm going in a selective and difficult program (not boot camp) that I truly believe I can do but definitely need to prepare for. So I'm not working, just doing about $100 worth of tutoring a month. I don't have the money to pay this loan now and I've tried to ask PRA that since the loan has remained unpaid this long, just to leave it until I'm in and start receiving a paycheck.

 

They called me yesterday saying they're going forward in a lawsuit and gave me a last chance to start a payment plan. The lowest they offered was 60/month so I agreed but realistically I can't afford that because that 100 is simply to pay for a gym to train in and public transportation for the month. If I paid that money I'd be compromising what I'm doing now and if I don't they'll take me to court. I had thought they wouldn't sue for so little but I read another thread on here from someone they sued for only 200 more than what I owe.

 

Is there a way to address this so I don't pay now? Do I let them take me to court and what do I do when they do?

 

HELP!!

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Is there a way to address this so I don't pay now? 

 

With PRA?  No.  If you aren't paying now they are not going to take a chance that you might pay in the future.  They hear far too many excuses from consumers who never pay up to ever believe you.  The ONLY way I can see that you can make payments later is if you borrow the money from family and pay them off and then pay your family back.

 

Do I let them take me to court and what do I do when they do?

 

If they sue you defend.  You cannot prevent them from utilizing their right to sue you.

 

You should be aware that the military is very clear about members not having debt problems.  If the program you are entering is that rigorous and highly selective it is entirely possible that if you have a active suit or a judgment when it is time to report that they deny you entry.  You need to check with the recruiter you are working with ASAP on this before you really sink your future in more ways than just a judgment.

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It's a violation of  the FDCPA to threaten lawsuits in order to coerce a person into paying an alleged debt.

 

If they are calling your cell phone with an autodialer (there are ways to know this, of course) and you have not given them permission to do so, that's a violation of the TCPA, and each time you have a record of them calling, you can claim damages of $500-$1500. 

 

Contact a NACA attorney in your area about PRA. They are a JDB (junk debt buyer.) The fact that your unpaid 800 debt has increased by 50% in less than a year indicates that they may also be adding illegal fees, but you can't tell without a good look at their books.

 

FDCPA claims limit your award from the court to $1000, but they do allow for the payment of your attorney's fees. There may be a NACA attorney who is willing to take your claim without a retainer, especially if you have TCPA claims, as they usually get a percentage of the award. But even 60% of $1000 is better than paying $1200, right?

 

If you can preemptively sue them for their FDCPA violations, you may find that they offer to settle, rather than end up paying a lot more in attorney fees (both theirs and yours) and penalties than the value of their, extremely cheaply bought, file with your name on it.

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Which card was it?

 

It was a Bank of America credit card

 

It's a violation of  the FDCPA to threaten lawsuits in order to coerce a person into paying an alleged debt.

 

If they are calling your cell phone with an autodialer (there are ways to know this, of course) and you have not given them permission to do so, that's a violation of the TCPA, and each time you have a record of them calling, you can claim damages of $500-$1500. 

 

Contact a NACA attorney in your area about PRA. They are a JDB (junk debt buyer.) The fact that your unpaid 800 debt has increased by 50% in less than a year indicates that they may also be adding illegal fees, but you can't tell without a good look at their books.

 

FDCPA claims limit your award from the court to $1000, but they do allow for the payment of your attorney's fees. There may be a NACA attorney who is willing to take your claim without a retainer, especially if you have TCPA claims, as they usually get a percentage of the award. But even 60% of $1000 is better than paying $1200, right?

 

If you can preemptively sue them for their FDCPA violations, you may find that they offer to settle, rather than end up paying a lot more in attorney fees (both theirs and yours) and penalties than the value of their, extremely cheaply bought, file with your name on it.

 

To be honest I've ignored most of their phone calls but I can't remember if any were autodials, I know the few I've answered recently weren't.

 

With PRA?  No.  If you aren't paying now they are not going to take a chance that you might pay in the future.  They hear far too many excuses from consumers who never pay up to ever believe you.  The ONLY way I can see that you can make payments later is if you borrow the money from family and pay them off and then pay your family back.

 
 

 

If they sue you defend.  You cannot prevent them from utilizing their right to sue you.

 

You should be aware that the military is very clear about members not having debt problems.  If the program you are entering is that rigorous and highly selective it is entirely possible that if you have a active suit or a judgment when it is time to report that they deny you entry.  You need to check with the recruiter you are working with ASAP on this before you really sink your future in more ways than just a judgment.

 

You're right, I mean I don't know their policy and I haven't mentioned it but maybe as broke as I am I should make this $60/month happen to make the thing go away. I'm an idiot for mentioning not only that this program was what I'm doing but that I just didn't want it to affect my application-so obviously those assholes make it affect me

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Oh! Also, yea the unpaid debt increased that much while it was still with Bank of America. It was some ridiculous interest rate but I had been good about paying it off entirely every month until I had an academic crisis and stopped working to focus on salvaging my last semester, so it went unpaid AND I maxed out the rest after which the interest started to accrue 

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